Chapter V - Term of Copyright
Section 28A
Section 28A: Term of copyright in works of public undertakings
Section 28A uses a publication-based term where a public undertaking is the first copyright owner.
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Need advice on Section 28A?
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 work, where a public undertaking 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
Confirm the entity qualifies as a public undertaking, establish first ownership and retain proof of first publication.
Employment or funding by an undertaking does not alone settle first ownership; review the Act and the creation or commissioning documents.
Hypothetical example
Hypothetical: a public undertaking first owns and publishes a manual in 2022. Section 28A measures sixty years from 1 January 2023.
Practical steps and evidence
Confirm the public undertaking’s statutory status.
Review commissioning and employment records for first ownership.
Record the work’s first publication year and calculate the term.
Practical checklist
Do
- Confirm the public undertaking’s statutory status.
- Review commissioning and employment records for first ownership.
- Record the work’s first publication year and calculate the term.
Avoid
- Employment or funding by an undertaking does not alone settle first ownership; review the Act and the creation or commissioning documents.
Glossary
- Public undertaking
- An undertaking falling within the Act’s definition for this provision.
- First publication
- The initial publication event used for the statutory term.
Frequently asked questions
Is the author’s death the trigger?
No. Section 28A uses first publication where the public undertaking is first owner.
Does a later reprint restart the term?
The provision refers to the year in which the work is first published.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026