RIGHTS OF COPYRIGHT OWNER

Property itself is a bundle of rights. Like any tangible property owner, owner of
intellectual property also has or enjoys some rights. However, these rights are not
absolute and unlimited in point of time as tangible property rights. The rights enjoyed
by copyright owner are negative rights i. e. it prevents others from using his rights. The
owner can also claim compensation for unlawful use of such rights. The owner of
copyright enjoys following rights,

 Economic or exclusive rights

 Moral rights

Economic rights

Moral Rights

Economic or exclusive rights-Section 14

Section 14 provides that the owner of copyright in relation to literary, dramatic for
musical work has exclusive right to do following acts,

(i) to reproduce the work in any material form. It also includes storing of work in
any medium by electronic means such as CD, VCD DVD

(ii) to issue copies of work to public

(iii) to perform the work in public and to communicate it to the public.

(iv) to make any cinematographic film or sound recordings of such work.

(v) to make any translation of the work.

(vi) to make any adaptation of the work

1. To reproduce the work in any material form

Reproduction means copying. Reproduction is right of the owner, e.g. an author of book
can reproduce by way of edition of books such as first edition, second edition and can
claim royalty for each edition. If any person reproduces copyrighted material without
consent of its owner it amounts to infringement. The owner can claim damages for
infringement.

2. To issue copies to the public

The owner of copyright also has exclusive right to issue copies of the work to the public.
However, copies already sold or in circulation are excluded. Publication means making a
work available to public.

3. Communication to public

‘Communication to public’, according to section 2(f) means making the work available
to the public for being seen or heard or otherwise enjoyed by public directly or by any
means of display or diffusion. It is different from issuing copies. The object here is to
restrict unauthorized commercial exploitation of the work by others but it allows
private and domestic use of the work.

4. Performance in public

According to section 2(q) ‘performance in relation to performer’s right’ means any

visual or acoustic presentation made live by one or more persons. The copyright owner
has the right to perform in public but it cannot restrict performance in private.

5. Adaptation of work

‘Adaptation’ according to section 2 (a) means,

(i) In dramatic work the conversion of work into non dramatic work;

(ii) in literary work conversion of word into dramatic work by way of performance
in public or otherwise;

(iii) in literary or dramatic work any advertisement of the work or any version
of the work in which the story or action is conveyed;

(iv) In musical work any arrangement or description of the work.

Rights in computer programs

In respect of computer program the owner of copyright has following rights,

(i) Right to reproduce in material form;

(ii) Right to issue copies of computer program to public;

(iii) Right to perform the computer program in public or communicate to

public;

(iv) Right to make any cinematographers film or sound recording;

(v) Right to make translation;

(vi) Right to make adaptation;

(vii) Right to sale or give on commercial rental any copy of computer program.
 Rights in case of artistic work

In case of artistic work, artist enjoys following rights,

(i) right to reproduce the work in any material form and includes depiction in 3D of
2D work or vice versa

(ii) Right to communicate the work to public,

(iii) Right to issue copies to public;

(iv) Right to include work in any cinematographic films;

(v) Right to make adaptations

Rights in a cinematography film

Producer i.e. owner of cinematography films enjoys following rights,

(i) To make copies of the film

(ii) Right to issue of copies to public

(iii) Right to communicate to public

Rights in cinematographic film are multiple in nature, right to make CDs; right to sound
recording, right to release in theatres, right to restrict release in any territory, right to
sale satellite rights etc.

Producer of sound recordings also enjoys similar rights.

Moral rights of copyright owner

In addition to economic rights, the Act also protects moral rights of the author. Moral
rights i.e. droit morale originated in French law. General rule is that when an author has
assigned his rights in favour of a publisher or other person then the latter alone can sue
in case of infringement. However moral rights are exception to the general rule. Author
can claim moral rights even after the assignment of copyright.

Kinds of moral rights

Right of paternity or authorship

It means right of an author to claim authorship of the work. All others are prevented
from claiming authorship. The author can claim that his name should appear in all
copies of work at the appropriate place. Denial of right of paternity is known as
plagiarism.

Right of integrity
It means right of an author to prevent distortion, mutilation or other alteration of his
work or any other action which will prejudice his honour or reputation. It was
particularly in case of adaptation of work.

Mannu Bhandari vs. Kala Chitra Mandir

Mannu Bhandari was author of Hindi novel ‘Aapka Bunty’ having copyright in the work.
She assigned cinematographic rights in April 1983 to Kala Vikas for Rs. 15000. It was
agreed that author would allow certain modifications in the novel after discussion with
her. The modifications would be suitable for film version. After some time, there were
objections for certain sentences which were allowed by the Court on the ground that
they distorted the character and were not necessary. Objection was also raised with
respect to end of the movie. The court allowed the modifications but suggested some
changes in it. It was held that according to section 57 an author should have authority to
claim authorship and also right to restrain infringement or to claim damages for
infringement. These rights are available even after assignment of copyrighted material.

Amarnath Sehgal vs. Union of India

The plaintiff, a sculptor created a mural cast in bronze to decorate Vigyan Bhawan. The
artistic work of the plaintiff was kept there from 1962 to 1979. In 1979, the Government
removed the mural without his consent or permission. While removing, due to
mishandling the mural lost its aesthetic and market value. The plaintiff brought a suit
for violation of moral rights and prayed for injunction to prevent the government from
causing further damage to the mural. The court granted injunction.

Ved Prakash vs. Manoj Pocket Books

The author consented to a publisher to write certain number of novels over a period of
5 years. Since the author failed to supply the novels, the publishers hired another writer
to write the novels. These novels were published and marketed under the original
author’s name. He filed a suit in the Delhi High Court on the ground that his reputation
was being damaged by associating his name with poor quality work and prayed for
remedies. His application was granted and the author was entitled to remedies.