Understanding Copyright Term for Photographs under the 2012 Amendment

The question asks about the term of copyright for photographs as revised by the Copyright (Amendment) Act, 2012. To answer this, we need to look at how the Indian Copyright Act, 1957, dealt with photographs before and after the 2012 amendment.

Copyright Act, 1957 (Before 2012 Amendment)

Before the 2012 amendment, the Copyright Act, 1957, had specific provisions for the term of copyright for different types of works:

• Literary, Dramatic, Musical, and Artistic Works (other than photographs): Generally, the term was 60 years from the beginning of the calendar year next following the year in which the author dies (Section 22).
• Photographs: Specifically, Section 25 of the Act dealt with the term of copyright in photographs. It stated that the term of copyright in a photograph was fifty years from the beginning of the calendar year next following the year in which the photograph was published.

So, prior to the 2012 amendment, photographs had a distinct term of 50 years from publication.

Impact of the Copyright (Amendment) Act, 2012 on Photographs

The Copyright (Amendment) Act, 2012, brought significant changes to the principal Act of 1957. One of the changes related to the term of copyright involved Section 25.

• The 2012 Amendment Act (specifically Section 14) omitted Section 25 of the principal Act.

This means the separate provision that specifically defined the term of copyright for photographs was removed from the Act.

Revised Term for Photographs after the 2012 Amendment

With the omission of Section 25, photographs are no longer treated under a separate term provision. Instead, they fall under the general category of "artistic works" as defined in Section 2(c) of the Act.

Therefore, the term of copyright for photographs is now governed by the general provisions for artistic works:

• Section 22: For most artistic works (including photographs), the term is sixty years from the beginning of the calendar year next following the year in which the author dies. This applies when the author is known and the work is original.
• Section 23: In the case of anonymous or pseudonymous artistic works, the term is sixty years from the beginning of the calendar year next following the year in which the work is first published.

So, effectively, the term of copyright for photographs generally increased from 50 years (from publication) to 60 years (either from the author's death or from publication, depending on the circumstances).

Connecting to the Question and Options

The question asks how the term is "revised to" in case of photographs according to the 2012 Act, and one of the options is "Omitted". Given that the specific Section 25 dealing with the term of copyright for photographs was indeed omitted by the 2012 amendment, "Omitted" accurately describes the fate of that specific provision. While the *effective* term usually became 60 years under other sections, the direct revision *to* the specific photograph section was its removal.

Let's look at the options provided:

1. 10 years: Incorrect. This has never been the term for photographs under the Act.
2. 20 years: Incorrect. This is not the term for photographs.
3. Omitted: This refers to the specific Section 25 dealing with photographs being omitted by the 2012 amendment. This aligns with the change made by the Act.
4. 60 years: While the effective term for photographs generally became 60 years under Sections 22 or 23 after Section 25 was omitted, the question asks how the term was "revised to", and "Omitted" directly describes the legislative action taken on the *specific provision* for photographs. The provided correct answer is "Omitted", focusing on the removal of Section 25.

Therefore, in the context of the provided options and the legislative change, the most accurate description of the revision concerning the specific provision for photographs is that it was omitted.

The 2012 amendment removed the specific section for photographs (Section 25), leading them to be covered by the general rules for artistic works, resulting in a term of 60 years in most cases. However, the specific legislative change regarding the provision *for photographs* was its omission.

Conclusion on Copyright Term Revision

The Copyright (Amendment) Act, 2012, revised the treatment of the copyright term for photographs by omitting the specific Section 25 that previously provided a 50-year term from publication. While the effective term now generally aligns with other artistic works (60 years), the revision concerning the specific provision for photographs was its omission.

Revision Table: Copyright Act Changes 2012

Additional Information on Copyright Term in India

The term of copyright in India varies depending on the type of work and when it was created or published. Understanding these terms is crucial for copyright protection.

• General Rule (Literary, Dramatic, Musical, Artistic Works - except Photographs before 2012): Life of the author plus sixty years. The 60 years are counted from the beginning of the calendar year next following the year of the author's death.
• Cinematograph Films, Sound Recordings, Government Works, Public Undertakings Works, International Organisations Works: Sixty years from the beginning of the calendar year next following the year in which the work is published.
• Anonymous and Pseudonymous Works: Sixty years from the beginning of the calendar year next following the year in which the work is first published. If the author's identity becomes known before the term expires, the term reverts to the life of the author plus sixty years.
• Photographs (after 2012 Amendment): Treated as Artistic Works. Term is generally life of the author plus sixty years (Section 22) or 60 years from publication for anonymous/pseudonymous works (Section 23).

The Copyright (Amendment) Act, 2012, aimed to bring the Indian copyright law in line with international treaties and technological advancements. The omission of Section 25 and the inclusion of photographs under the general artistic works category simplifies the structure regarding terms, although the effective term generally increased.