Commons:Copyright rules by territory/India/sl

Avtorskopravna pravila: India Bližnjica: COM:INDIA
Trajanje
Standardno	Life + 60 years
Fotografije	Create + 50 years (before 1958) Publish + 60 years (after 1957)
Anonimno	Publish + 60 years
Avdiovizualno	Publish + 60 years
Posmrtno	Publish + 60 years
Vlada	Publish + 60 years (sometimes GODL applies)
Drugo
Svoboda panorame	For 3D works
Roki trajajo do konca leta	Yes
Licenčne oznake v Zbirki	{{PD-India}} {{PD-old-auto}} {{PD-anon-auto-1996}} {{PD-India-photo-1958}} {{FoP-India}} {{GODL-India}}
Pogodbe
Bernska konvencija	1. april 1928
Članica STO	1. januar 1995
Datum obnove URAA‌*	1. januar 1996
Pogodba WIPO	25. december 2018
*‌ Delo je v ZDA običajno varovano, če je tovrstno delo upravičeno do avtorskopravnega varstva v ZDA, objavljeno po 31. decembru 1928 in na dan URAA varovano v državi izvora.

This page provides an overview of copyright rules of India relevant to uploading works into Wikimedia Commons. Note that any work originating in India must be in the public domain, or available under a free license, in both India and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from India, refer to the relevant laws for clarification.

Background

In the 19th century most of India came under direct or indirect British rule apart from small French and Portuguese enclaves. The country gained independence in 1947, partitioned between modern India and Pakistan. The princely states were quickly absorbed. French India was transferred to India between 1950 and 1954, and Portuguese India was annexed in 1961.

India has been a member of the Berne Convention since 1 April 1928, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty effective 25 December 2018.

The Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012) repealed the The Indian Copyright Act, 1914, which was based on the Copyright Act of 1911 of the United Kingdom.^{[1957-2012 Section 79(1)]} It was not retroactive, so did not reinstate copyright in any work in which copyright did not subsist when it commenced.^{[1957-2012 Section 79(3)]}

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012) as the main IP law enacted by the legislature of India. WIPO holds the text of this law in their WIPO Lex database.

A Hand Book of Copyright Law, published by the Government of India, is also relevant.

Durations

Under the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012),

• All durations are calculated from the start of the calendar year that follows the event on which the duration is calculated (e.g. from the beginning of the calendar year next following the year in which the author dies or the work is first published.)
• Except as otherwise provided, copyright subsists in any literary, dramatic, musical or artistic work published within the lifetime of the author until 60 years after the author's death.^{[1957-2012 Section 22]}
  • Works by authors who died before 1941 entered the public domain after 50 years and copyright has not been restored.
  • 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.^{[1957-2012 Section 22]}

• With a literary, dramatic, musical or artistic work (other than a photograph) which is published anonymously or pseudonymously, copyright subsists for 60 years from the year in which the work is first published: Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until 60 years from the year in which the author dies.^{[1957-2012 Section 23(1)]}
• With a literary, dramatic or musical work or an engraving in which copyright subsists at the date of the death of the author ... but which ... has not been published before that date, copyright shall subsist until 60 years from the year in which the work is first published...^{[1957-2012 Section 24(1)]}

• The term of copyright in photographs was omitted by the Copyright (Amendment) Act, 2012 (No. 027 of 2012).^{[1957-2012 Section 25]} A photograph is considered an artistic work in this version of the Act.^{[1957-2012 Section 2(c)(i)]}
  • Photographs were formerly protected for 50 years after creation (for creation before 1958), and for 60 years after publication (for publication after 1957).
• With a cinematograph film, copyright subsists until 60 years from the year in which the film is published.^{[1957-2012 Section 26]}
• With a sound recording copyright subsists until 60 years from the year in which the sound recording is published.^{[1957-2012 Section 27]}

