The Moral Rights of an Author

By Nidhi Kumari, CNLU

INTRODUCTION

Universal Declaration of Human Rights, Article 27(2)

“Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author[i]

When an artist creates, he expresses an opinion. Whether it is in the form of a painting, a photograph, a motion picture or in any written form, that opinion is of the artist, by the artist, and must be protected. In this, who and what entity financed or provided the means for its production should have no bearing and no relevance to the determination of ownership in the opinion produced. Moral rights are representative of social values concerning authorship, creativity and artistic work. They are based on a belief that artistic creation is something more than an attempt to earn a livelihood.

Moral rights flow from 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 to keep body and soul together. The creative impulse and the work are of value to society, through his work, the artist provides an important service to society. By recognizing these aspects of artistic life, moral rights bring a culture focus to copyright law.

Moral rights or ‘droit moral‘ originated in French law. The Rome Act of 1928 added the droit moral to the Bern convention of 1886.

Article 6bis(1) of the Berne Convention provides:

“Independently of the author’s economic rights, and even after the transfer of said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honour or reputation.[ii]

CONCEPT OF MORAL RIGHT

Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine-readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings.

Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films, and sound recording. For example, books, computer programs are protected under the Act as literary works.

Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised only by the owner of the copyright or by any other person who is duly licensed in this regard by the owner of the copyright. These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public etc.

Copyright protection is conferred on all Original literary, artistic, musical or dramatic, cinematography and sound recording works. Original means, that the work has not been copied from any other source. Copyright protection commences the moment a work is created, and its registration is optional. However, it is always advisable to obtain a registration for better protection. Copyright registration does not confer any rights and is merely a prima facie proof of an entry in respect of the work in the Copyright Register maintained by the Registrar of Copyrights.

As per Section 17 of the Act, the author or creator of the work is the first owner of the copyright. An exception to this rule is that the employer becomes the owner of the copyright in circumstances where the employee creates a work in the course of and scope of employment.[iii]

Copyright registration is invaluable to a copyright holder who wishes to take civil or criminal action against the infringer. Registration formalities are simple and the paperwork is least. In case, the work has been created by a person other than the employee, it would be necessary to file with the application, a copy of the assignment deed.

Indian perspective on copyright protection:

The Copyright Act, 1957 provides copyright protection in India. It confers copyright protection in the following two forms:

(A) Economic rights of the author, and

(B) Moral Rights of the author.

(A) Economic Rights: The copyright subsists in original literary, dramatic, musical and artistic works; cinematographs films and sound recordings. The authors of copyright in the aforesaid works enjoy economic rights u/s 14 of the Act.[iv]

The rights are mainly, in respect of literary, dramatic and musical, other than computer program, to reproduce the work in any material form including the storing of it in any medium by electronic means, to issue copies of the work to the public, to perform the work in public or communicating it to the public, to make any cinematograph film or sound recording in respect of the work, and to make any translation or adaptation of the work.

In the case of a computer program, the author enjoys in addition to the aforesaid rights, the right to sell or give on hire, or offer for sale or hire any copy of the computer program regardless whether such copy has been sold or given on hire on earlier occasions. In the case of an artistic work, the rights available to an author include the right to reproduce the work in any material form, including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work, to communicate or issues copies of the work to the public, to include the work in any cinematograph work, and to make an adaptation of the work.

In the case of a cinematograph film, the author enjoys the right to make a copy of the film including a photograph of an image forming a part thereof, to sell or give on hire or offer for sale or hire, any copy of the film, and to communicate the film to the public. These rights are similarly available to the author of sound recording.

In addition to the aforesaid rights, the author of a painting, sculpture, drawing or of a manuscript of a literary, dramatic or musical work, if he was the first owner of the copyright, shall be entitled to have a right to share in the resale price of such original copy provided that the resale price exceeds rupees ten thousand.

(B) Moral Rights: Section 57 of the Act defines the two basic “moral rights” of an author. These are:

(i) The right of paternity, and

(ii) Right of integrity.

The right of paternity refers to the right of an author to claim authorship of work and a right to prevent all others from claiming authorship of his work. The right of integrity empowers the author to prevent distortion, mutilation or other alterations of his work, or any other action in relation to said work, which would be prejudicial to his honor or reputation. The proviso to Section 57(1) provides that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer program to which Section 52 (1)(aa) applies (i.e. reverse engineering of the same).

