Section 26 of the Copyright Act 1957 - Term of Copyright in Cinematograph Films
Section 26 of the Copyright Act, 1957 prescribes the duration of copyright protection for a cinematograph film in India. The statutory period is sixty years, calculated from the beginning of the calendar year immediately following the year in which the film is published.
Section 26 - Statutory provision
Term of copyright in cinematograph films. In the case of a cinematograph film, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the film is published.
The period was increased from fifty years to sixty years by the Copyright (Amendment) Act, 1992, with effect from 28 October 1991.
Meaning of cinematograph film
Section 2(f) of the Copyright Act defines a cinematograph film as a work of visual recording and includes a sound recording accompanying that visual recording. The expression also covers a work produced by a process analogous to cinematography, including video films.
Section 2(e) defines a calendar year as the year commencing on 1 January. These definitions are important because Section 26 calculates the copyright term by reference to the calendar year following publication.
How the sixty-year period is calculated
The sixty-year period does not run simply from the exact date on which the film is published. The calculation begins from the start of the next calendar year.
Example: If a cinematograph film is published at any time during 2026, the statutory period under Section 26 is counted from 1 January 2027. Subject to the other provisions of the Act, the sixty-year term therefore runs through the end of 2086.
Meaning of publication
Section 3 of the Copyright Act states that, for the purposes of the Act, publication means making a work available to the public by issuing copies or by communicating the work to the public. The date and legal character of publication can therefore be important when determining the expiry of copyright under Section 26.
Copyright protection for films
Cinematograph films are expressly recognised as a class of copyright-protected works under Section 13 of the Act. Under Section 14, copyright in a cinematograph film includes specified exclusive rights such as making a copy of the film, selling or giving copies on commercial rental, and communicating the film to the public, subject to the provisions and exceptions contained in the Act.
Important: Copyright in a cinematograph film is distinct from copyright that may separately subsist in underlying works used in the film, such as literary, dramatic, musical or artistic works. Section 13(4) provides that copyright in the film does not affect the separate copyright in such underlying works.
Current legal position
As verified from the Government of India Copyright Office text of the Copyright Act, Section 26 continues to prescribe a sixty-year term for cinematograph films. The Copyright Office also describes the protection period for cinematograph films as sixty years beginning with the year following the year of first publication.
Related provisions
For a complete understanding of the duration and scope of film copyright, Section 26 may be read with Sections 2, 3, 13 and 14 of the Copyright Act, 1957 and with the other provisions in Chapter V dealing with the term of copyright.
This page provides general legal information on Section 26 of the Copyright Act, 1957. The application of copyright law can depend on the facts, publication history, ownership and other statutory provisions applicable to a particular work.