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📑 Right of Paternity under Copyright Law

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1. Introduction

Copyright law not only grants economic rights to authors but also protects their personal bond with their creations through moral rights. One of the most significant moral rights is the Right of Paternity, which ensures that an author’s name and authorship are properly acknowledged whenever their work is used. This right is protected under Section 57 of the Copyright Act, 1957 in India.

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2. Meaning of Right of Paternity

• The Right of Paternity refers to the author’s right to claim authorship of their work.
• It also gives them the power to prevent others from falsely attributing authorship to someone else.
• This means no person can publish, reproduce, or communicate the work without giving due credit to the original author.

Example: If a painter’s work is displayed in an exhibition, the painter has the right to be identified as its creator.

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3. Statutory Basis

• Recognized under Section 57(1)(a) of the Copyright Act, 1957.
• It states that the author of a work shall have the right to “claim authorship of the work”.
• Applies to literary, artistic, musical, dramatic, and cinematographic works.

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4. Nature of the Right

• Personal Right: Stems from the intimate bond between the creator and the work.
• Independent Right: Exists even after the author sells or transfers economic rights.
• Perpetual in Character: In some jurisdictions, paternity rights continue even after the author’s death (in India, they are enforceable during author’s lifetime and by legal representatives after death).

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5. Scope of Right of Paternity

1. Proper Attribution – The author must be named wherever the work is used.
2. Protection from False Attribution – Preventing others from taking credit.
3. Posthumous Enforcement – After the author’s death, legal heirs may claim authorship.

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6. Distinction from Right of Integrity

• Right of Paternity → Protects name and authorship of the author.
• Right of Integrity → Protects honour and reputation from distortion, mutilation, or modification of the work.

Both rights together form the essence of moral rights.

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7. Case Laws

1. Amarnath Sehgal v. Union of India (2005 Delhi HC)

   • Concerned destruction of a mural created by Sehgal.
   • Court recognised the Right of Paternity, holding that the artist has the right to be identified as the creator of his work.

2. Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd. (1986 Delhi HC)

   • Concerned a novel adapted into a film without proper attribution.
   • Court upheld the author’s right to be acknowledged.

3. Raj Rewal v. Union of India (2019 Delhi HC)

   • Though mainly about the right of integrity, the judgment reaffirmed that authorship acknowledgment is a vital part of moral rights.

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8. International Perspective

• Article 6bis of the Berne Convention recognizes both paternity and integrity rights.
• TRIPS Agreement also obligates member states to safeguard authors’ moral rights.
• Many countries provide perpetual paternity rights, meaning the author’s name must always be linked to the work, even after copyright expiry.

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9. Remedies for Violation

If the right of paternity is violated, the author can:

• File a civil suit seeking injunction and damages.
• Claim compensation for loss of reputation.
• In some cases, seek a public apology or correction of authorship.

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10. Conclusion

The Right of Paternity ensures that creators receive the recognition they deserve. It is not about money, but about honour, dignity, and identity of the author. Courts in India have consistently upheld this right, ensuring that creative individuals are acknowledged for their contributions. For LLB students, understanding this right is crucial, as it bridges the gap between intellectual property law and human dignity.

Perfect 👌 Let’s now prepare a detailed case law analysis on the Right of Pa

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📚 Case Laws on Right of Paternity under Copyright Law

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1. Amarnath Sehgal v. Union of India (2005, Delhi HC)

Facts:

• Amarnath Sehgal, a renowned artist, created a mural for Vigyan Bhavan, Delhi.
• The Government removed and damaged the mural without consulting him.
• Sehgal claimed violation of his moral rights, including the Right of Paternity.

Issue:

• Whether the author’s right to be acknowledged as the creator of his work continues after transfer of copyright.

Judgment:

• The Court held that the mural was the artist’s creation and his Right of Paternity entitled him to be acknowledged as its author.
• The Government was ordered to compensate him.

Principle:

• Authors have the right to claim authorship and prevent others from denying or misrepresenting it.

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2. Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd. (1986, Delhi HC)

Facts:

• Mannu Bhandari wrote the Hindi novel “Aapka Bunty.”
• A film was made based on the novel but without proper credit to her.
• She alleged violation of her Right of Paternity and moral rights.

Judgment:

• The Court held that adaptation without giving credit violates the author’s right of paternity.
• Even if copyright is assigned, the author retains the right to be identified as the original creator.

Principle:

• Authorship acknowledgment is mandatory, even if economic rights are sold.

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3. Raj Rewal v. Union of India (2019, Delhi HC)

Facts:

• Raj Rewal, a famous architect, designed the Hall of Nations in Delhi.
• The building was demolished by the Government.
• He claimed violation of his moral rights, including authorship.

Judgment:

• The Court reiterated that moral rights, including the right of paternity, are essential.
• However, in this case, since the building belonged to the Government, demolition was not prevented.

Principle:

• Recognition of authorship remains vital even when ownership of the work is transferred.

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4. Amar Nath Sehgal v. Union of India (Reiterated in Later References)

• Frequently cited as the landmark precedent for paternity rights in India.
• Establishes that paternity is independent of economic rights.

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5. International Case Reference (France – Huston v. Turner, 1991)

Facts:

• French film directors Huston’s movie was colourised without acknowledgment.
• Their heirs sued, claiming violation of moral rights.

Judgment:

• The French court recognised that moral rights (including paternity) are perpetual and inalienable.

Relevance to India:

• Shows how international jurisprudence strengthens the Indian position under Berne Convention Article 6bis.

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Summary Table of Case Laws

Case	Court	Key Point on Right of Paternity
Amarnath Sehgal v. Union of India (2005)	Delhi HC	Author must be credited as creator even after transfer of rights.
Mannu Bhandari v. Kala Vikas Pictures (1986)	Delhi HC	Adaptation without author’s name violates paternity rights.
Raj Rewal v. Union of India (2019)	Delhi HC	Recognition of authorship