Question

Read the following statements and choose the correct option. Under the Copyright Act, 1957: Statement I: In the case of a posthumous literary work, copyright subsists for sixty years from the beginning of the calendar year next following the year in which the work is first published. Statement II: For such works, publication refers to making the work available to the public by issue of copies or by communication to the public.

• A. Both Statements I and II are false
• B. Only Statement II is true
• C. Both Statements I and II are true
• D. Only Statement I is true

Hint:

Copyright for Posthumous works = 60 years after the publication year! It's not based on the author's death, but on the date of publication.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Section 24 of the Copyright Act, 1957, deals with the term of copyright for posthumous works (works published after the author's death).

Step 2: Detailed Explanation:
- Statement I is true: Section 24 prescribes that for posthumous works, the term is 60 years from the year following the first publication.
- Statement II is true: The Act defines "publication" (Section 3) as making a work available to the public by the issue of copies or by communicating it to the public, which applies to how such posthumous terms are calculated.

Step 3: Final Answer:
Both statements correctly state the law. Option (C) is correct.

Answer 2

This question tests two statements about Section 24 of the Copyright Act, 1957 and then asks which combination option correctly reflects their truth. Checking each statement on its own first, and then matching to the options, avoids confusion.

1. Statement I says copyright in a posthumous literary work lasts sixty years from the beginning of the calendar year following first publication. Section 24 fixes exactly this term for works published after the author's death, so Statement I is correct.
2. Statement II says publication, for this purpose, means making the work available to the public by issuing copies or by communicating it to the public. This mirrors the Act's own understanding of what counts as publication, so Statement II is also correct.
3. Option (A), both statements false: This cannot be right, since both statements independently match the statutory position described above.
4. Option (B), only Statement II true: This would require Statement I to be wrong, but the sixty-year term from the year following publication is exactly what Section 24 provides, so this option is incorrect.
5. Option (C), both statements true: Since both statements have been verified independently against the law, this option correctly reflects the position.
6. Option (D), only Statement I true: This would require Statement II to be wrong, but the description of publication given in Statement II is accurate, so this option is incorrect.

Since both statements independently hold up against the statutory text, the combination option confirming both is the correct one.

Therefore, the correct answer is Both Statements I and II are true.