It must be noted that 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. The legal representatives of the author may exercise the rights conferred upon an author of a work by Section 57(1), other than the right to claim authorship of the work.[v]

Moral rights are rights that the creator of a work is automatically entitled to and which no one else can claim. The moral rights of work can even remain with the creator after their death.

Moral rights exist alongside copyright in certain types of work. Generally, moral rights remain with the author of a work or pass to the author’s estate on death. Unlike copyright, moral rights cannot be assigned (legally transferred). However, they are frequently waived.

The existence of moral rights raises an important additional element in the negotiation and drafting of certain agreements. Unfortunately, for many authors, the transfer/license of copyright is often accompanied by the insistence of the purchaser on the waiver of those moral rights.

Relating to duty or obligation; pertaining to those intentions and actions of which right and wrong, virtue and vice, are predicated, or to the rules by which such intentions and actions ought to be directed; relating to the practice, manners, or conduct of men as social beings in relation to each other, as respects right and wrong, so far as they are properly subject to rules.

The definition of moral rights is given under many laws. Moral rights are the embodiment of the natural rights of an artist has over what he has created. Moral rights are personal legal rights belonging to the creator of copyright works and not be transferred, assigned or sold.

Moral in other words-“Moral rights are the rights individual creators have in relation to copyright works or films they have created. Moral rights are separate from the economic rights of the copyright owner, such as the rights to reproduce the work or communicate it to the public.”[vi]

Moral rights apply to:

1.  Literary works such as most written material and including computer programs.

2. Artistic works such as photographs, sketches, plans, maps, paintings, three-dimensional works from pottery to statuary and buildings, craftwork and murals

3. Musical works

4. Dramatic works such as plays and screenplays

5. Cinematograph films both feature films and documentaries, as well as television programs, commercials, and music videos.

Moral rights last for the same period as copyright protection. Generally, that is for the lifetime of the author plus 70 years. For films, copyright lasts for 70 years after first publication but the right of integrity expires on the death of the authors.

The author of a film is deemed to be the director, the screenwriter, and the producer. If the producer is a company and there is no individual producer, the producer has no moral rights.[vii]

Infringement of Moral Rights:-

Rights, or authorizes another to so such type of mistreats. The Courts have discretion it chooses remedies for that infringement and also can prescribe damages, ordering public apology and reversal of mistreatment of work, film or performance.

In Australian copyright, if a creator makes a claim for infringement of moral rights, the remedies a Court can grant include –

1. Financial compensation (damages)

2. An order to prevent or stop a particular activity (an injunction),

An order that any false attribution of authorship, or derogatory treatment of the work, be reversed or removed. In a third way, there are a number of factors which the court can take into consideration at the time of deciding the appropriate remedy, such as anything done by the defendant to reduce the effects of infringement. If contemplating the granting of an injunction, a Court must first look at ways to give the parties an opportunity to negotiate a settlement.[viii]

Visual Artiste Rights (VARA) grants two rights to authors of visual works. The right of attribution and the right of integrity. The right of attribution provides an author for preventing misattribution of work, and to require that the authorship of the work not be disclosed. An author can take an action for defamation if the authors’ help of work is attributed to an author against his/her will, or misattributed.[ix]

Amarnath Sehgal vs. Union of Indian & others[x]the court provided a remedy for infringement of his special rights or moral rights. It was held by the court, in this case, that copyright is a bundle of rights, which the author can exploit, independently for economic benefit any exercising these rights. A copyright owner may exploit his work himself or license others to exploit any one or more of the rights for a consideration, which may be in the form of royalty or a lump sum. Payment copyright apart, the author of a work has certain moral rights as well.

KINDS OF MORAL RIGHT

The Right of Attribution (“Paternity”)

The right of attribution also referred to as the right of paternity, is “the right of authors to claim authorship of their works.” It aims to determine “whether and how the author’s name shall be affixed to the work.” It establishes three separate but related protections.

First, it is an author’s right to be “made known to the public as the creator of the work.” If the author so desires, his or her name must appear on all copies as well as advertising and other publicity for the work.

Second, that an author can “prevent others from usurping his [or her] work by naming another person as the author.” This allows the author to prevent plagiarism of the work.

