Sections 23-25 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.
Sections 23 and 24 give special terms for works where the usual "author's life plus sixty years" rule in section 22 does not fit: works published without the author's real name, and works published only after the author's death. Section 25, on photographs, is omitted. Writers, estates and publishers handling old manuscripts or pen-name titles should find the dates here; for registering such works, see copyright registration.
Section 23: an anonymous or pseudonymous literary, dramatic, musical or artistic work (other than a photograph, as printed) lasts sixty years from the calendar year after first publication; if the author's identity is disclosed before that period ends, the term becomes sixty years from the calendar year after the author's death. Section 24: a posthumous work lasts sixty years from the calendar year after first publication. Section 25 is omitted (the 2012 Act).
Section 23: anonymous and pseudonymous works
The basic rule, sub-section (1)
"In the case of literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published." The footnote records that "sixty years" replaced "fifty years" (Act 13 of 1992, with effect from 28 October 1991).
The proviso. "Where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the author dies."
| Situation | Period |
|---|---|
| Published anonymously or pseudonymously; identity never disclosed | Sixty years from 1 January after the year of first publication |
| Identity disclosed before that period expires | Sixty years from 1 January after the year of the author's death |
Printed text vs. section 22. Section 23(1) still carries the words "(other than a photograph)", while section 22 had the same words omitted in 2012. The footnote on section 23 records no such omission, so the printed text of section 23(1) still excludes photographs. Section 25, which gave photographs their own term, is omitted. The text we read does not say which term applies to an anonymous photograph. Flag this as a drafting gap and take advice.
Joint works, sub-sections (2) and (3)
For a work of joint authorship, "references to the author" in sub-section (1) are construed as follows.
Anonymous work of joint authorship (sub-section (2)):
| Case | The reference to the author is to |
|---|---|
| (a) Identity of one of the authors is disclosed | That author |
| (b) Identity of more than one author is disclosed | The author who dies last from amongst such authors |
Pseudonymous work of joint authorship (sub-section (3)):
| Case | The reference to the author is to |
|---|---|
| (a) Names of one or more (but not all) are pseudonyms and their identity is not disclosed | The author whose name is not a pseudonym, or, if two or more names are not pseudonyms, the one of those who dies last |
| (b) Names of one or more (but not all) are pseudonyms and the identity of one or more of them is disclosed | The author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed |
| (c) Names of all are pseudonyms and the identity of one is disclosed | The author whose identity is disclosed or, if two or more are disclosed, the one of those who dies last |
(The printed text of (3) says "pseudonyms work" and "who dies last" for several authors; these are slips, and we have read them as "pseudonymous work" and "who dies last".)
Disclosure: the Explanation
"For the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the by that author."
The Tribunals Reforms Act, 2021 substitutes "Commercial Court" for "Appellate Board" in section 23. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". So there are two routes to disclosure: a public disclosure by both author and publisher, or establishing identity to the Commercial Court's satisfaction, which only the author can do.
Example. Shreya Banerjee publishes a thriller under the pen name "R. K. Dutt" in 2020. Without disclosure, copyright runs until sixty years from 1 January 2021. In 2024 she and her publisher announce her identity publicly. The proviso applies: copyright now runs for sixty years from 1 January after the year of her death. If only she announces it and the publisher does not, the text requires her to establish her identity to the Commercial Court's satisfaction.
Section 24: posthumous works
Which works
Sub-section (1) applies to "a literary, dramatic or musical work or an engraving", in which copyright subsists at the date of the author's death (or, for joint authorship, at or immediately before the death of the author who dies last), but "which, or any adaptation of which, has not been published before that date".
The term
"Copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published or, where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year." Sixty years replaced fifty years in 1992 (footnote).
Deemed publication: sub-section (2)
For section 24, a literary, dramatic or musical work or an adaptation "shall be deemed to have been published, if it has been performed in public or if any sound recording made in respect of the work have been sold to the public or have been offered for sale to the public". "Sound recording" was substituted for "record" in 1994 (footnote).
| Event after the author's death | Counts as publication for section 24? |
|---|---|
| First print edition issued | Yes, under the general meaning of publication |
| Public performance of the work | Yes, under sub-section (2) |
| Sound recording sold or offered for sale to the public | Yes, under sub-section (2) |
| Adaptation published in an earlier year | The term runs from the year after that earlier year |
Example. Poet Anand Sharma dies in 2020 leaving an unpublished manuscript. Three years later, in 2023, a theatre performs a dramatised version in public. Sub-section (2) deems the work published, and the sixty years run from 1 January 2024. If the book is printed in 2025, the earlier adaptation year (2023) still fixes the start.
Gap flagged. Section 24(1) lists literary, dramatic and musical works and engravings only. The text does not say what the term is for other artistic works unpublished at death; section 22 speaks of works "published within the lifetime of the author". We flag the gap; check the official text.
Section 25: omitted
The text reads: "25. Term of copyright in photographs. — Omitted by the Copyright (Amendment) Act, 2012 (27 of 2012), s. 13 (w.e.f. 21-6-2012)." Photographs now follow section 22 (the words "other than a photograph" were omitted there), subject to the gap noted above for section 23.
Practical points
- Record the disclosure. For a pen-name work, keep proof of any joint public disclosure by author and publisher.
- Date the first performance and sale. For posthumous works, the earliest performance or sale of a sound recording can start the clock.
- Check earlier adaptations. An adaptation published earlier can pull the start forward.
- Do not assume section 25 exists. Any older document referring to "section 25" on photographs is out of date.
Need help with an old or pen-name work?
Working out the term for a pseudonymous or posthumous work depends on dates of publication, disclosure and death. Our copyright registration team can gather those facts and record the work correctly.
Key takeaways
- Anonymous or pseudonymous works last sixty years from the calendar year after first publication (section 23(1)).
- If the author's identity is disclosed before that period ends, the term becomes sixty years from the calendar year after the author's death.
- Disclosure is by author and publisher together, or established by the author to the Commercial Court's satisfaction; before the Tribunals Reforms Act, 2021 this read "Appellate Board".
- Posthumous works last sixty years from the calendar year after first publication (section 24).
- Section 25 is omitted.
Read next
- Section 22: term of copyright in published works
- Sections 26-29: term for films, sound recordings, Government and other works
- Copyright duration chart: all 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.