Section 40 of the Copyright Act, 1957 - Power to Extend Copyright to Foreign Works

Section 40, contained in Chapter IX on international copyright, empowers the Central Government to extend all or specified provisions of the Copyright Act, 1957 to foreign works by an order published in the Official Gazette. It provides the statutory mechanism through which qualifying foreign works may receive copyright protection in India, subject to the terms and limitations of the applicable order.

In simple terms: Section 40 enables India to apply its copyright law to works connected with foreign countries, including certain works first published abroad and certain unpublished works of foreign authors. The exact protection depends on the Central Government order made under the section.

Text and Scope of Section 40

The Central Government may, by order published in the Official Gazette, direct that all or any provisions of the Copyright Act shall apply:

(a) to works first published in a territory outside India to which the order relates, as if those works were first published within India;

(b) to unpublished works, or specified classes of unpublished works, whose authors were subjects or citizens of the relevant foreign country when the works were made, as if those authors were citizens of India;

(c) in relation to domicile in a territory outside India covered by the order, as if that domicile were in India; and

(d) to a work whose author, on the date of first publication, was a subject or citizen of the relevant foreign country, or, if the author had already died, was such a subject or citizen at the time of death, as if the author were a citizen of India at the relevant time.

The extension is subject to Chapter IX and to the conditions contained in the particular order issued by the Central Government.

Conditions and Limitations Under Section 40

Section 40 permits the Government to tailor international copyright protection rather than requiring every provision of the Act to apply identically in every case. The statutory proviso allows or requires the following:

  1. Reciprocal protection: where the foreign country is not covered by an applicable copyright treaty or convention to which India is also a party, the Central Government must be satisfied regarding protection in that country for works entitled to copyright under Indian law.
  2. Specified classes of works or cases: an order may apply the Act generally or only to identified classes of works or cases.
  3. Term of protection: an order may limit the Indian copyright term so that it does not exceed the term available under the law of the relevant foreign country; following the 2012 amendment, the term cannot exceed the term provided by the Copyright Act, 1957.
  4. Conditions and formalities: enjoyment of rights may be made subject to conditions or formalities specified in the order.
  5. Ownership rules: necessary exceptions or modifications may be made while applying Indian copyright ownership provisions, having regard to the law of the foreign country.
  6. Earlier works: the order may determine whether the Act, or a part of it, applies to works made or first published before the order commenced.

Why Section 40 Is Important

Copyright is territorial, but creative works routinely circulate across national borders. Section 40 supplies the domestic statutory basis for extending the Copyright Act to foreign works in accordance with India's international copyright arrangements. The Copyright Office states that India participates in major international copyright frameworks including the Berne Convention, the Universal Copyright Convention and the TRIPS Agreement.

Accordingly, a question concerning protection of a foreign work in India should not be decided merely by asking where the work originated. The relevant provisions of the Copyright Act, the applicable international copyright order, the country concerned, the category of work and any conditions in the order should also be examined.

2012 Amendment Relevant to Section 40

The Copyright (Amendment) Act, 2012 inserted words into proviso clause (iii) of Section 40 clarifying that, even where the term of protection is linked to the term available in the foreign country, it cannot exceed the copyright term provided under the Indian Act. The amendment took effect on 21 June 2012.

Related Provisions

Section 40 should be read as part of Chapter IX - International Copyright. Depending on the issue, the surrounding provisions concerning international organisations, restrictions relating to foreign authors or rights, and parliamentary control over orders made under the Chapter may also be relevant.

For the current statutory wording, readers should verify the provision from the official India Code text and consult applicable orders or notifications published by the Government.

Frequently Asked Questions

Does Section 40 itself automatically protect every foreign work in India?

No. Section 40 is an enabling provision. It authorises the Central Government to extend provisions of the Act through an Official Gazette order, subject to the scope and conditions of that order.

Can the Government extend only some provisions of the Copyright Act?

Yes. Section 40 expressly permits an order to apply all or any provisions of the Act, either generally or to specified classes of works or cases.

Can a foreign work receive a longer copyright term in India than Indian law permits?

No. Proviso clause (iii), as amended in 2012, permits limitations linked to the foreign country's term but does not permit the copyright term to exceed the term provided under the Copyright Act, 1957.

Legal reference checked against official Government sources in September 2026. This page is for general legal information; the applicable Gazette order and current statutory text should be checked for a specific work or country.