Finally, an author can “prevent others from wrongfully attributing to him [or her] a work he [or she] has not written.”  This protects the author from false attribution of authorship and from being named as the author of a work that has been mutilated.[xi]

In addition, the right also gives the author the right to not claim authorship of the work. Authors may elect to remain anonymous or use pseudonyms instead of their real names. However, the right does not necessarily entitle such authors to prevent the third party from disclosing the author’s real name.

The right of paternity refers to the right of an author to claim authorship of work and a right to prevent all others from claiming authorship of his work. The right of integrity empowers the author to prevent distortion, mutilation or other alterations of his work, or any other action in relation to said work, which would be prejudicial to his honor or reputation.

The proviso to Section 57(1) provides that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer program to which Section 52 (1)(aa) applies (i.e. reverse engineering of the same). It must be noted that 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. [xii]

The legal representatives of the author may exercise the rights conferred upon an author of a work by section 57(1), other than the right to claim authorship of the work.[xiii]

The Definition of Right to Integrity

The right of integrity has been called “the most important moral right.” The notion of the right to integrity is that since “the work of art is an expression of the artist’s personality so distortion, dismemberment or misrepresentation of the work mistreats an expression of the artist’s personality, affects his artistic identity, personality, and honor, and thus impairs a legally protected personality interest.”

The right provides authors with a right to “prohibit modifications of their works without their consent” regardless of whether “the modification would negatively impact or objectively improve the work.” In both France and Germany, the modification does not have to be detrimental to the author’s honor or reputation to qualify as a violation of the right. Both countries, however, have carve-outs that provide exceptions to this broad rule that apply in the context of modern works.

The right is said to provide the artist with general protection against “any and all substantive modifications.” Once a work has been sold or made public, this right allows the creator to insists that the work’s structural integrity “must not be violated by measures which could alter or distort it.”

As part of this right, the author is “deemed to be entitled to make changes in the work or to authorize others to do so.” In some countries, the right includes the ability to prevent the total destruction of the work. Notably, however, the U.S. does not recognize such protections, outside of the limited realm of works protected as visual art.

The author of copyright, literary, dramatic, musical or artistic work and the director of a film have the right not to have their work subjected to derogatory treatment. The treatment of workers will be derogatory if it amounts to distortion or mutilation of the work or is otherwise prejudicial to the honor or reputation of the author or director. The right exists to prevent injury to the owner and protect the reputation of an artist.[xiv]

Even if the author of a copyrighted work has assigned (legally transferred) or otherwise dealt with the rights in the work, this does not give the new owner of a copyright a free rein to deal with the work in any manner they think fit.

Most commercial agreements that deal with the copyright in a work also contain waivers of the moral right to object to derogatory treatment of the work. There are certain exceptions. For example, this right does not apply to computer programs or computer generated works or to works made for the purpose of reporting current events or to publication of a work in a newspaper, magazine, periodical or other reference work where the work has been made for such a purpose or was used with the author’s consent.

Other Subsidiary Rights

Outside of these two traditional moral rights categories, additional moral rights exist in some circumstances. These include the right to create a work, the right to publish a work, the right to withdraw a published work from a sale, the right to prevent “excessive” criticism of a work, and the right to prevent any other violation of the author’s personality. These additional moral rights are said to be protected under the dualist or “classical” French theory.

MORAL RIGHTS IN INDIA

Indian Position on Moral Rights:-

In the Indian Copyright Act, 1957, the provision related to moral rights has been given. Indian copyright does not directly provides moral rights to the author but it provides a special right to the author, that are moral rights. These rights are independent and parallel of the author’s economic rights. This provision is based on Article 6 bis of Bern Convention.[xv]

The language of Section 57 is of wide aptitude and includes not just literary works but also visual and audio manifestations. The moral rights are as follows:-

1. Paternity right (right to claim authorship of the work)

2. The integrity right (the right to protect his honour and reputation)

3. A general right (not to have a work falsely attributed to him)

The commissioner’s right of privacy in respect of photograph or film made fir private and domestic purpose. Under Section 57 of Indian copyright, on author has the right to claim the authorship of the work. He has also right to for restraining the infringement or to claim damages under section55.[xvi] The special protection of the copyright can be claimed even after the assignment of the copyright.

