Introduction
Imagine you are a musician who has created a song and has spent months forming lyrics, giving it music, and recording it to make it available on various platforms. The moment a song is completed, you have copyright protection over it. Yes, it is an automatic right, unlike a trademark. This does not mean there is no registration process, but it is not mandatory to get the work registered to claim a right over it. This means that copyright is a negative right, i.e., the author of a work has a right to restrain others from copying the work. Section 13 of the Copyright Act of 1957 gives a list of copyrightable works. Now, the question arises of how long you can protect your song from being copied. The Berne Convention for the Protection of Literary and Artistic Works under article 7 sets a minimum protection of life of the author+50 years. In India, Section 22 of the Act lays down the term of protection, which is the life of the author+60 years.
Copyright term: Comparison among different countries
As already mentioned, the duration of the copyright protection is for the life of the creator or the author of the work, plus some additional years.
| Country | Duration |
| India | Life+60 years |
| United States | Life+70 years |
| United Kingdom | Life+ 70 years (If there are multiple authors= life of last author=70 years) |
| Afghanistan | Life+50 years |
| Australia | Life+70 years (In case of death before 1955= life+50 years) |
| Nepal | Life+50 years |
| Iran | Life+50 years |
Statutory Provisions: India
Chapter 5 of The Copyright Act, 1957, from Sections 22 to 29, deals with the term of copyright.
| Section | Description | Term of copyright | Additional notes |
| Section 22 | Term of copyright in published literary, dramatic, musical, and artistic works | Copyright last for 60 years from the beginning of the calendar, year next following the year in which the author dies. | In case of joint authorship, it last until the death of the last surviving author. |
| Section 23 | Term of copyright in anonymous and pseudonymous works | Copyrighted last for 60 years from the beginning of the calendar year next following year in which the work is first published. | If the authors identity is disclosed before the expiration, it last until 60 years from the author’s death. |
| Section 24 | Term of copyright in posthumous works | Copyright last 60 years from the beginning of the calendar year next following the year the work is first published or adapted. | Posthumous works are those published after the author’s death. |
| Section 26 | Term of copyright in cinematographic films | Copyright last for 60 years from the beginning of the calendar year next following the year the film is first published. | Applies to the publication of the cinematographic films. |
| Section 27 | Term of copyright in sound recordings | Copyright last for 60 years from the beginning of the calendar your next following year the sound recording is first published. | Applies to the publication of sound recording. |
| Section 28 | Term of copyright in government works | Copyright last for 60 years from the beginning of the calendar your next following the year the work is first published. | This applies to the works, where the government is the first owner. |
| Section 28A | Term of copyright in works of public undertakings | Copyright last for 60 years from the beginning of the calendar year next following the year the work is first published. | Applies to the works, where the public undertaking is the first owner. |
| Section 29 | Term of copyright in works of international organizations | Copyright last for 60 years from the beginning of the calendar year next following the year the work is published. | Applies to works of international organizations under section 41. |
The role of Copyright registration
Copyright registration is not mandatory for protection in many jurisdictions, as copyright protection is automatically granted to the creator as soon as the work is fixed in a tangible medium. However, registering a copyright can provide several significant advantages. First, it serves as legal evidence of ownership in case of disputes, offering a public record that helps establish the creator’s rights over the work. Additionally, in countries like the United States, registration is required to bring a lawsuit for infringement in federal court and can allow the copyright holder to claim statutory damages and attorney’s fees if the work is infringed upon (U.S. Copyright Office, 2020). In some jurisdictions, registration can also affect the term of copyright protection. For example, in the U.S., registering a work before or within five years of its publication can make the copyright term retroactively enforceable from the date of creation, potentially offering a more substantial claim of protection from the date of creation (Copyright Act, 1976, 17 U.S.C. § 410). In other countries, while the act of registration itself does not alter the length of copyright protection, it can simplify the process of asserting and defending copyright ownership. Thus, registering copyright adds an extra layer of legal security and can streamline enforcement, though the protection itself exists automatically once the work is created.
Duration of license/ Assignment
The rights granted under copyright come with the term. Beyond the storm, the copyrighted work enters the public domain, and it becomes possible for anyone to exploit the work without any license whatsoever. Therefore, the duration of the copyright license can be for the entire term of the copyright or a part of it. Beyond this term, the license, he will be free to use the property, even if the license term exceeds it, as the property falls into the public domain.
However, it is to be noted that copyright terms are not universal in the world. A country may protect copyright for 50 years, while another country may protect it for 70 years. If X is granted a worldwide license for the entire term of copyright, then the term of the license would vary for different jurisdictions.
As per the copyright act, the contract shall specify the duration of the assignment or license. If, however, the contract does not state the term or the duration of the license or agreement, then, as per the law, it shall be deemed to be five years.
