Copyright Act, 1957
24. Term of copyright in posthumous works –
(1) in the case of a literary, dramatic or
musical work or an engraving, in which copyright subsist at the date of the death
of the author or, in the case of any such work of joint authorship, at or
immediately before the date of the death of the author who dies last, but
which, or any adaptation of which, has not been published before that date,
copyright shall subsist until [(Note: Subs. by Act No.13 of 1992, S.2,
w.e.f. 28-12-1991. In this regard S.3 of Act No.13 of 1992 reads: "3.
Copyright not to subsist if term has expired - For the removal of doubts, it is
hereby declared that copyright shall not subsist by virtue of this Act in any
work in which copyright did not subsist immediately before the commencement of
this Act.") sixty years] from the beginning of the calendar year next
following the year in which the work is first published or, where an adaptation
of the work is published in any earlier year, from the beginning of the
calendar year next following that year.
(2) For the purposes of this section f a
literary, dramatic or musical work or an adaptation of any such work shall be
deemed to have been published, if it has been performed in public or if any [(Note:
Subs. by Act 38 of 1994, S.2(xii) (w.e.f. a date to be notified) sound
recordings] made in respect of the work have been sold to the public or have
been offered for sale to the public.