The author of a work has the right to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the work, if such distortion, mutilation, modification or other act is prejudicial to his honour or reputation. Moral rights are available to the authors even after the economic rights are assigned. (Section 57)

It is a statutory recognition of the special care with which the intellectual property is protected. The proviso to Section 57 states that the author will not have the right to restrain or claim damages in respect of any adaptation of a computer programme by a lawful possessor of a copy of a computer programme, to utilise the computer programme for which it was supplied and to make backup copies as a temporary protection against loss. By the proviso, this section also confers the special rights on the authors of computer programmes.[xvii]

A computer programme is defined to mean a set of instructions expressed in words, codes, scheme, or in any other form including a machine, or recordable medium capable of causing a computer to perform a particular task or achieve a particular result. (Section 2(ffc)

Under Section 57, the author has a right to restrain infringement or claim damages for infringement of the copyright. This section provides an exception to the rule that after an author has parted with his rights in favour of a publisher or other person, the latter alone is entitled to sue in respect of infringement. These rights are independent of the author’s copyright and the remedies open to the author under Section 55 (relating to infringement of a copyright).

Section 57 clearly overrides the terms of the contract of assignment of the copyright. The contract of assignment would be read subject to the provisions of Section 57 and the terms of the contract cannot negate the special rights and remedies guaranteed by Section 57. The assignee of a copyright cannot claim any rights or immunities based on the contract, which are inconsistent with the provisions of Section 57.

This section prohibits any distortion, mutilation or other modification of the author’s work. The words “other modification” are ejusdem generis with the word “distortion” and “mutilation”. The modification should not be so serious that the modified form of the work looks quite different work from the original. “Modification” in the sense of the perversion of the original, will amount to distortion or mutilation.[xviii]

The court has taken the view in the case of Mannu Bhandari vs. Kala Vikas Pictures Ltd.[xix]

In Manu Bhandari case, the dispute related to the author’s moral right came before the court. In this case the plaintiff, Mannu Bhandare is theauthor of Hindi novel ‘Aapka Bunty’ she assigned her some rights in raised objection about the title of the film which was resolved by the parties and the end of the film.

In the end of the novel, the child was admitted in a hostel by his natural father while in the film it was showed that the child died of starvation, the author said that it was against her integrity and honour. It was held that the contract of assignment has to be read subject to the provisions of Section 5.

It held that the remedy of a restraint order or damages can be claimed even after the assignment either wholly or partially of the said damages further it was held that Section 57. Clearly overrides the terms of the contract of assignment of the copyright.

Section 57(I) (c) prohibits any mutilation or distortion of the authors work. Section 27 provides the bundle of rights, which are in tune with the international agreements and the treaties.

In the case of K.P.M.Sundaram Vs. Rattan Prakashan Mandir[xx], the plaintiff had instituted the suit against the defendant’s for an injunction restraining them from prompting, publishing and the specified books, rendition and accounts for the illegal gains made by the defendants for all unauthorized publications and for damages under the provisions of Sections 5 and 57.

The plaintiff had granted sole and exclusive right to print, publish and exclusive right to print, publish and sell the work. Prima facie it was held that it did not assignee the copyright but created a revocable license in favour of defendants to publish and sell the works and the balance of favour to show the same. The defendant was restrained from printing. Publishing and selling the plaintiff till the disposal of the suit.[xxi]

Moral  rights  are  seldom  a  matter  of  legal  dispute.  One such a very far-reaching case is Amar Nath Sehgal v. Union of India & Anr.[xxii]

Mr. Amar NathSehgal is the world-renowned sculpturist and has been conferred with several awards for his beautiful creations and contribution to the Indian heritage. In the year 1957, the Government of India commissioned Mr. Sehgal for the creating bronze mural for the most prominent International Convention Hall in the Capital of the Country.

The Bronze sculpture of about 140ft. span and 40ft. sthe weep took five years to complete and was placed on the wall of the Lobby in the Convention hall. This embellishment on a national architecture became a part of the Indian art heritage.

The background of the present dispute was set in the year 1979 when the government pulled down the sculpture from the walls of ‘VigyanBhawan’ and dumped it in the storeroom.

