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Chapter V - Term of Copyright

Section 26

Section 26: Term of copyright in cinematograph films

Section 26 sets the film copyright term using the year of publication, not the producer’s death.

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Need advice on Section 26?

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.

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Statutory text

Bare law

In the case of a cinematograph film, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the film is published.

Applicability and limits

Confirm that the asset is a cinematograph film and document its publication year before calculating the statutory period.

Separate underlying scripts, music or artistic works can have different owners and terms; this section addresses the film copyright.

Hypothetical example

Hypothetical: a film first published in 2025 has its sixty-year section 26 period measured from 1 January 2026.

Practical steps and evidence

Retain proof of film publication.

Identify film rights separately from music, screenplay and other works.

Calendar the period from 1 January of the following year.

Practical checklist

Do

  • Retain proof of film publication.
  • Identify film rights separately from music, screenplay and other works.
  • Calendar the period from 1 January of the following year.

Avoid

  • Separate underlying scripts, music or artistic works can have different owners and terms; this section addresses the film copyright.

Glossary

Cinematograph film
The film subject matter to which section 26 applies.
Publication year
The year in which the film is published for the statutory term calculation.

Frequently asked questions

Is the producer’s death year used?

No. Section 26 uses the year in which the film is published.

Does one film licence automatically cover soundtrack copyright?

No. Check the relevant underlying rights and licence scope separately.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026