Term of copyright and registration
Section 22 of the Copyright Act, 1957 protects literary, dramatic, musical, and artistic works for the
author’s lifetime plus 60 years from the beginning of the calendar year following death. Cinematograph
films and sound recordings are protected for 60 years from publication (Sections 26-27). Registration with the
Copyright Office under Sections 44-45 is optional -- copyright protection arises automatically on creation --
but registration provides useful prima facie evidence of ownership if the work is later litigated. For NRI
authors, artists, and software developers whose work touches India -- published there, created for an Indian
client, or co-authored with someone in India -- registering with the Copyright Office, which now accepts
entirely online filing, is a relatively low-cost way to create an official record before a dispute arises,
even though it is not a precondition for protection itself.
Moral rights -- Section 57
Independently of the economic copyright (which can be assigned or licensed away), Section 57 preserves the
author’s moral rights: the right to claim authorship of the work, and the right to restrain or claim
damages for distortion, mutilation, or modification of the work that would be prejudicial to the author’s
honour or reputation. These rights survive assignment of the copyright itself and can be enforced by legal
representatives even after the author’s death.
Fair dealing exceptions -- Section 52
Section 52 lists uses that do not infringe copyright, including fair dealing for private use or research,
criticism or review, and reporting current events, as well as specific exceptions for judicial proceedings,
classroom teaching, and -- added by the Copyright (Amendment) Act, 2012 -- reproduction and adaptation for the
benefit of persons with disabilities, a landmark accessibility-focused change. Infringement carries both civil
remedies (injunction, damages, delivery-up under Sections 55-58) and criminal remedies under Section 63
(imprisonment of six months to three years, fine of ₹50,000 to ₹2,00,000), with police empowered
under Section 64 to seize infringing copies without a warrant. NRIs who discover their published work, music,
or software being copied or distributed without authorization within India can pursue these civil remedies
through an India-based advocate, including John Doe-style injunctions against unidentified infringers where
the infringement is occurring across multiple unknown websites or platforms simultaneously.