When Mr. Sehgal came to know of this ill treatment, he made representations to the government authorities for restoration of the mural. Unfortunately, all his pleas fell on deaf ears. Aggrieved by the apathy of the government officials, Mr. Seghal filed a petition in the Delhi High Court for recognition and enforcement of his rights on the mural.[xxiii]

Contentions of the parties

Mr. Seghal contended that the mural created by him was a part of the national heritage and hence was valuable not only for him but for the entire country. The mutilation of the work was prejudicial to his reputation as it reduced the volume of the corpus of his work.

He further argued that where the right to integrity is violated, the remedy is not limited to injunction or damages. The author has the right to preserve the mutilated work as well. Mr. Sehgal contended that his suit was not barred by limitation as his moral rights subsist throughout his life. All through the interposing period of 13 years, he was seeking administrative relief.

Mr. Sehgal prayed for the relief of permanent injunction for restraining Union of India from further distorting or mutilating the mural and a sum of Rs. 50 lac as compensation for humiliation, hurt, injury and loss of reputation caused to him. Mr. Sehgal also prayed for a decree of delivery-up, directing UOI to return the mural to him and also bear the cost of such restoration.

UOI, on the other hand, argued that it was the owner of the mural and had the right to consign the work to the storeroom. The mural was taken from the Mr. Sehgal for a good consideration and therefore, he had no right over the mural. Also, the legal action was barred by limitation as the suit was filed after a period of 13 years from the date when the cause of action arose.

Issues for determination

The main issues for determination before the Court were (a) whether the suit was barred by limitation (b) whether Mr. Sehgal had moral right over the mural even when the copyright vested with the UOI (c) Has UOI infringed moral rights of Mr. Sehgal (d) whether Mr. Sehgal has suffered any damage (e) Relief.

Decision

On the question as to whether the suit was barred by limitation, the Court ruled that the correspondence between UOI and Mr. Sehgal contain the acknowledgement by the former of the right of the latter over the mural and therefore the suit is not barred by limitation. The Court examined at length the national and the international framework for the protection of the moral rights of the Author.

The Court was of the opinion that it is a narrow view the derogatory treatment of the creative work would mean deletion to, distortion, mutilation or modification to, or the use of the work in a setting which is entirely inappropriate. The broad view is that mutilation is nothing but the destruction of the work as to render it imperfect and is therefore prejudicial to the reputation of the author.

Recognizing the moral rights of the Mr. Sehgal over the Mural, PradeepNandrajog J. ruled: “mural whatever be its form today is too precious to be reduced to scrap and languish in the warehouse of the Government of India. It is only Mr. Sehgal who has the right to recreate his work and therefore has the right to receive the broken down mural.

He also has the right to be compensated for the loss of reputation, honour and mental injury due to the offending acts of UOI”.

The Court passed a mandatory injunction against the UOI directing it to return the mural to Mr. Sehgal within two weeks from the date of judgment. Court passed a declaration transferring all the rights over the mural from UOI to Mr. Sehgal and an absolute right to recreate the mural and sell the same. The Court also granted damages to the tune of Rs.5 lacs and cost of suit to Mr. Sehgal against UOI.[xxiv]

The Court has given a wide construction to the moral rights of the author under the copyright law. The Statute only provides for the grant of injunction and damages in cases where any distortion, mutilation, modification or other act in relation to the work if such distortion etc would be prejudicial to his honour or reputation. Court has read into the forgoing provision the right of the author to receive the copyrighted work for the purposes of restoration and sell it’.

The ratio of the case is establishes the proposition that ‘where the owner (not being the author) of the copyright work, treats the work in a manner that is prejudicial to the reputation and honour of the author, the Court may transfer all rights over the work to the author’.

Describing the aspects of moral rights protect the interest of author in maintain their standing and reputation. In India, the statues and the ruling of the courts indicate only integrity right and paternity rights as moral rights as far as India alone is concerned, though the legislation in this regard has been limited in the India statute on copyright but the courts are favouring a wider interpretation of these rights.

CONCLUSION

The moral rights required to be protected under the Berne Convention, Article 6bis are the “Right of Paternity” and the “Right of Integrity.” These rights have been primarily adopted from the civil law jurisdictions which are more author centric, like France and Germany.

