Skip to main content

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:

  1. Economic Rights (like reproduction, distribution, adaptation)
  2. 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

  1. Cannot be waived or assigned completely
  2. Survive even after economic rights are transferred
  3. Remain with the author even after death
  4. 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:

  1. 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.
  2. Section 57 does NOT give courts power to transfer copyright.

    • It only allows damages, injunction, restoration etc.
  3. 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.
  4. 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.



Comments

Popular posts from this blog

UPSI Syllabus 2025 & Exam pattern 2025

UP SI 2025 Exam Pattern Subject Questions Marks General Hindi 40 100 Law/Constitution & General Knowledge 40 100 Numerical & Mental Ability Test 40 100 Mental Aptitude/Intelligence/Reasoning 40 100 Total 160 400 Exam Mode : Online (CBT) Duration : 2 hours (120 minutes) Negative Marking : No Qualifying Marks : Minimum 35% in each subject and 50% overall Subject-Wise Syllabus 1. General Hindi समास, संधि, वाक्यांश के लिए एक शब्द पर्यायवाची, विलोम शब्द मुहावरे और लोकोक्तियाँ रस, अलंकार, छंद वाक्य संशोधन, वर्तनी अपठित गद्यांश (Comprehension) हिंदी साहित्य के प्रमुख लेखक और रचनाएँ 2. Law, Constitution & General Knowledge A. General Knowledge भारत का इतिहास और स्वतंत्रता संग्राम भूगोल (भारत और विश्व) विज्ञान और तकनीक करेंट अफेयर्स पुरस्कार, किताबें और लेखक महत्वपूर्ण राष्ट्रीय/अंतर्राष्ट्रीय संगठन खेलकूद, राजनीति, अर्थव्यवस्था B. Indian Constitution & Law संविधान की विशेषताएँ मौलिक अधिकार और कर्तव...

Arrest under BNSS 2023: Grounds, Sections, and Case Laws

Bare act provision  Arrest by private person [section 40] Section 40 lays down the circumstances  when a private person can arrest and procedure on such arrest Circumstances in which a private person can arrest: Any private person may arrest or cause to be arrested who in the presence of private person. i) commits a non - bailable and           cognizable offence. ii) Any proclaimed offender. 2: Arrest by magistrate section 41 The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023), enacted to replace the colonial-era Criminal Procedure Code (CrPC), brings a renewed focus on balancing citizen rights and policing powers . Arrest, being a powerful tool in the hands of law enforcement, is rightly placed under scrutiny in BNSS 2023. Let’s break down what "arrest" means under this new law, the grounds under which it can occur, and the protective safeguards embedded within. What is Arrest Arrest is the legal restraint of a person’s libe...

Smith v Hughes (1959): A Landmark Case on Interpreting the Law

Smith v Hughes (1959): Introduction The case of Smith v Hughes (1959) is one of the most iconic examples in English law that demonstrates the Mischief Rule of statutory interpretation. At first glance, it may seem like a simple case involving a street solicitor (a prostitute), but it ended up clarifying how judges should interpret the true purpose of a law. Facts of the Case Mrs. Smith, the defendant, was a prostitute. However, unlike many others, she wasn’t soliciting from the street. Instead, she operated from inside her apartment in London. She would call out or attract clients through her window or by tapping on the glass, facing the public street below. She was charged under Section 1(1) of the Street Offences Act 1959 , which says: “It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution.” Now here's the twist: Smith argued she wasn’t in the street , so she claimed the law didn’t apply to her ...