Commons:Copyright rules by territory/India

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COM:CRTIND
Location of India

Summary

Countries, areas, and entities Standard copyright term
(based on authors' deaths) 		Other copyright terms
(based on publication and creation dates) 		Copyright exemptions Notes


Commons-logo.svg India copyright overview
(Wikipedia-logo-v2.svg Copyright law of India) 		60 p.m.a.: life + 60 years (except posthumous works and photographs, films, sound recordings)
  • Photographs:
    • 50 years after creation (for creation before 1958)
    • 60 years after publication (for publication after 1957[1])
  • Films and sound recordings: 60 years after publication[2]
  • Anonymous works: 60 years after publication (if author never disclosed)
  • Posthumous works: 60 years after publication
  • Government works: 60 years after publication[3]
  • Berne/UCC: yes
  • Until year end: Yes
{{PD-old-auto|author died 1957 or earlier}} {{PD-anon-auto-1996}} (for anonymous works published before 1936)
{{PD-India-photo-1958}} (photographs created before 1958) 		{{FoP-India}}
{{FoP-India}}
SemiPD-icon.svg

India

This reproduction is permitted under the Indian Copyright Act of 1957, Section 52, which states:
...
(s) the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;
(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work failing under sub-clause (iii) of clause (c) of section 2 ["any other work of artistic craftsmanship"], if such work is permanently situate in a public place or any premises to which the public has access;

Note that this does not include copies of paintings, drawings, or photographs, as they do not fall under the referenced sub-clause (iii). They fall under sub-clause (i).

(u) the inclusion in a cinematograph film of-
(i) any artistic work permanently situate in a public place or any premises to which the public has access;

Indian law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom section for more details.

See Commons:Freedom of Panorama#India for more information.

English | മലയാളം | +/−

India Overview

According to the Copyright Act 1957 (as amended):

  • Photographs, films, sound recordings, government works, works of public undertakings and works of international organizations. The following works enter the public domain when 60 years have passed from 1 January of the calendar year following the year in which the work was published: sections 25–29.
    • Photographs. Photographs created before 1958 are in the public domain 50 years after creation, as per the Copyright Act 1911. Photographs published 1958 or after entered public domain 60 years after publishing.
    • Cinematograph films.
    • Sound recordings.
    • Works that the Government is the first owner of. (A work is a Government work if it is made or published by or under the direction or control of (1) the Government or any of its departments, (2) any Legislature in India; or (3) any court, tribunal or other judicial authority in India: section 2(k).)
    • Works that a public undertaking is the first owner of. (A public undertaking is (1) an undertaking owned or controlled by the Government, (2) a Government company as defined in section 617 of the Companies Act 1956 of India, or (3) a body corporate established by or under any Central, Provincial or State Act: section 17(dd).)
    • Works of international organizations.
  • Works (other than photographs) by known authors published during their lifetimes. A literary, dramatic, musical or artistic work (other than a photograph) published within the author's lifetime enters the public domain when 60 years have passed from 1 January of the calendar year following the year in which the author died or, where the work is of joint authorship, the author dying last died: section 22. Works by authors who died before 1941 entered public domain after 50 years and copyright has not been restored.
  • Published works (other than photographs) by unknown authors. A literary, dramatic, musical or artistic work (other than a photograph) published anonymously or pseudonymously enters the public domain when 60 years have passed from 1 January of the calendar year following the year in which the work was first published. However, if the identity of the author is disclosed within this period, the preceding paragraph applies: section 23.
  • Works by known authors published posthumously. A literary, dramatic or musical work or an engraving not published before the author's death or, where the work is of joint authorship, the death of the author dying last, enters the public domain when 60 years have passed from 1 January of the calendar year following the year in which the work or an adaptation of that work was first published: section 24(1). In this context, a literary, dramatic or musical work has been "published" if it has been performed in public or records of the work have been sold or offered for sale to the public: section 24(2).
  • Freedom of panorama. There is no infringement of copyright when one makes or publishes a painting, drawing, engraving or photograph of:
    • a work of architecture or the display of a work of architecture (section 52(s)); and
    • a sculpture or a work of artistic craftsmanship permanently situated in a public place or any premises to which the public has access (section 52(t)). (Work of artistic craftsmanship in this context does not include paintings, drawings, engravings or photographs: section 52(t) read with section 2(c)(iii) (definition of artistic work).)
  • Works by the Government of India can be uploaded under {{GODL-India}} (central government only, not state governments).
  • Laws and other legislative documents can be uploaded under {{EdictGov-India}}

Note: For the purposes of this Act, "publication" means making a work available to the public by issue of copies or by communicating the work to the public. (Page 5 of Copyright Act 1957)


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Note:
  1. Two public domain tags: Per Commons:Licensing, files on Commons must be in the public domain in both the source country and the United States, if they are not freely licensed. Public domain files always need both a US PD tag and a source-country PD tag (or a combined tag which explicitly covers both).
  2. URAA copyright restoration: Many files which are in the public domain in India are affected by the URAA restoration of US copyright. For files published anywhere in the world before , {{PD-1923}} covers the US copyright. For all other cases, the URAA issue needs to be considered in more detail. New files which are affected by the URAA (i.e. have their US copyright restored) should not be uploaded to Commons. Old files are subject to review via Commons:WikiProject Public Domain/URAA review; cases known to be affected should be {{Not-PD-US-URAA}} and if possible moved to a Wikimedia project which permits fair use.
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References

  1. ↑ Copyright Act 1957, Article 25
  2. ↑ Copyright Act 1957, Article 26,27
  3. ↑ Copyright Act 1957, Article 28

See also

Editing this page

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