They consider copyright to be more of a personal right of the author of the work, giving him credit for his intellectual effort and creativity. The Right of Paternity or Attribution gives the copyright owner a right to claim authorship of the work and the Right of Integrity gives the owner a right to prevent any distortion of the work which would be potentially harmful to the reputation and honour of the right holder.

Under the Right of Paternity, a copyright owner can claim due credit for any of his works. Thus, if a movie has been based on a book by an author, but he hasn’t been given due credit in it, he can sue the makers to acknowledge his work. The Right to Integrity would protect a right holder if someone distorted, mutilated or modified his work in a way that it is harmful for his reputation and name.

Economic rights can be licensed, but moral rights cannot. They remain with the author even if he has assigned or licensed his other rights. Therefore, altering or modifying any work may amount to infringement of an author’s Right of Integrity unless written consent has been obtained for the same or it is reasonable under the circumstances to do so. Moral rights are protected more vigilantly in civil law countries.

In fact, in the USA, moral rights are only recognized for visual works and not for literary or musical works. Moral rights are considered more of a part of the law of defamation relating to libel and slander and do not get much importance otherwise.

Describing the aspects of moral rights protect the interest of author in maintain their standing and reputation. In India, the statues and the ruling of the courts indicate only integrity right and paternity rights as moral rights as far as India alone is concerned, though the legislation in this regard has been limited in the India statute on copyright but the courts are favouring a wider interpretation of these rights.

Formatted on February 18th, 2019.

REFERENCES:

[i]http://www.un.org/en/documents/udhr/ as accessed on 25th Oct, 14.

[ii]http://www.law.cornell.edu/treaties/berne/6bis.html as accessed on 25th Oct, 14.

[iii]http://www.legalserviceindia.com/article/l195-Copyright-Law-in-India.html as accessed on 25th Oct, 14.

[iv] ibid

[v]http://www.legalservicesindia.com/article/article/author’s-moral-right-808-1.html as accessed on 25th Oct, 14.

[vi] ibid

[vii]http://spicyip.com/2008/01/moral-rights-under-copyright-laws-peep.html as accessed on 25th Oct, 14.

[viii]Wadhwa, Dr. B.L., “Law relating to Intellectual Property Rights”, Universal Law Publication Co., Fourth Edition.Pg. no. 303.

[ix] ibid

[x]Delhi High Court 2005 PTC (30) 253

[xi]Ahuja, V.K., “Law Relating To Intellectual Property Rights”, Lexis Nexis Publications, Second Edition, 2013.Pg. no. 80.

[xiii] Supra Note 5.

[xiv] Supra Note 10. Pg. no. 80

[xv]Ahuja, V.K., “Law Relating To Intellectual Property Rights”, Lexis Nexis Publications, Second Edition, 2013.Pg. no. 81.

[xvi]http://www.ebc-india.com/lawyer/articles/2003v8a3.htm as accessed on 25th Oct, 14.

[xvii]http://copyright.lawmatters.in/2010/07/getting-moral-rights-waived.html as accessed on 25th Oct, 14.

[xviii]Radhakrishnan, Dr. R., “Intellectual Property Right”, Excel Books India Ltd., First Edition, New Delhi, 2008. Pg. no. 155.

[xix] AIR 1987 Del 13.

[xx]AIR.1983 Del. 461

[xxi]http://bizandlegis.wordpress.com/2013/07/24/moral-rights-in-india/ as accessed on 25th Oct, 14.

[xxii]2005 (30) PTC 253

[xxiii]http://www.lawinfowire.com/articleinfo/amar-nath-sehgal-v-union-india-delhi-high-court-2005-ptc-30-253 as accessed on 25th Oct, 14.

[xxiv]http://indiankanoon.org/doc/1990275/as accessed on 25th Oct, 14.

2 Replies to “The Moral Rights of an Author”

  1. The author of a film is deemed to be the director, the screen writer, and the producer. If the producer is a company and there is no individual producer, the producer has no moral rights.[vii]

    [vii]http://spicyip.com/2008/01/moral-rights-under-copyright-laws-peep.html as accessed on 25th Oct, 14.

    Can you please verify the citation and clarify, as it seems to be incorrect.

  2. Thanks , I have just been searching for information about this subject for ages and yours is the greatest I have discovered so far. But, what about the bottom line? Are you sure about the source?

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