Section 7 of the Copyright Act, 1957: Nationality of Author of Unpublished Work
Section 7 of the Copyright Act, 1957 provides a special rule for determining the nationality or domicile of an author when the making of an unpublished work extends over a considerable period. The provision is relevant where an author's citizenship or domicile may have changed while the work was being created.
Text of Section 7
Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the author of the work shall, for the purposes of this Act, be deemed to be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any substantial part of that period.
Meaning and Scope of Section 7
The section creates a statutory deeming rule. If an unpublished work is created over a considerable period, the Act does not require the author's nationality or domicile to be determined only by reference to one particular day. Instead, the author is treated, for the purposes of the Copyright Act, as a citizen of or domiciled in a country in which the author had the relevant citizenship or domicile during any substantial part of the period in which the work was made.
What is an unpublished work?
Section 7 applies specifically to an unpublished work. For understanding publication under the Act, Section 3 of the Copyright Act defines publication, for the purposes of the Act, as making a work available to the public by issue of copies or by communicating the work to the public. Whether a work has been published therefore depends on the statutory meaning of publication and the facts of the case.
What does "considerable period" mean?
Section 7 does not prescribe a fixed number of months or years that constitutes a "considerable period." The expression must therefore be applied to the circumstances surrounding the creation of the particular work. The provision becomes significant where the creation process extends long enough for the author's citizenship or domicile during a substantial part of that period to be relevant.
What is the effect of the deeming provision?
The words "shall ... be deemed" establish a legal rule for applying the Copyright Act. Where its conditions are satisfied, the author's connection with a country during a substantial part of the creation period may be treated as the relevant citizenship or domicile for purposes of the Act.
Relationship with Nearby Provisions
Section 7 forms part of the preliminary provisions of the Copyright Act. It should be read with Section 5, dealing with when a work is deemed first published in India, and Section 8, which deals with domicile of corporations. Together, these provisions provide statutory rules for determining relevant territorial connections under the Act.
Practical Importance
The provision may matter when an author works on an unpublished manuscript, artistic work, dramatic work, musical work or another copyright-protected work over an extended period while living in, being domiciled in, or holding citizenship connected with different countries. Section 7 supplies a rule for determining the author's relevant nationality or domicile under the Act in such circumstances.
Official Reference
The current text of the legislation and copyright-related rules, forms, notices and services should be checked on the official Government of India resources linked in the sidebar.
Page reviewed and updated: 21 September 2026.