Posthumous Copyright in the Digital Age: Do Indian Authors Retain Control Over Their Works After Death? - Legal Service India

Introduction

Copyright is not merely a legal mechanism for economic reward; it is a recognition of the intellectual, creative, and personal labour invested by an author in the creation of a literary work. A book, article, or any form of written expression carries within it the author’s originality, personality, and worldview. For this reason, copyright law across jurisdictions has traditionally sought to protect authors not only during their lifetime but also for a defined period after their death, thereby acknowledging the enduring value of creative works.

In India, the Copyright Act, 1957 provides posthumous protection to literary works for sixty years after the death of the author. This protection enables legal heirs to exercise economic rights and safeguards the moral interests of the author beyond their lifetime. The underlying assumption of this legal framework, however, is rooted in a traditional publishing model—one in which books had limited circulation, finite commercial relevance, and physical boundaries. Such assumptions no longer hold true in the contemporary digital environment.

The digital age has fundamentally transformed the creation, dissemination, and preservation of literary works. E-books, audiobooks, online repositories, and digital marketplaces have ensured that literary works remain perpetually accessible and commercially exploitable long after the author’s death. Unlike physical copies, digital works do not deteriorate or disappear with time. Instead, they continue to circulate indefinitely, often across multiple jurisdictions and platforms. This permanence has introduced complex challenges concerning control, attribution, modification, and commercialization of works after the author’s demise.

Further, the emergence of artificial intelligence technologies has added a new dimension to posthumous copyright concerns. AI-driven tools are increasingly capable of summarizing, translating, rewriting, and adapting literary works, sometimes without adequate attribution or respect for the original author’s intent. Such practices raise serious questions regarding the protection of moral rights after death, particularly the right to integrity and the right to authorship—rights that are central to an author’s dignity and reputation.

Despite these developments, Indian copyright law remains largely silent on the specific challenges posed by digital permanence and technological intervention. While statutory provisions exist to protect posthumous rights in theory, their practical effectiveness in the digital ecosystem remains uncertain. Legal heirs often lack the means to monitor or regulate online exploitation, and contractual arrangements with digital platforms frequently dilute posthumous control.

This article argues that although Indian copyright law formally recognises posthumous protection, it is increasingly inadequate in addressing the realities of the digital age. By examining the conceptual foundations of posthumous copyright, international legal approaches, domestic statutory provisions, and judicial interpretations, this paper seeks to highlight the gaps in the existing framework and proposes the need for a more robust and technologically responsive legal regime to protect authors’ rights, dignity, and legacy after death.

Definitions and Conceptual Foundations

For a meaningful analysis of posthumous copyright in the digital age, it is essential to clarify certain foundational concepts. These concepts form the theoretical and legal basis upon which posthumous protection of authors’ works rests and help in understanding the gaps that emerge when traditional copyright doctrines are applied to contemporary digital realities.

What Is “Posthumous Copyright”?

Posthumous copyright refers to the continuation of copyright protection after the death of the author, enabling legal heirs or assignees to exercise rights over the author’s work for a statutorily defined period. Unlike ordinary property, copyright is rooted in intellectual creativity and therefore carries both economic and personal dimensions.

In India, posthumous copyright serves two primary purposes. First, it ensures that the economic benefits arising from the author’s work continue to support the author’s family or legal representatives. Second, it preserves the author’s intellectual legacy by preventing unauthorized exploitation or distortion of the work after death.

However, posthumous copyright is not merely about financial gain. It is equally concerned with maintaining the integrity, authorship, and dignity associated with a creative work—concerns that become particularly significant in the digital environment, where works can be reproduced, modified, and redistributed endlessly.

Economic Rights After the Death of the Author

Economic rights constitute the commercial aspect of copyright and include the rights of reproduction, publication, adaptation, translation, and communication of the work to the public. After the author’s death, these rights vest in the legal heirs or assignees for the period prescribed under law.

In the digital age, economic rights assume an expanded scope. Literary works continue to generate revenue through:

E-books and audiobooks
Online licensing and subscriptions
Digital libraries and archives
Adaptations across multimedia platforms

The perpetual availability of digital content often results in continuous monetization, raising questions about whether the existing legal framework adequately equips heirs to control and manage such exploitation.

