Discuss moral rights guaranteed to authors in the Copyright Act. Can the court transfer the copyright to the plaintiff for violation of moral right?”
QUESTION 4
“Discuss moral rights guaranteed to authors in the Copyright Act. Can the court transfer the copyright to the plaintiff for violation of moral right?”
⟡ INTRODUCTION
Copyright law gives two kinds of rights:
- Economic Rights (like reproduction, distribution, adaptation)
- Moral Rights (personal rights of the author)
While economic rights can be sold or assigned, moral rights always remain with the author, even after sale of copyright.
Moral rights protect the honour, reputation, and personal connection of the author with the work.
These are provided under Section 57 of the Copyright Act, 1957.
⟡ MEANING OF MORAL RIGHTS (SECTION 57)
Moral rights are personal rights that exist because the work is an extension of the author's personality.
Section 57 includes two major rights:
1. Right of Paternity (Right to Claim Authorship)
- The author has the right to be identified as the creator of the work.
- No one can publish the work without acknowledging the author’s name.
- Prevents false attribution.
Example: Using a poet’s poem in a magazine without giving their name violates paternity.
2. Right of Integrity (Right to Prevent Distortion, Mutilation, or Modification)
The author can object if:
- Their work is distorted
- Mutilated
- Modified
- Altered
- Used in a derogatory manner
…in a way that harms the author’s honour or reputation.
Example: If someone edits a filmmaker’s movie and adds inappropriate scenes that insult the director’s image, it violates the right of integrity.
3. Right to Prevent Destruction of Work (Recognized by Indian Courts)
Not expressly mentioned, but interpreted by courts.
If destruction of original work harms the author's honour or reputation, the author can claim violation.
⟡ IMPORTANT CASE LAWS ON MORAL RIGHTS
1. Amar Nath Sehgal v. Union of India (2005 Delhi HC)
Most important moral rights case in India.
Facts:
- A renowned sculptor’s mural displayed in Govt. building was removed, damaged, and kept in a storeroom.
- Sehgal sued government.
Held:
- Damaging an artist’s work is violation of moral rights.
- Moral rights protect the author’s honour and reputation.
- Author has right to restrain distortion or destruction.
- Court ordered compensation + return of the mural.
This judgment strengthened moral rights in India.
2. Mannu Bhandari v. Kala Vikas Pictures (1987)
- Film based on her novel Aap Ka Bunty distorted the story.
- Court held that changes that negatively affect the author’s reputation violate Section 57.
3. Indian Performing Rights Society (IPRS) v. Eastern Indian Motion Pictures (1977)
- Supreme Court recognized moral rights as independent rights, separate from economic rights.
⟡ NATURE OF MORAL RIGHTS
- Cannot be waived or assigned completely
- Survive even after economic rights are transferred
- Remain with the author even after death
- Enforceable against owners, publishers, assignees, and others
⟡ REMEDIES FOR VIOLATION OF MORAL RIGHTS
- Injunction (stop further misuse)
- Damages/compensation
- Delivery of infringing copies
- Declaration of authorship
- Restoration of damaged work
But NOT transfer of copyright.
⟡ CAN THE COURT TRANSFER COPYRIGHT TO THE PLAINTIFF FOR VIOLATION OF MORAL RIGHTS?
Answer: NO.
Violation of moral rights does NOT allow transfer of copyright to the author by the court.
Reason:
-
Copyright (economic rights) and moral rights are separate.
- Copyright can be assigned or licensed;
- Moral rights always remain with the author.
- One is economic; the other is personal.
-
Section 57 does NOT give courts power to transfer copyright.
- It only allows damages, injunction, restoration etc.
-
Case Law — Amar Nath Sehgal Case
- The court restored the mural
- Gave compensation
- But did not transfer copyright from the government back to the author.
- Because the law does not allow such transfer.
-
Ownership and violation are different issues
- Even if someone violates your moral rights, ownership does not automatically change.
⟡ CONCLUSION
Moral rights under the Copyright Act (Section 57) protect the personal and reputational interests of the author. They include:
- Right of paternity
- Right of integrity
- Protection against destruction
These rights exist independent of copyright ownership.
Even if the author sells/assigns copyright, moral rights remain with them.
Courts can grant remedies like injunctions, compensation, and restoration, but they cannot transfer copyright ownership as a remedy for moral rights violation.
Thus, moral rights safeguard the dignity and creativity of the author, but economic ownership remains governed by separate statutory provisions.
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