Page 40 - Copyright 101_latest

CREA TIVEFIRST COPYRIGHT 101

A work falls in public domain when the term of the copyright in such work
expires or the author relinquishes his copyright in such work. Usage of such
public domain works would not amount to copyright infringement. For
instance, adaptation of certain plays of Shakespeare which are now in public
domain, is permissible.

However, please note the following:

Term of copyright in a cinematograph lm and sound recording is for 60
years from the beginning of the calendar year following the year of rst
publication, whereas term of copyright in the underlying works subsists for
the entire duration of the lifetime of the author and continues for 60 years
from the beginning of the calendar year following the year of the death of
the author. Therefore, if a lm/ song is in public domain, the term of
copyright in the underlying works may still subsist and may not
have expired.

To exhibit a lm which is in public domain, as per Section 52(1)(y) would
not amount to copyright infringement of underlying works

However, with respect to public domain songs (i.e., sound recording
without visuals), if the term of copyright in the underlying works (publish-
ing rights) has not expired then separate publishing rights license would
be required to be procured from the owner of such rights.

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