Moral Rights of Authors

Moral rights reflect the personal and non-economic bond between an author and their work. These rights are traditionally understood to include:

The right to claim authorship of the work; and
The right to protect the integrity of the work against distortion, mutilation, or modification prejudicial to the author’s honour or reputation.

Unlike economic rights, moral rights are closely tied to the personality and dignity of the author. Indian copyright law recognises that moral rights survive the death of the author and may be enforced by legal representatives. This recognition highlights that authorship is not extinguished upon death and that the author’s identity continues to be associated with the work.

In the digital context, moral rights are increasingly vulnerable. Unauthorized edits, algorithmic summaries, and AI-generated adaptations may significantly alter the original expression, thereby undermining the author’s intent and reputation.

Digital Authorship and Permanence of Creative Works

Digital authorship differs fundamentally from traditional authorship in terms of permanence and reach. Once a literary work enters the digital ecosystem, it becomes:

Perpetually accessible;
Easily reproducible at negligible cost; and
Capable of global dissemination within seconds.

This permanence creates a situation where an author’s work effectively outlives not only the author but also the legal and technological frameworks originally designed to regulate it. As a result, posthumous copyright protection must contend with challenges that were unimaginable at the time when most copyright statutes were drafted.

Posthumous Dignity and Intellectual Legacy

Posthumous copyright is closely connected to the concept of dignity after death. An author’s work often represents a lifetime of intellectual effort and creative expression. Allowing such work to be freely distorted, misattributed, or commercially exploited without safeguards risks reducing authorship to a purely economic transaction.

Protecting posthumous copyright, therefore, is not only a matter of legal compliance but also one of cultural responsibility. It ensures that authors are remembered and represented in a manner consistent with their creative intent, even in an era dominated by digital technologies and automated content generation.

International Legal Sources

The protection of authors’ rights after death is not confined to domestic legal systems alone. International copyright law has long recognised that creative works constitute an integral part of cultural heritage and that authorship deserves respect beyond mere economic considerations. Although international instruments do not always expressly use the term “posthumous copyright,” their principles provide a normative framework for the protection of authors’ economic and moral interests even after death.

International Treaties

Berne Convention for the Protection of Literary and Artistic Works, 1886[1]
The Berne Convention forms the cornerstone of international copyright law. Article 6bis expressly recognises the moral rights of authors, including the right to claim authorship and the right to object to any distortion, mutilation, or modification of the work prejudicial to the author’s honour or reputation. Significantly, these moral rights survive the death of the author and may be exercised by legal representatives, thereby laying a strong foundation for posthumous protection at the international level.
WIPO Copyright Treaty, 1996[2]
The WIPO Copyright Treaty addresses challenges posed by digital technologies and obliges member states to provide effective legal remedies against unauthorised digital reproduction and communication of copyrighted works. While the Treaty does not explicitly deal with posthumous copyright, its emphasis on digital rights management and technological protection measures is directly relevant to protecting authors’ works after death in the online environment.
Universal Declaration of Human Rights, 1948[3]
Article 27 of the Universal Declaration of Human Rights recognises the right of every individual to the protection of the moral and material interests resulting from any scientific, literary, or artistic production. This provision elevates copyright protection to the level of a human right and supports the argument that authors’ moral and economic interests deserve protection even beyond their lifetime.

Declarations and Soft Law Instruments

WIPO Policy Recommendations and Reports[4]
The World Intellectual Property Organization has consistently highlighted the vulnerability of authors’ rights in the digital environment. WIPO policy documents stress the need to protect moral rights against misattribution, distortion, and technological misuse—concerns that become particularly acute after the author’s death.
UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 2005
This Convention recognises cultural expressions, including literary works, as part of humanity’s shared heritage. It emphasises the responsibility of states to preserve and promote cultural diversity, indirectly supporting the need for posthumous protection of authors’ creative works.