• With a Government work, where Government is the first owner of the copyright, copyright subsists until 60 years from the year in which the work is first published.^{[1957-2012 Section 28]} A work is a Government work if it is made or published by or under the direction or control of (1) the Government or any of its departments, (2) any Legislature in India; or (3) any court, tribunal or other judicial authority in India.^{[1957-2012 Section 2(k)]}
• With a work where a public undertaking is the first owner of the copyright therein, copyright subsists until 60 years from the year in which the work is first published.^{[1957-2012 Section 28A]} A public undertaking is (1) an undertaking owned or controlled by the Government, (2) a Government company as defined in section 617 of the Companies Act 1956 of India, or (3) a body corporate established by or under any Central, Provincial or State Act.^{[1957-2012 Section 17(dd)]}

Oznake avtorskih pravic

Bližnjica

• COM:TAG India

Poglej tudi: Commons:Oznake avtorskih pravic

• {{PD-India}} – slike in zvoki iz Indije so v javni domeni 60 let po koncu leta prve objave za anonimna in vladna dela ter nekaj drugih kategorij, pod pogojem, da ni z avtorskimi pravicami zaščiten tudi fotorafirani ali posneti predmet. Sicer avtorske pravice pretečejo 60 let po avtorjevi smrti.
• {{PD-India-photo-1958}} – fotografije, ustvarjene pred letom 1958, vstopijo v javno domeno 50 let po ustvaritvi.

• {{PD-India-URAA}} – For work that is public domain in the United States because it was first published in India (and not published in the U.S. within 30 days) and it was first published before 1978 without complying with U.S. copyright formalities or after 1978 without copyright notice and it was in the public domain in its home country India on the URAA date January 1, 1996.
• {{EdictGov-India}} – slike, dane v javno uporabo po ameriškem Zakonu o pravici do obveščenosti. Običajno gre za spletišča s končnico *.gov.in in *.nic.in.
• Works by the Government of India can be uploaded under {{GODL-India}} (central government only, not state governments).

• {{PD-TamilGov}} – Work in the public domain because it was nationalized by Tamil Nadu Government and released into the Public Domain.

Currency

Bližnjica

• COM:CUR India

Poglej tudi: Commons:Currency

OK The Indian government holds the copyright of the images of most denominations of Indian currency, including the ₹1 note, but reproduction is permitted. Please use {{GODL-India}}.

Freedom of panorama

Bližnjica

• COM:FOP India

Poglej tudi: Commons:Freedom of panorama

•  . For 3D (architecture and sculptures) {{FoP-India}},
•   . For copyrighted 2D (paintings, drawings, maps, pictures, engravings, etc.)

Under the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012), the following acts shall not constitute an infringement of copyright:^{[1957-2012 Section 52]}

• The making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;^{[1957-2012 Section 52(s)]}
• The making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;^{[1957-2012 Section 52(t)]}

  Section 2(c)(iii) reads "any other work of artistic craftsmanship;".^{[1957-2012 Section 2(c)(iii)]} Paintings, drawings, or photographs fall under Section 2(c){i).^{[1957-2012 Section 2(c)(i)]}

• The inclusion in a cinematograph film of (i) any artistic work permanently situate in a public place or any premises to which the public has access;^{[1957-2012 Section 52(u)]}

Case/s

• The Daily Calendar Supplying ... vs The United Concern on 16 January, 1964, by J. Ramakrishnan (by Indian Kanoon)

Indian law is modelled on UK law, and in the scarcity of more specific case laws to the contrary it is reasonable to assume that the rules will be similar. See COM:FOP United Kingdom for more details.

Stamps

Poglej tudi: Commons:Stamps

: Stamps are now covered under {{GODL-India}}. In addition, all Indian stamps older than 60 years are in the public domain. See en.wikipedia discussion here and here.

Use either {{GODL-India}} or {{PD-India}} where appropriate. Material issued by the Government of India before independence may be covered by {{PD-UKGov}}.

Threshold of originality

Bližnjica

• COM:TOO India

Poglej tudi: Commons:Threshold of originality

India seems to have a similar threshold of originality as the US Courts, called Modicum of Creativity. Older cases may have similar thresholds of originality to the UK Courts called Sweat of the brow but this is no longer applied. Robbin Singh has written an essay on the subject that may be useful.

See also

• India
• Category:Indian FOP cases
• Category:License tags of India
• Category:Stamps of India
• s:en:Indian Copyright Law (Wikisource)

Citations

Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. Poglej tudi: Commons:Splošna zavrnitev odgovornosti