Chapter V - Term of Copyright
Section 28
Section 28: Term of copyright in Government works
Section 28 applies its publication-based term only where the work is a Government work and Government is first copyright owner.
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Need advice on Section 28?
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
In the case of a Government work, where Government is the first owner of the copyright therein, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.
Applicability and limits
Verify both Government-work status and first ownership before applying the sixty-year period from the year after first publication.
Government possession, funding or website hosting alone does not establish the two statutory conditions.
Hypothetical example
Hypothetical: a qualifying Government work is first published in 2020. Its section 28 period starts on 1 January 2021, after checking first ownership.
Practical steps and evidence
Identify the creator, commissioning arrangement and first owner.
Record first publication and its evidence.
Check permissions and any other applicable use conditions.
Practical checklist
Do
- Identify the creator, commissioning arrangement and first owner.
- Record first publication and its evidence.
- Check permissions and any other applicable use conditions.
Avoid
- Government possession, funding or website hosting alone does not establish the two statutory conditions.
Glossary
- Government work
- A work that meets the Act’s Government-work definition.
- First owner
- The person or entity in whom copyright initially vested.
Frequently asked questions
Is every item on a government website covered?
No. Section 28 also requires Government to be the first owner of copyright in a Government work.
Which date starts the period?
The start of the calendar year following first publication.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026