Comparative International Jurisprudence

France
French copyright law treats moral rights as perpetual, inalienable, and imprescriptible. Even after the expiry of economic rights, the author’s moral rights continue indefinitely and may be enforced by heirs. This approach reflects a strong commitment to preserving authors’ dignity and creative intent beyond death.[5]
Germany
German copyright law recognises the enduring personal relationship between the author and the work and provides robust protection against distortion and misrepresentation, including after the author’s death.[6]
European Union
The European Union copyright framework increasingly addresses digital dissemination and technological manipulation of creative works. EU jurisprudence emphasises balancing freedom of expression with respect for authorship and integrity, offering valuable guidance for addressing posthumous copyright in the digital age.[7]

Relevance of International Norms to the Indian Context

Although international treaties and conventions are not directly enforceable in India unless incorporated into domestic law, Indian courts frequently rely on international norms for interpretative guidance. As a signatory to major international copyright instruments, India is under an obligation to harmonise its domestic copyright framework with evolving global standards. These international principles provide persuasive authority for strengthening posthumous copyright protection, particularly in addressing challenges arising from digital permanence and artificial intelligence–driven exploitation.

Domestic Legal Framework and Case Law: India

The protection of posthumous copyright in India is primarily governed by statutory provisions under the Copyright Act, 1957, as interpreted and developed through judicial pronouncements. While the Act recognises both economic and moral rights of authors beyond their lifetime, the extent to which these rights remain effective in the digital environment requires closer examination.

STATUTORY FRAMEWORK UNDER THE COPYRIGHT ACT, 1957

Section 14 – Meaning of Copyright
Section 14 of the Copyright Act defines copyright as a bundle of exclusive rights vested in the copyright holder. These include the rights of reproduction, publication, adaptation, translation, and communication of the work to the public. After the death of the author, these economic rights vest in the legal heirs or assignees for the prescribed duration.[8]
Section 22 – Term of Copyright
Section 22 provides that copyright in literary works subsists for sixty years after the death of the author, calculated from the beginning of the calendar year following the author’s death. This provision reflects the legislative intent to ensure that authors’ works continue to benefit their families and successors while eventually entering the public domain.[9]
Section 57 – Author’s Moral Rights
Section 57 recognises the author’s moral rights, including the right to claim authorship and the right to restrain or claim damages for any distortion, mutilation, or modification of the work prejudicial to the author’s honour or reputation. Significantly, Indian courts have interpreted this provision to mean that moral rights survive the death of the author and may be exercised by legal representatives.[10]

JUDICIAL INTERPRETATION AND CASE LAW

Amarnath Sehgal v. Union of India[11]
In this landmark case, the Delhi High Court held that moral rights are independent of economic rights and are deeply connected to the personality and dignity of the author. The Court observed that an author’s right to protect the integrity of his work does not cease upon the transfer of economic rights and survives even after the author’s death. This judgment provides strong judicial support for posthumous moral rights under Indian law.
Citation: 2005 (30) PTC 253 (Del)
Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd.[12]
The Delhi High Court in this case emphasised the importance of protecting an author’s work from unauthorised adaptation. The Court recognised that alterations to a literary work without the author’s consent could amount to a violation of moral rights, thereby reinforcing the relevance of such rights even beyond the author’s lifetime.
Citation: AIR 1987 Del 13
Eastern Book Company v. D.B. Modak[13]
The Supreme Court clarified the standard of originality under Indian copyright law, holding that copyright protection requires a minimal degree of creativity. This judgment has significant implications for digital adaptations and AI-generated derivative works, as it delineates the boundary between permissible use and infringement.
Citation: (2008) 1 SCC 1

APPLICATION OF INDIAN LAW TO DIGITAL WORKS

Indian copyright law was drafted at a time when digital dissemination was minimal. Consequently, statutory provisions do not expressly address issues such as perpetual online availability, AI-generated modifications, or algorithmic summarisation of literary works. While courts have attempted to adapt existing doctrines to new technologies, the absence of clear legislative guidance has resulted in uncertainty regarding the scope of posthumous control in the digital environment.

