Page 250 - DLIS001_FOUNDATION_OF_LIBRARY_AND_INFORMATION_SCIENCE

Unit 13: Acts Related to Library Legislation

In case of unpublished work, the author is at the date of making the work a citizen of India Notes
or domiciled in India.

In case of the architectural work of art, the work is located in India.
13.1.3 Term of Copyright

The term of copyright varies according to the nature of the work and whether the author is a
natural person or a legal person e.g. a Corporation, Government Institution, etc., or whether the
work is anonymous or pseudonymous.

In the case of literary, dramatic, musical or artistic work (other than a photograph) when
published during the lifetime of the author, copyright subsists during the lifetime of the
author plus fifty years. This is a universally accepted term.

Where the work is of joint authorship the fifty years period will start after the death of the
author who dies last.
In the case of anonymous or pseudonymous works, the terms of copyright is until fifty
years from the year of publication. If the identity of the author is disclosed before the
expiry of the fifty years period the term will extend to fifty years after the death of the
author.

In the case of posthumous publications, the term will be fifty years from the year of
publication.
The period of copyright for a photograph is fifty years from the year of its publication.
For cinematography film and record also the term is fifty years of publication.

Where the first owner of copyright is the government or a public undertaking the term of
copyright is fifty years from the year of publication.
Copyright works of International Organization also have a term of fifty years from the
year of publication.
Thus, it may be seen that in the case of literary, dramatic, musical or artistic works where the
author is a natural person the term is lifetime plus fifty years. In all other cases, the term “if fifty
years from the years” of publication is used.

13.1.4 Who is the First Owner of Copyright?

The author of the work is the first owner.
In case, the author is employed by newspaper, magazine, etc. under a contract of service,
the proprietor will be the first owner in the absence of an agreement to the contrary in the
case of a literary, dramatic or artistic work.
Where a photograph is taken, or a painting or portrait drawn for a valuable consideration
at the instance of person, such person is the first owner.

Where any address or speech is delivered in public, the person delivering is the first
owner and where it is delivered on behalf of another person such other person is the first
owner.
In case of Government work, Government shall be the first owner.
In case of work made or published by or under any public undertaking, it shall be the first
owner

LOVELY PROFESSIONAL UNIVERSITY 245