Section 22 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 22 is the main term-of-copyright rule: for a literary, dramatic, musical or artistic work published in the author's lifetime, copyright lasts for sixty years counted from the start of the calendar year after the author dies. Most books, songs, paintings and photographs fall under it, unless a later section in Chapter V says otherwise. If you hold or inherit such a work, copyright registration helps you prove ownership during that term.
For a literary, dramatic, musical or artistic work published within the author's lifetime, copyright subsists until sixty years from the beginning of the calendar year next following the year in which the author dies. For a work of joint authorship, the reference to the author is to the author who dies last. The words "except as otherwise hereinafter provided" mean the later sections on anonymous, posthumous, film and other works take priority for those works.
What section 22 says
"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."
| Element | Printed words | Meaning |
|---|---|---|
| Which works | "any literary, dramatic, musical or artistic work" | The four classes in section 13(1)(a) |
| Condition | "published within the lifetime of the author" | Works first published while the author was alive |
| Period | "sixty years" | The printed figure |
| Starting point | "from the beginning of the calendar year next following the year in which the author dies" | The 1 January after the year of death |
| Override | "Except as otherwise hereinafter provided" | Sections 23 to 29 override for their classes |
Two amendments you should know
The footnotes record two changes to the printed section.
- Sixty years. "Sixty years" was substituted for "fifty years" by Act 13 of 1992, with effect from 28 October 1991, as the footnote states.
- Photographs. The words "(other than a photograph)" were omitted from the section by the Copyright (Amendment) Act, 2012, with effect from 21 June 2012, as the footnote states. Section 25, the separate term for photographs, was omitted at the same time. As a result, photographs published in the photographer's lifetime now fall under this section, like other artistic works. The text does not say how the 2012 change applies to photographs published before it; section 22 itself is silent on the point, so do not assume.
The Explanation: joint authorship
"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." A work of joint authorship is one where the contributions are not distinct (section 2(z)). For such a work, the sixty years run from the calendar year after the death of the last surviving author. See our article on joint authorship and copyright ownership.
Worked example
Example. Mahesh Iyer writes a novel published in 2015 and dies on 12 March 2030. The calendar year next following the year of death begins on 1 January 2031. Copyright subsists until sixty years from 1 January 2031, that is, up to the end of 2090. The result does not depend on the day of death within 2030: a death on 2 January and one on 30 December 2030 give the same end point.
If Mahesh had written the novel with a co-author who dies in 2034, the sixty years would run from 1 January 2035, because the author who dies last is the reference point.
| Case | Starting point of the sixty years |
|---|---|
| Single author dies in 2030 | 1 January 2031 |
| Joint authors die in 2030 and 2034 | 1 January 2035 |
| Anonymous or pseudonymous work | Not this section; see section 23 |
| Work unpublished at death | Not this section; see section 24 |
What section 22 does not cover
- Anonymous and pseudonymous works. Section 23.
- Posthumous works. Section 24.
- Cinematograph films and sound recordings. Sections 26 and 27, which run from publication.
- Government works, works of public undertakings and works of international organisations. Sections 28, 28A and 29.
Our articles on sections 23 to 25 and sections 26 to 29 cover those classes. For a quick comparison across classes, see Copyright Duration Chart for all types of works.
How "calendar year" works
Section 2(e) defines "calendar year" as "the year commencing on the 1st day of January". Section 22 therefore always starts the count on 1 January. This also means the sixty years include the whole of the final calendar year; the text does not give an exact end date, and the arithmetic above follows the printed words.
Practical points
- Identify the class. Section 22 applies to the four classes of work, if published within the author's lifetime.
- Find the date of death. Only the year matters; the count begins on the next 1 January.
- For joint works, find the last death. If a co-author's death date is unknown, the end point cannot be fixed with certainty.
- Check whether the work was published in the author's lifetime. If not, section 24 may apply.
- Tax on royalties. Income from a work during its term is dealt with in our income-tax guides, such as royalty income taxation.
Drafting notes
- The section does not use the word "term" in its body; the heading does.
- The section does not say what happens at the end of the term; the text is silent.
- Section 22 is not touched by the Tribunals Reforms Act, 2021 or by the Jan Vishwas Acts.
Need help proving ownership during the term?
Copyright can last for decades after the author's death, and heirs often need documents to prove who owns what. Our copyright registration team can register the work, record its publication facts and help heirs keep the chain of title clear.
Key takeaways
- Section 22 gives sixty years from the beginning of the calendar year after the author's death, for published literary, dramatic, musical and artistic works.
- The work must be published within the author's lifetime.
- For joint authorship, the author who dies last is the reference point.
- Sixty years replaced fifty years (Act 13 of 1992); photographs were brought in by the 2012 omission of the words "other than a photograph".
- Anonymous, posthumous, film, sound recording, Government and similar works have their own sections.
Read next
- Sections 23-25: term for anonymous, pseudonymous and posthumous works
- Sections 26-29: term for films, sound recordings, Government and other works
- Term of copyright: duration for different types of works
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.