Veer Narmad South Gujarat University, Surat

Department of Law
B.Com.LL.B.(Honors) Five Year Integrated Programme

Name : Fijimol Frankline

Roll.no. : 06
Course. : B.Com.LL.B.(Hons.)
Semester. : 07
Academic Year. : 2021-2022
Subject. : Intellectual Property Law - I
Topic. : Moral Rights Of Copyright Holder
Submitted To. : Prof. Twinkle Desai
Moral Rights
Of Copyright
Holder.
Section.57
of
The Copyright Act, 1975
 The Copyright
Act,1975
• The Copyright Act 1957 (as amended by the
Copyright Amendment Act 2012) governs
the subject of copyright law in India.
• The Act is applicable from 21 January 1958.
• The history of copyright law in India can be
traced back to its colonial era under the
British Empire.
• The Copyright Act 1957 was the first post-
independence copyright legislation in India
and the law has been amended six times
since 1957.
• The most recent amendment was in the
year 2012, through the Copyright
(Amendment) Act 2012.
Copyright
• Copyright is a legal means of protecting an author's work.
• It is a type of intellectual property that provides exclusive
publication, distribution, and usage rights for the author.
• This means whatever content the author created cannot be used or
published by anyone else without the consent of the author.
• The length of copyright protection may vary from country to
country, but it usually lasts for the life of the author plus 50 to 100
years.

• Section 14 in the Copyright Act, 1957

• Meaning of copyright.
• For the purposes of this Act, “copyright” means the exclusive right
subject to the provisions of this Act, to do or authorize the doing of
any of the following acts in respect of a work or any substantial
part thereof, "
Copyright Holder
• A "copyright owner" or "copyright holder" is a person or a
company who owns any one of the Exclusive Rights of
copyright in a work.
• Copyright ownership is separate from the ownership of the
work itself.

• For instance, when an artist sells a painting to someone,

the artist usually retains the copyright in the painting. That
means the buyer of the painting will have it to keep in her
house or office but the artist will retain the rights to copy,
display and distribute the painting, and make other works
based on the painting.
Rights Of
Copyright
Holder
Rights of Copyright holder

• Statutory rights
• Negative rights
• Multiple rights
• Economic rights
• Moral rights
Moral Rights
In addition to the protection of economic
rights, the Copyright Act also protects
moral rights of the author.

Moral rights flow from the the fact that a

literary or artistic work reflects the
personality of the creator, just as much
as the economic rights reflect the
author's need and soul together.
• In the material world, laws are geared to
protect the right to equitable remuneration.
• But life is beyond the material.
• It is temporary as well. Many of us believe in
soul.
• Moral rights of the author are soul of his
works.
• The author has a right to preserve, protect
and nurture his creations through his moral
rights.
• This was observed by Delhi Court in the case
AMARNATH SEHGAL
V.
UNION OF INDIA
Origin
• The term "moral right" is derived from the
French expression "Droit moral" and is a
misnomer in the sense that moral rights are
neither the opposite of the immoral rights not of
legal rights.
• The Rome Act of 1928 added the droit moral to
the Article 6bis of Berne Conventionof 1886.
• Moral rights have two key elements:
• (1) Right to claim authorship of the work
• (2) Right against distortion, modification or
mutilation of one’s work if such distortion or
mutilation would be prejudicial to the author’s
honour or reputation
Exceptions
• The moral rights are exceptions to the
general rule that after an author has
assigned his rights in favour of a
publisher or other person, the latter
alone is entitled to sue in respect of
infringements.

• The author has a right to claim moral

rights in the work even after the
assignment of copyright.
The moral rights are:
1.Droit au respect de l'oeuvre (Integrity right)
This right maybe regarded as the most important of the
moral rights. It gives the author the right to prevent
alteration, destruction and other actions that may damage
the author's reputation.

2.Droit de divulgation (Devil creation right)

It means right of author to publish a work, or to withhold it
from dissemination. It give the author the right to decide
whether to publish or not to publish the work.

