File:La prison de Gandhi aux Indes.jpg

This work is in the public domain in France for one of the following reasons:

• Its author (or the last of its authors in the case of a collaboration work) died more than 70 years ago (CPI art. L123-1) and did not benefit from any copyright extension (CPI art. L123-8, L123-9 and L123-10)^[1];
• It is an anonymous or pseudonymous work (the identity of the author has never been disclosed) or a collective work^[2] and more than 70 years have passed since its publication (CPI art. L123-3);
• It is the recording of an audiovisual or musical work already in the public domain, and more than 50 years have passed since the performance or the recording (CPI art. L211-4).

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Please note that moral rights still apply when the work is in the public domain. They encompass, among others, the right to the respect of the author's name, quality and work (CPI art. L121-1). Attribution therefore remains mandatory.

1. ↑ Copyright extensions must be considered only in the case of musical works and of authors Mort pour la France (died during conflict, in the service of France). In other cases, they are included in the 70 years post mortem auctoris length (see this statement of the Cour de Cassation).
2. ↑ The collective work status is quite restrictive, please make sure that it is actually established.

This work is in the public domain in India because its term of copyright has expired.

The Indian Copyright Act applies in India to works first published in India. According to the Indian Copyright Act, 1957, as amended up to Act No. 27 of 2012 (Chapter V, Section 25):

• Anonymous works, photographs, cinematographic works, sound recordings, government works, and works of corporate authorship or of international organizations enter the public domain 60 years after the date on which they were first published, counted from the beginning of the following calendar year (i.e. as of 2024, works published prior to 1 January 1964 are considered public domain).
• Posthumous works (other than those above) enter the public domain after 60 years from publication date, counted from the beginning of the following calendar year.
• Any kind of work other than the above enters the public domain 60 years after the author's death (or in the case of a multi-author work, the death of the last surviving author), counted from the beginning of the following calendar year.
• Text of laws, judicial opinions, and other government reports are free from copyright.

The Indian Copyright Act, 1957 is not retroactive, so any work in which copyright did not subsist when it commenced did not have its copyright restored, and is in the public domain per the Copyright Act 1911.