MORAL RIGHTS OF AN AUTHOR UNDER COPYRIGHT

LAW

A Synopsis Submitted in Partial Fulfillment of the Requirement for

B.A., LL.B. (Hons.), Sixth Semester

Fundamental of Intellectual Property Law

Submitted on: 24th March, 2014

Submitted by Submitted to

Harshit Singh Sisodia MRS Murthy

Roll No. 66, Sec- A Faculty

Intellectual Property Rights

NATIONAL UNIVERSITY OF STUDY & RESEARCH IN LAW, RANCHI

Introduction to Moral Rights-

Copyright, under the Copyright Act, 1957, is a right granted to creators of literary, dramatic,

musical, computer and artistic works, and producers of cinematography films and sound

recordings. Copyright includes rights of Reproduction, communication to the public,

adaptation and translation of the work. Copyright ensures certain minimum safeguards of the

authors’ rights over their creations as defined in sec 14 of the Act, thereby protecting and

rewarding creativity. The protection that copyright provides to the efforts of writers, artists,

designers, dramatists, musicians, architects and producers of sound recordings,

cinematography films and computer software, creates an atmosphere conducive to creativity1.

Copyright grants to creators a bundle of exclusive rights over their creative works, which

generally include the right to reproduce, distribute, display, make adaptations, perform, sell

and so on. When copyright expires, the work enters the Public domain, and the right holder

can no longer stop others from engaging in those activities under copyright, with the

exception of moral rights reserved to creators in some jurisdictions.

Justice Pradeep Nandrajog in a case2 said that:

“In the material world, laws are geared to protect the right to equitable remuneration. But

life is beyond the material. It is temporal as well. Many of us believe in the soul. Moral

Rights of the author are the soul of his works. The author has a right to preserve, protect and

nurture his creations through his moral rights”

Section 57 of the Copyright Act, 1957 deals with author’s special rights, the origin of this act

is France and hence the French expression ‘droit moral’ is a misnomer in the sense that moral

rights are neither the opposite of immoral rights nor of legal right.

The Berne Convention (Article 6 bis) recognizes some of these rights and requires member

States to provide the author with the right to claim authorship and to object the alteration.

These rights remain with author even after the transfer of copyright. And the protection lasts

during the whole of the copyright term.

1

Narayanan P Intellectual Property Law ,(3rd edition 2007, pg 307)2 Amar Nath Singh v. Union of India (2005)

Literature Review

In Amar Nath Sehgal case3, court observed the various right of an author based upon his work

such as

“Paternity right”, that right to have his name, also known as “identification right or

attribution right”

Secondly it talked about dissemination or divulgation right to have economic right

over his creation,

Thirdly which is linked to paternity, is integrity right which is right to maintain purity.

Such that if any work which is derogatory to author’s reputation can be objected.

Lastly, the court also observed the right to withdraw from publication of one’s work,

in case if author feels that because of paucity of time, if is better to change his opinion

then it is advisable to withdraw the work. This would be the authors right to

''retraction''.

In case KPM Sobharam v/s Ms. Rattan Prakashan Mandir4, court held that the; “Publisher

left with no any right to publish or to sell the work of the author in case of revocation from

the agreement by the author. In this case interim injunction was granted, saying that the moral

rights remain with the author and are enforceable even if all the economic right have been

licensed or assigned”.

In Manu Bhandari case5, court observed that section 57 of The Copyright Act, values the

author’s status above the material gains of copyright and gives it a special status. The words

of section is not restricted to “literary” work only but extend to “visual” and “audio” work

are also covered. So author has full right to object any distortion or modification, in case if

such distortion or modification is harm to his reputation.

Praveen Anand wrote “In country like India, it has been judicially determined that moral

rights are not waivable, at least insofar as any modifications causes harm to reputation or go

beyond the authorised use of the copyright work”6.

3Amar Nath Singh v. Union of India [2005 (30) PTC 253].