Legal heirs often face practical difficulties in monitoring digital platforms, enforcing moral rights online, and preventing unauthorised exploitation across jurisdictions. These challenges reveal a significant gap between the formal recognition of posthumous rights and their effective enforcement in practice.

GAPS IN LEGAL PROTECTION AND IMPLEMENTATION

Despite the existence of statutory provisions and judicial recognition of posthumous copyright in India, significant gaps remain in the protection and enforcement of authors’ rights after death, particularly in the digital environment. These gaps expose authors’ works to misuse, distortion, and unchecked commercial exploitation, thereby undermining both economic and moral interests.

LACK OF DIGITAL-SPECIFIC LEGISLATION

The Copyright Act, 1957 was enacted in a pre-digital era and does not contain explicit provisions addressing challenges such as perpetual online availability, algorithmic content generation, or artificial intelligence–driven adaptations. While traditional copyright principles continue to apply, their extension to digital contexts often relies on judicial interpretation rather than legislative clarity.

As a result, there is uncertainty regarding the extent to which posthumous rights can be enforced against digital platforms and AI-based technologies that modify or repurpose literary works without meaningful oversight.
Source: https://www.indiacode.nic.in/handle/123456789/1589

WEAK ENFORCEMENT OF MORAL RIGHTS IN DIGITAL SPACES

Although Section 57 of the Copyright Act recognises moral rights and Indian courts have affirmed their survival after death, enforcing these rights in digital environments remains problematic. Online platforms often host modified, abridged, or algorithmically generated versions of works that may distort the author’s original intent.

Legal heirs frequently lack the technical capacity and resources to monitor such infringements or initiate cross-border legal action, rendering moral rights largely symbolic in practice.
Source: https://indiankanoon.org/doc/144116/

CONTRACTUAL DILUTION OF POSTHUMOUS CONTROL

Digital publishing and distribution contracts often grant extensive and long-term licences to platforms, sometimes extending indefinitely. Authors, particularly first-time or independent writers, may enter into such agreements without fully appreciating their implications for posthumous control.

These contractual arrangements can significantly restrict the ability of legal heirs to regulate or terminate exploitation after the author’s death, thereby undermining the statutory intent behind posthumous copyright protection.[14]

AI-GENERATED ADAPTATIONS AND DERIVATIVE WORKS

Artificial intelligence technologies pose a novel challenge to posthumous copyright protection. AI tools can generate summaries, translations, and derivative works based on copyrighted texts, often without attribution or consent. While Indian law requires originality for copyright protection, it remains unclear how AI-generated outputs interacting with posthumous works should be regulated.

The absence of clear legal standards governing AI-generated adaptations leaves authors’ works vulnerable to distortion and misrepresentation after death.[15]

JURISDICTIONAL AND CROSS-BORDER ISSUES

Digital dissemination of literary works frequently transcends national boundaries, making enforcement of Indian copyright law against foreign platforms difficult. Even where infringement is apparent, legal remedies are often slow, expensive, and ineffective, particularly for heirs lacking institutional support.

This jurisdictional complexity further weakens the practical enforceability of posthumous copyright rights in the digital age.[16]

ABSENCE OF INSTITUTIONAL OVERSIGHT

Unlike other areas of intellectual property, there is no specialised institutional mechanism in India dedicated to monitoring or regulating posthumous exploitation of copyrighted works. The absence of such oversight results in fragmented enforcement and places an undue burden on individual rights-holders.

RECOMMENDATIONS: LEGAL AND INSTITUTIONAL REFORMS

In order to ensure meaningful protection of authors’ rights after death in the digital age, Indian copyright law must move beyond traditional doctrines and adopt a more responsive and forward-looking framework. The following recommendations aim to strengthen posthumous copyright protection while maintaining a balance between authors’ rights, public interest, and technological innovation.

