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Copyright Act, 1957


23. Term of copyright in anonymous and pseudonymous works

(I) in the case of a literary, dramatic, musical or artistic work (other than photograph), which is published anonymously, 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 years in which the work is fist published.

Provided that where the identity of the author is disclosed before the expiry of the said period, 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 author dies.

(2) In sub section (1), references to the author shall, in the case of an anonymous work of joint authorship, be construed.-

a. where the identity of one of the author is disclosed, as references to that author,

b. where the identity of more author than one is disclosed, as reference to the author who dies last from amongst such authors.

(3) In such section (1), references to the author shall, in the case of a pseudonymous work of joint authorship, be construed,-

a. where the names of one or more (but not all) of the authors are pseudonymous and his or their identity is not disclosed, as references to the author whose name is not a pseudonym, or, if the names of two or more the authors are not pseudonymous, as references to such of those authors who dies last,

b. where the names of one or more ( but not all) of the authors are pseudonyms and the identity of one or more of them is disclosed, as references to the author who dies last from amongst the authors whose names are not pseudonymous and the authors whose names are pseudonyms and disclosed, and

c. where the names of all the authors are pseudonyms and the identity of one of them is disclosed, as references to the authors whose identity is disclosed or if the identity of two or more of such authors is disclosed, as references to such of those authors who dies last.

Explanation- For the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Copyright Board by that author.



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