4AIR 1983 Del. 461 (468,469).5 1987 AIR (Delhi 13).6 Pravin Anand, The Concept of Moral Rights under Indian Copyright Law, COPYRIGHT WORLD, Feb. 1993, at 35-37.

Research Question

In present study, the researcher will try to inquire into the question related to the dominant

mode of conceptualizing Moral rights as inalienable rights of authors in their works, along

with study of orthodox theory of moral rights by drawing upon the statutory moral rights

regimes. Author’s purpose is to use comparative law to enhance the understanding of this

particular concept of moral rights, and what is the significance of recognition of specific

moral rights as part of copyright law.

In this paper the researcher will also try to analyze, whether purpose of giving copyright

protection ceases to exist even after the time period for copyright protection gets over and

what is the role of Moral rights.

Research Methodology

The project will utilize non-empirical research methodology, which can be possible with

available text materials i.e. books, journals, case-laws and websites. The researcher will use

explanatory and descriptive research to elaborate various provisions on strikes and lock outs.

Scope and Limitations

The scope of the project mainly relates to the issue of moral rights. Both Indian and

international perspectives on the subject would be covered to some extent. The controversies

and new developments will also be covered in some detail.

The main limitation on the project is that there is limited availability of data on the topic in

India. Further since the topic is of recent development so adequate number of cases is not

available. The lack of resources is another limitation and hence would not be able to make a

detailed analysis on the issue.

Chapterisation Plan-

1. Introduction.

1.1 Various types of Moral Rights.

1.2 Difference between Moral rights that is a non- economic right from other rights

such as Economic rights.

2. Moral Rights in India.

2.1 Law in India: Statutory recognition under sec 57 of the Copyright Act, 1957 as

amended in 1994.

2.2 Judicial approach on Moral right in India.

3. Moral rights legislation in the US, UK and India – A comparative Analyses.

4. Waiver of Moral Rights.

5. Conclusion.

Bibliography

Books Referred

Akhil Prasad & Aditi Agarwala, Copyright law, (2009 Edn).

P.Narayanan, Law of Copyright and Industrial Designs, (Fourth Edition. 2009)

Mira T. Sundran Ranjan, Moral Rights, (1st edn Oxford University Press, New Delhi,

2011)

Dr. V K Ahuja, Law of Copyright and Neighbouring rights: National and

International Perspective, 2007

W. Cornish, D. LLEWELYN and T. APLIN, Intellectual property: Patents,

Copyright, Trade Marks and Allied Right 7th ed Sweet &Maxwell South Asian

Edition 2010

Cases Referred

Amar Nath Singh v. Union of India (2005)

Mannu Bhandari v. Kala Vikas Pictures, 1987 AIR (Delhi 13).

KPM Sobharam v/s Ms. Rattan Prakashan Mandir AIR 1983 Del. 461 (468,469).

Articles Referred

Vaver, David Authors' Moral Rights and the Copyright Law Review Committee's

Report: Monash University Law Review, Vol. 14, Issue 4 (December 1988), pp. 284-

297.

Paul, Kunwar Taj, Prevention of Film Piracy in India, International Business

Lawyer, Vol. 30, Issue 9 (October 2002), pp. 409-423.

Dworkin, Gerald, Moral Right of the Author: Moral Rights and the Common Law

Countries, Columbia-VLA Journal of Law & the Arts, Vol. 19, Issues 3 4 (1994-

1995), pp. 229-268.

Robert Platt, A Comparative Survey of Moral Rights, 57 J. Copyright Society USA.

951 2009-2010.

Pravin Anand, The Concept of Moral Rights under Indian Copyright Law,

COPYRIGHT WORLD, Feb. 1993, at 35-37,

Sonia Baldia, Intellectual Property in Global Sourcing: The Art of Transfer” 38

Georgetown Journal of International Law 499, spring 2007.

Statutes Referred

Copyright Act of India, 1957

Copyright, Designs and Patent Act of UK 1988

Berne Convention on Copyright, 1992