3.Droit a la paternite (Attribution right)

It gives the author the right to claim authorship of a
published or exhibited work.

4.Droit de retrait (Retraction right)

It gives the author the right to withdraw a published work
from distribution if it no longer represents the views of the
author
 Sec. 57
of the
Copyright Act,1957
Author's Special Rights
(1) Independently of the author’s copyright and even
after the assignment either wholly or partially of the
said copyright, the author of a work shall have the
right—
a. to claim authorship of the work; and
b. to restrain or claim damages in respect of any
distortion, mutilation, modification or other act in
relation to the said work which is done before the
expiration of the term of copyright if such
distortion, mutilation, modification or other act
would be prejudicial to his honour or reputation
Provided that the author shall not have any right to
restrain of claim damages in respect of any
adaptation of a computer programme to which clause
(aa) of sub-section (1) of section 52 applies.
Explanation.—Failure to display a work or to display it
to the satisfaction of the author shall not be deemed
to be an infringement of the rights conferred by this
section.

(2) The right conferred upon an author of a work by

sub-section (1), other than the right to claim
authorship of the work, may be exercised by the legal
representatives of the author.
Sec.52 (1)(aa)
Acts not considered in Infringement

• The making of copies or adaptation of a computer

programme by the lawful possessor of a copy of
such computer programme from such copy—
• (i) in order to utilise the computer programme for
the purpose for which it was supplied; or
• (ii) to make back-up copies purely as a temporary
protection against loss, destruction or damage in
order only to utilise the computer programme for
the purpose for which it was supplied
Case Law
Mannu Bhandari Case

• Mannu Bhandari V. Kala Vikas Pictures Ltd.

• First dispute in matter of author's moral rights and came

after 30 years of the enactment of the Act .
• However this case was settled out of the Court
• Here Mannu Bhandari was the author of the Hindi
Novel.... "Aap Ka Bunty"
• She assigned the cinematograph right in the novel to the
"Kala Vikas Pictures Pvt. Ltd " for consideration of
Rs.15000.
• Differences started arising between the parties from
the very beginning.
• The first objection was regarding the title of the Film
Aap Ka Bunty.......Samay Ki Dhara
• The other objection was regarding the Climax of the
Film.
• In novel ...... The child was admitted in hostel by his
natural father
• In Film ......... The child died of starvation after he run
away his home .
• The Court observed that

• Section 57 was a statutory recognition of the

intellectual property of the author and therefore it
shouldbe protected with special care.
• The court observed further that the author have a
right to claim authorship of the work as well as a
right to restrain infringement or to claim damages
for the infringement.
Case Law
Amar Nath Sehgal Case

Amar Nath Sehgal V. Union Of India

• The Vigyan Bhavan was constructed at Delhi to house

international conferences.
• The plaintiff was assigned a part of the decoration work inside
the building
• He produced a piece art, bronze mural sculpture on one of its
walls.
• It wasa highly acclaimed piece of art.
• In 1979, during partial reconstruction of the
Bhavan, the mural was pulled down without the
permission of the plaintiff and consigned to the
storeroom.
• The sculpture was immensely damaged due to
improper managing.
• The Court held that the defendants have not only
violated the plaintiffs moral rights of integrity in
the mural but have also violated the integrity of
the work in relation to the cultural heritage of the
nation.
• The Court granted:

• The mandatory injunction directing the

defendants to return to the plaintiff the remnants
of the mural within 2 weeks.
• The plaintiff would have absolute right to recreate
the mural at any place and the right to sell it
• Damages in the sum of Rs.500000 has to be paid
by defendant to the plaintiff. If not paid within
one month, then 9% interest will be charged till
the date of payment.
Bibliography
Books
1.Law Relating To Intellectual Property
V.K.Ahuja
Third Edition
Lexis Nexis
Pg no.:79-83
2.Law Relating To Intellectual Property
Dr. B.L. Wadehra
Fifth edition
Universal lexis Nexis
Pg.no.:307

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