Chapter V - Term of Copyright
Section 22
Section 22: Term of copyright in published literary, dramatic, musical and artistic works
Section 22 measures the term for specified works published during the author’s lifetime from the next calendar year after death.
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Need advice on Section 22?
This article is for general information. Refer to the Copyright Act, 1957 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work published within the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies.
Explanation.— In this section 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.
Applicability and limits
Identify the work class, confirm lifetime publication and establish the author’s death year. For joint authorship, use the year in which the last surviving author died.
The opening words preserve other term provisions. A film, sound recording, posthumous work or anonymous work needs its own section checked.
Hypothetical example
Hypothetical: the last of two joint authors dies in 2030 after lifetime publication. The sixty-year period starts on 1 January 2031; confirm the exact work and other applicable provisions.
Practical steps and evidence
Classify the work and locate first-publication evidence.
Verify authorship and death records, including all joint authors.
Calculate from the next calendar year and check other term provisions.
Practical checklist
Do
- Classify the work and locate first-publication evidence.
- Verify authorship and death records, including all joint authors.
- Calculate from the next calendar year and check other term provisions.
Avoid
- The opening words preserve other term provisions. A film, sound recording, posthumous work or anonymous work needs its own section checked.
Glossary
- Joint authorship
- A work created by multiple authors, with the last-deceased author relevant to section 22.
- Calendar-year rule
- The sixty-year count begins at the start of the year after the relevant death year.
Frequently asked questions
Does the sixty-year clock start on the death date?
No. It begins at the start of the next calendar year.
Which death matters for joint authors?
The explanation uses the author who dies last.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026