STATUTORY RECOGNITION OF DIGITAL POSTHUMOUS RIGHTS

The Copyright Act, 1957 should be amended to explicitly recognise digital-specific posthumous rights. Such recognition should address issues of perpetual online availability, platform-based monetisation, and technological manipulation of literary works. Clear statutory language would reduce interpretative uncertainty and provide stronger protection to authors’ heirs in digital environments.[17]

STRENGTHENING MORAL RIGHTS IN THE DIGITAL CONTEXT

Moral rights under Section 57 should be expanded to expressly cover digital distortions, algorithmic modifications, and AI-generated adaptations. This would ensure that an author’s right to integrity and attribution is preserved even when works are reproduced or transformed through emerging technologies after the author’s death.[18]

REGULATION OF DIGITAL PLATFORMS AND INTERMEDIARIES

Digital platforms hosting or monetising literary works should be subjected to clearer statutory duties, including obligations to respect posthumous moral rights and to respond promptly to complaints by legal heirs. Platform accountability is essential to prevent large-scale unauthorised exploitation of posthumous works.[19]

FAIR AND TRANSPARENT PUBLISHING CONTRACTS

Legislative or regulatory guidelines should be introduced to ensure that publishing and licensing contracts clearly address posthumous rights. Authors should be informed of the long-term implications of digital licences, and heirs should be granted reasonable rights to review or renegotiate exploitative post-death clauses.[20]

AI-SPECIFIC COPYRIGHT NORMS

Given the increasing use of artificial intelligence in content generation, Indian copyright law should introduce AI-specific safeguards to prevent unauthorised summarisation, rewriting, or adaptation of posthumous works. Such norms would ensure that technological innovation does not undermine authorial integrity.[21]

SPECIALISED ENFORCEMENT AND DISPUTE RESOLUTION MECHANISMS

The establishment of specialised forums or fast-track mechanisms for resolving digital copyright disputes would enhance enforcement efficiency. Such mechanisms would be particularly beneficial for legal heirs who often lack the resources to engage in prolonged litigation.[22]

CONCLUSION

The evolution of digital technologies has fundamentally altered the way literary works are created, disseminated, and preserved. In this transformed landscape, authors’ works no longer fade with time but continue to exist indefinitely in digital form, often subject to uncontrolled reproduction, technological modification, and large-scale commercial exploitation. While Indian copyright law formally recognises posthumous protection, it remains largely anchored in a pre-digital framework that is ill-equipped to address these contemporary realities.

The analysis undertaken in this article demonstrates that although statutory provisions and judicial interpretations acknowledge the survival of economic and moral rights after the death of the author, their practical enforcement in the digital environment remains weak and fragmented. The absence of digital-specific legislation, unregulated platform practices, contractual imbalances, and emerging challenges posed by artificial intelligence collectively undermine the effectiveness of posthumous copyright protection in India.

Posthumous copyright is not merely an extension of proprietary control; it is a recognition of the enduring bond between an author and their creative expression. Literary works embody intellectual labour, personal identity, and cultural significance, all of which deserve respect beyond the author’s lifetime. Allowing such works to be distorted, misattributed, or commercially exploited without adequate safeguards risks eroding both authorial dignity and cultural integrity.

Strengthening posthumous copyright protection in the digital age therefore requires a balanced and forward-looking legal approach. Legislative reform, judicial sensitivity, platform accountability, and technological regulation must operate in tandem to ensure that authors’ rights, legacy, and reputation are preserved without unduly restricting public access to knowledge. By aligning domestic law with evolving international norms and technological realities, India can ensure that its copyright framework remains just, effective, and respectful of creative authorship in an era where works increasingly outlive their creators.

[1] https://www.wipo.int/treaties/en/ip/berne/

[2] https://www.wipo.int/treaties/en/ip/wct/

[3] https://www.un.org/en/about-us/universal-declaration-of-human-rights

[4] https://www.wipo.int/copyright/en/

[5] https://www.legifrance.gouv.fr/codes/id/LEGITEXT000006069414/

[6] https://www.gesetze-im-internet.de/englisch_urhg/

[7] https://eur-lex.europa.eu/summary/chapter/intellectual_property

[8] https://www.indiacode.nic.in/handle/123456789/1589

[9] https://www.indiacode.nic.in/show

[10] https://www.indiacode.nic.in/show

[11] https://indiankanoon.org/doc/144116

[12] https://indiankanoon.org/doc/1582897/