Section 28A of Copyright Act 1957 - Term of Copyright in Works of Public Undertakings

Section 28A of the Copyright Act, 1957 fixes the duration of copyright where a public undertaking is the first owner of copyright in a work. The provision uses publication, rather than the life of an individual author, as the reference point for calculating the term.

Section 28A - Statutory rule

Where a public undertaking is the first owner of copyright in a work, the copyright continues for sixty years beginning with the calendar year immediately following the year in which the work is first published.

This is a plain-language presentation of the statutory rule. For authoritative wording and current amendments, readers should verify the official text of the Copyright Act, 1957.

Meaning of public undertaking

The expression public undertaking is explained in Section 17 of the Copyright Act for the purposes of Section 17 and Section 28A. It covers:

an undertaking owned or controlled by the Government;
a Government company referred to in the statutory definition; and
a body corporate established by or under a Central, Provincial or State Act.

Section 17 also provides that, in the case of a work made or first published by or under the direction or control of a public undertaking, the public undertaking is ordinarily the first owner of copyright, unless there is an agreement to the contrary.

How the sixty-year period is calculated

The calculation starts from the beginning of the calendar year following the year of first publication. The publication year itself is therefore not counted as year one of the statutory sixty-year period.

Example: If a qualifying work is first published at any time during 2026, the sixty-year period is counted from 1 January 2027. Whether Section 28A applies in a particular case still depends on the public undertaking being the first owner of copyright and on the facts governing the work and its publication.

Relationship between Section 17 and Section 28A

Section 17 addresses first ownership of copyright, while Section 28A addresses the duration of copyright after a public undertaking qualifies as the first owner. These provisions should therefore be read together when deciding whether the special term under Section 28A applies.

Legislative history

Section 28A was inserted by the Copyright (Amendment) Act, 1983 with effect from 9 August 1984. The original fifty-year period was later substituted by sixty years by the Copyright (Amendment) Act, 1992 with effect from 28 October 1991.

Practical points

First determine whether the entity falls within the statutory meaning of a public undertaking.
Check whether that public undertaking is the first owner of copyright under Section 17, including whether an agreement provides otherwise.
Identify the year in which the work was first published.
Calculate the statutory term from 1 January of the following calendar year.
For a specific dispute, also check other applicable provisions, amendments, contractual terms and judicial decisions.

Legal note: This article is a general explanation of Section 28A. The official statutory text and applicable amendments should be checked for legal use or case-specific advice.