Determining the correct duration of a copyright license depends upon its use. Certain uses, such as in films, may require a perpetual license for the entire copyright life of the work. Other uses, like posters or calendars, require a permit for only a short period.
The Impact of Copyright Terms on Creators and Businesses
Extended copyright terms provide significant benefits to creators and businesses by ensuring long-term protection and control over their works. For creators, an extended copyright term allows them or their heirs to maintain exclusive rights to a work for decades, enabling ongoing financial returns from licensing, sales, and other uses of the work (Merges, 2010). This extended protection is particularly valuable in industries such as music, film, and publishing, where works often generate revenue over long periods. Copyright enables creators to commercialize their intellectual property by licensing it for adaptations, merchandise, and performance rights. For businesses, extended copyright terms are crucial for maximizing the economic value of their creative assets, as they can exploit these works across various platforms and markets for many years (Hugenholtz, 2019). The financial impact is substantial—industries like music, film, and publishing rely heavily on copyright protection to maintain their revenue streams. For instance, in the film industry, the exploitation of a movie can continue for decades, with income from syndication, DVD sales, streaming services, and international markets. Similarly, in music, long-term control over sound recordings allows artists and labels to benefit from royalties generated from multiple distribution channels for many years after the work’s initial release (Towse, 2014). Thus, extended copyright terms directly contribute to both the economic sustainability of creative industries and the livelihoods of creators.
Case study: Mickey Mouse
The original Mickey Mouse from the 1928 cartoon film Steamboat Willie is now liberated from copyright as of January 1, 2024, i.e., almost after 95 years. Now, with this, the question arises: “Does that mean Mickey Mouse is in the public domain?” Yes and no. The original rendition of Mickey Mouse from the 1928 film Steamboat Willie is the version that is in the public domain. Disney’s subsequent iterations of Mickey Mouse are not included in the public domain. Hence, people are still prohibited from readily utilizing those, as they are still protected by copyright.
Now that Steamboat Willie is in the public domain, it indicates that Disney will incur revenue losses; however, these losses are unlikely to be substantial, as Disney discontinued the utilization of this version of Mickey from Steamboat Willie several years ago. Disney or Mickey’s reputation could be harmed as a result of Mickey’s new applications from Steamboat Willie. For instance, slightly negative perceptions of Mickey may arise as a consequence of irreverent depictions of Steamboat Willie in contrast to the idealized image. However, I am uncertain whether Disney will experience a substantial economic loss in the same manner as if the company were to lose the current iteration of Mickey Mouse, which is currently earning the company millions of dollars.
Disney has a reputation for vigorously safeguarding its intellectual property. Copyright and trademark protection are afforded to a significant portion of its content. Trademark law is intended to prevent consumer confusion regarding the origin of the work, in contrast to copyright, which serves as an incentive for individuals to generate these works. Therefore, Disney may be subject to a trademark infringement lawsuit if an additional entity develops a product that is similar to Steamboat Willie and is mistakenly identified as Disney’s. In contrast to copyright law, trademark law has the potential to endure indefinitely, thereby providing an additional layer of protection. I suspect that trademark litigation may be pursued in lieu of copyright-related litigation.
There are restrictions regarding trademarks. If the use of another’s mark would result in consumers being confused about the source of the second work, it is prohibited. The consumer perplexity test is subjective and complex. For instance, will individuals be perplexed by the fact that it is Disney-produced if a slasher film of Steamboat Willie is produced? I anticipate that this is not the case; however, who knows?
Conclusion
The duration of copyright protection is an essential factor in safeguarding the creative works of authors, artists, and creators. While copyright automatically protects an original work, its term varies by country, typically extending for the life of the author plus additional years. In India, for instance, the copyright term is set to last for 60 years after the author’s death, as outlined in the Copyright Act of 1957. This term of protection allows the creator and their heirs to benefit financially from the work, but eventually, the work enters the public domain, where it can be used freely.
However, the duration of copyright and licenses is not uniform globally, and different countries may offer varying lengths of protection. This disparity can create challenges in licensing agreements across jurisdictions. When a work enters the public domain, it becomes available for anyone to use, but creators may still face challenges in protecting subsequent versions of their works, as demonstrated in the case of Disney’s Mickey Mouse. While the original 1928 version of Mickey Mouse from “Steamboat Willie” has entered the public domain, newer versions of the character remain under copyright protection, highlighting the complexities of intellectual property law, particularly with respect to copyright and trademark.
In summary, the duration of copyright protection provides a balance between the rights of creators to control and profit from their work and the public’s ability to access and use cultural works over time. Creators and businesses need to navigate the complexities of copyright, license durations, and the global differences in copyright laws to ensure proper protection and commercialization of their intellectual property.
