How Long Does Copyright Last in India 2025 — Lifetime + 60 Years Explained

Copyright in India lasts for the author's lifetime plus 60 years for most original works — including books, poems, paintings, music compositions, and software. This term is set by Section 22 of the Copyright Act, 1957 and begins counting from the year following the author's death.

For example: if an author dies in 2025, their copyright expires on January 1, 2086. Works where the author died before 1965 are now in the public domain in India and can be used freely.

However, different categories of works have different copyright durations under Indian law. Films, sound recordings, government works, and posthumously published works all have specific rules. The key terms to know: literary/musical/artistic works = lifetime + 60 years; cinematographic films = 60 years from publication; sound recordings = 60 years from publication; government works = 60 years from publication.

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India's Copyright Act, 1957 prescribes different durations depending on the type of work:

Literary, Dramatic, Musical, and Artistic Works (Section 22): Duration: Author's lifetime + 60 years from the calendar year following death Examples: novels, poems, plays, song compositions, paintings, drawings, sculptures Note: If multiple authors (joint authorship), the term is calculated from the death of the last surviving author

Anonymous and Pseudonymous Works (Section 23): Duration: 60 years from the calendar year of first publication Note: If the author's identity becomes known during this period, the duration reverts to the standard lifetime + 60 year rule

Posthumously Published Works (Section 24): Duration: 60 years from the calendar year of first publication Applies when a literary, dramatic, or musical work is published after the author's death

Cinematographic Films (Section 26): Duration: 60 years from the calendar year of first publication (first public release) Note: The film as a whole has 60 years; individual contributions (screenplay, music) may have separate copyright terms

Sound Recordings (Section 27): Duration: 60 years from the calendar year of first publication Note: Distinct from musical compositions — the recording copyright belongs to the producer, not the composer

Government Works (Section 17 and Section 28): Duration: 60 years from the calendar year of first publication Note: Government owns copyright in works prepared under its direction by government employees

Works of International Organizations (Section 41): Duration: 60 years from the calendar year of first publication

When copyright expires, the work enters the "public domain." This means anyone can use, reproduce, adapt, translate, perform, or distribute the work without obtaining permission or paying royalties.

Works Currently in the Public Domain in India (as of 2025): Works by authors who died in 1964 or earlier are in the public domain (lifetime + 60 years calculated from start of 1965) Films released in 1964 or earlier Sound recordings published in 1964 or earlier Anonymous works published in 1964 or earlier

Examples of Public Domain Works in India: Writings of Rabindranath Tagore (died 1941) — entered public domain in 2002 Works of Bankim Chandra Chattopadhyay (died 1894) — long in public domain Pre-1965 Bollywood films — public domain Classical musical compositions from deceased composers — public domain

Important Caveat — New Copyright Can Arise: Even if the original work is in the public domain, a new creative adaptation, translation, or expression of that work can receive fresh copyright protection. For example: a new translation of a Tagore novel is copyrighted in the translation (not the underlying text). A new sound recording of a public domain classical composition is copyrighted as a new sound recording.

What You Can Do With Public Domain Works: Republish them freely without permission Create adaptations (films, plays, new editions) Translate them into other languages Use them commercially without royalties

What You Cannot Do: Use a copyrighted edition of a public domain work without that edition's copyright owner's permission. The public domain underlying text is free — but a specific typeset edition may have its own copyright.

Computer programs and software are classified as literary works under Section 2(ffc) of the Copyright Act, 1957. As literary works, software copyright follows the standard literary work duration:

For Individual Developer-Owned Software: Duration: Developer's lifetime + 60 years This applies when a solo developer creates software as their own independent work.

For Employer-Owned Software (Work Made for Hire): When software is created by employees in the course of their employment (Section 17), the employer is the first owner of copyright. Duration: 60 years from the year of first publication.

For Company-Owned Software: When a company funds and directs the creation of software, and copyright is owned by the company (not individual programmers): Duration: 60 years from the year of first publication.

Practical Note for Startups: Most commercial software is owned by companies, not individuals — which means the copyright term is 60 years from publication, not the potentially longer lifetime + 60 years term. For a startup that launches software in 2025, copyright protection extends until 2086.

Why This Matters: For software companies, 60 years of copyright protection is effectively perpetual — most software products are obsolete or superseded well before copyright expires. The more immediate concern is registration for enforcement purposes.

Under Section 38 of the Copyright Act, 1957, performers have special rights in their live and recorded performances — separate from copyright in the underlying music or literary works they perform.

Duration of Performers' Rights: Section 38(2): Performers' rights last for 50 years from the year in which the performance was made, or from the year of first fixation (recording) of the performance, whichever is later.

What Performers' Rights Protect: The right to prevent unauthorized audio or video recording of live performances The right to prevent unauthorized broadcasting of live performances The right to prevent reproduction, adaptation, or distribution of recordings of performances

Who Has Performers' Rights: Singers, musicians, dancers, acrobats, jugglers, conjurers, snake charmers, lecturers, and any person who makes a performance — all have performers' rights.

Performers' Rights vs Sound Recording Copyright: The sound recording copyright (60 years) belongs to the producer who funded and made the recording. The performer's rights (50 years) belong to the artist who performed. Both can coexist in the same recording — a record label owns the recording copyright, but the singer retains performers' rights in their performance.

Moral Rights of Performers (Section 38B): Performers have the right to be identified as the performer of their performance, and the right to object to distortion or mutilation of their performance that damages their reputation. These moral rights persist even after assignment of performers' rights.

Use these examples to calculate when copyright expires for specific works:

Example 1 — Living Author: Author born 1980, still living in 2025. Their works are protected for their full lifetime + 60 years after death. Copyright will not expire until at least 2085+ (assuming death no earlier than 2025 + 60 more years).

Example 2 — Author Who Died Recently: Author died on March 15, 2020. Copyright expires: January 1, 2020 + 60 years = January 1, 2081. (The 60-year count begins from the calendar year following death, i.e., 2021, and runs for 60 years, expiring December 31, 2080, or from January 1, 2081 it is public domain.)

Example 3 — Old Bollywood Film: Film released in 1965. Sound recording and film copyright: 60 years from publication = expired on January 1, 2026. This film and its music are now in the public domain in India.

Example 4 — Corporate Software: Software first published by a company in 2010. Copyright: 60 years from 2010 = expires January 1, 2071.

Example 5 — Anonymous Article: Article published anonymously in 2000. If authorship remains unknown: 60 years from 2000 = expires January 1, 2061. If the author is later identified, the term reverts to their lifetime + 60 years.

Indian vs International Copyright Duration: India: Lifetime + 60 years. Many EU countries and USA: Lifetime + 70 years. This difference means some works that are public domain in India remain under copyright in Europe/USA. Verify the applicable law before using foreign works.