Commons:Copyright rules by territory/India
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Copyright rules: India Shortcut: COM:INDIA | |
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| Durations | |
|---|---|
| Standard | Life + 60 years |
| Photograph |
Create + 50 years (before 1958) Publish + 60 years (after 1957) |
| Anonymous | Publish + 60 years |
| Audiovisual | Publish + 60 years |
| Posthumous | Publish + 60 years |
| Government | Publish + 60 years (sometimes GODL applies) |
| Other | |
| Freedom of panorama | For 3D works |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-India}} {{PD-old-auto}} {{PD-anon-auto-1996}} {{PD-India-photo-1958}} {{FoP-India}} {{GODL-India}} |
| ISO 3166-1 alpha-3 | IND |
| Treaties | |
| Berne convention | 1 April 1928 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 25 December 2018 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of India relevant to uploading works into Wikimedia Commons. Note that any work originating in India must be in the public domain, or available under a free license, in both India and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from India, refer to the relevant laws for clarification.
Background
In the 19th century most of India came under direct or indirect British rule apart from small French and Portuguese enclaves. The country gained independence in 1947, partitioned between modern India and Pakistan. The princely states were quickly absorbed. French India was transferred to India between 1950 and 1954, and Portuguese India was annexed in 1961.
India has been a member of the Berne Convention since 1 April 1928, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty effective 25 December 2018.[1]
The Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012) repealed the The Indian Copyright Act, 1914, which was based on the Copyright Act of 1911 of the United Kingdom.[1957-2012 Section 79(1)] It was not retroactive, so did not reinstate copyright in any work in which copyright did not subsist when it commenced.[1957-2012 Section 79(3)]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012) as the main IP law enacted by the legislature of India.[1] WIPO holds the text of this law in their WIPO Lex database.[2][3]
A Hand Book of Copyright Law, published by the Government of India, is also relevant.[4]
Durations
Under the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012),
- All durations are calculated from the start of the calendar year that follows the event on which the duration is calculated (e.g. from the beginning of the calendar year next following the year in which the author dies or the work is first published.)
- Except as otherwise provided, copyright subsists in any literary, dramatic, musical or artistic work published within the lifetime of the author until 60 years after the author's death.[1957-2012 Section 22]
- Works by authors who died before 1941 entered the public domain after 50 years and copyright has not been restored.
- The reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.[1957-2012 Section 22]
- With a literary, dramatic, musical or artistic work (other than a photograph) which is published anonymously or pseudonymously, copyright subsists for 60 years from the year in which the work is first published: Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until 60 years from the year in which the author dies.[1957-2012 Section 23(1)]
- With a literary, dramatic or musical work or an engraving in which copyright subsists at the date of the death of the author ... but which ... has not been published before that date, copyright shall subsist until 60 years from the year in which the work is first published...[1957-2012 Section 24(1)]
- The term of copyright in photographs was omitted by the Copyright (Amendment) Act, 2012 (No. 027 of 2012).[1957-2012 Section 25] A photograph is considered an artistic work in this version of the Act.[1957-2012 Section 2(c)(i)]
- Photographs were formerly protected for 50 years after creation (for creation before 1958), and for 60 years after publication (for publication after 1957).
- With a cinematograph film, copyright subsists until 60 years from the year in which the film is published.[1957-2012 Section 26]
- With a sound recording copyright subsists until 60 years from the year in which the sound recording is published.[1957-2012 Section 27]
- With a Government work, where Government is the first owner of the copyright, copyright subsists until 60 years from the year in which the work is first published.[1957-2012 Section 28] 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.[1957-2012 Section 2(k)]
- With a work where a public undertaking is the first owner of the copyright therein, copyright subsists until 60 years from the year in which the work is first published.[1957-2012 Section 28A] 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.[1957-2012 Section 17(dd)]
Copyright tags
See also: Commons:Copyright tags
- {{PD-India}} – India public domain images and sounds, 60 years after the end of the year of first publication for anonymous and government works and a few other categories, provided that the subject matter of the photo or recording is also not protected by copyright. Otherwise public domain 60 years after the author's death.
- {{PD-India-photo-1958}} – Photographs created before 1958 are in the public domain 50 years after creation.
- {{PD-India-URAA}} – For work that is public domain in the United States because it was first published in India (and not published in the U.S. within 30 days) and it was first published before 1978 without complying with U.S. copyright formalities or after 1978 without copyright notice and it was in the public domain in its home country India on the URAA date January 1, 1996.
- {{EdictGov-India}} – For edicts of the Government of India whose copyright have not expired. Subject to restrictions, these include laws, judgements, and Reports on the Table of the Legislature.
- {{Indian navy}} – For works from the Indian Navy.
- {{Indian Army}} – For works from the Indian Army.
- Works by the Government of India can be uploaded under {{GODL-India}} (central government only, not state governments). (under discussion, see template talk page).
- {{PD-TamilGov}} – Work in the public domain because it was nationalized by Tamil Nadu Government and released into the Public Domain.
Currency
See also: Commons:Currency
OK The Indian government holds the copyright of the images of most denominations of Indian currency, including the ₹1 note, but reproduction is permitted. Please use {{GODL-India}}.
Freedom of panorama
See also: Commons:Freedom of panorama
- OK. For 3D (architecture and sculptures) {{FoP-India}},
Not OK. For copyrighted 2D (paintings, drawings, maps, pictures, engravings, etc.)
Under the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012), the following acts shall not constitute an infringement of copyright:[1957-2012 Section 52]
- The making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;[1957-2012 Section 52(s)]
- The making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;[1957-2012 Section 52(t)]
- Section 2(c)(iii) reads "any other work of artistic craftsmanship;".[1957-2012 Section 2(c)(iii)] Paintings, drawings, or photographs fall under Section 2(c){i).[1957-2012 Section 2(c)(i)]
- 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;[1957-2012 Section 52(u)]
- Case/s
- The Daily Calendar Supplying ... vs The United Concern on 16 January, 1964, by J. Ramakrishnan (by Indian Kanoon)
Indian law is modelled on UK law, and in the scarcity of more specific case laws to the contrary it is reasonable to assume that the rules will be similar. See COM:FOP United Kingdom for more details.
Stamps
See also: Commons:Stamps
: Stamps are now covered under {{GODL-India}}. In addition, all Indian stamps older than 60 years are in the public domain. See en.wikipedia discussion here and here.
Use either {{GODL-India}} or {{PD-India}} where appropriate. Material issued by the Government of India before independence may be covered by {{PD-UKGov}}.
Threshold of originality
See also: Commons:Threshold of originality
India seems to have a similar threshold of originality as the US Courts, called Modicum of Creativity. Older cases may have similar thresholds of originality to the UK Courts called Sweat of the brow but this is no longer applied. Robbin Singh has written an essay on the subject that may be useful.[5]
See also
Citations
- ↑ a b India Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012). India (2012). Retrieved on 2018-11-08.
- ↑ Copyright Act, 1957: Act No. 14 of 1957. India. Retrieved on 2019-01-26.
- ↑ A Hand Book of Copyright Law. India. Retrieved on 2019-01-26.
- ↑ Robbin Singh. Understanding The Concept Of Originality Under Copy Right Law In India. International Monthly Journal. Retrieved on 2019-03-22.