PPTMoral Rights

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Introduction
Moral rights are a set of rights granted to authors and creators of
copyrighted works that protect their non-economic interests and personal
connection to their creations. Unlike economic rights, which focus on the
financial aspects of copyright, moral rights emphasize the creator's right to
be recognized as the author and to maintain the integrity of their work.
Kinds of Moral Rights:

1. Right of Attribution (Paternity): This right ensures that the author is
credited for their work. It allows the author to be identified or
acknowledged as the creator whenever their work is published, displayed,
performed, or reproduced.
2. Right of Integrity: The right of integrity safeguards the author's right to
prevent any distortion, modification, mutilation, or other derogatory actions
that may harm the author's reputation or the integrity of the work. It helps
maintain the original form and presentation of the work.
3. Right of Disclosure: This right provides authors with the option to decide
when and how their work should be made available to the public. It allows
authors to control the timing and manner of disclosure of their work.
Generality of Moral Rights
It's important to note that the existence and scope of moral rights can vary
depending on the country and its legal system. In some jurisdictions, such
as the United States, moral rights are not as extensively protected as in
certain European countries or under international agreements like the
Berne Convention for the Protection of Literary and Artistic Works.
Moral rights typically last for the same duration as economic rights, but in
some cases, they may be perpetual or pass to the author's heirs even after
the economic rights have expired or been transferred.
While moral rights aim to protect the author's non-economic interests, it's
essential to strike a balance between moral rights and the rights of users,
such as freedom of expression, transformative use, and the public's interest
in accessing and enjoying creative works.
Moral Rights under Indian Copyright Law
Under the Indian Copyright Act, 1957, moral rights are recognized and
protected through the provision of the right of attribution and the right of
integrity. These rights are enshrined in Section 57 of the Act, which
specifically deals with the moral rights of authors.
1. Right of Attribution (Section 57(a)): This right ensures that the author of a
work is attributed or acknowledged whenever their work is published,
performed, exhibited, or reproduced. It grants the author the right to claim
authorship of the work and prevent others from being attributed falsely as
the author.
2. Right of Integrity (Section 57(b)): The right of integrity protects the author's
right to prevent any distortion, mutilation, modification, or other
derogatory actions that may harm the author's reputation or the integrity
of the work. It allows the author to object to any alteration or treatment of
their work that is prejudicial to their honor or reputation.
Nature of Moral Rights under Indian Law
Under the Indian Copyright Act, moral rights are considered to be

independent of economic rights, meaning that even if the economic rights
are assigned or licensed to another party, the moral rights still remain with
the author. Moral rights are generally non-transferable and cannot be
assigned to someone else, except in certain limited circumstances.
The duration of moral rights in India is generally the same as the term of
copyright protection, which is the lifetime of the author plus 60 years after
their death. After the author's death, moral rights may be enforced by their
legal heirs or representatives.
It's important to note that the Indian Copyright Act provides for civil
remedies for the violation of moral rights. If an author's moral rights are
infringed, they can seek injunctions, damages, and other appropriate relief
from the court.
Key Judgment on Moral Rights under the Indian Copyright Law
Under the Indian Copyright Act, 1957, several provisions address moral
rights, which are the rights of authors to protect the integrity of their work
and be recognized as the creator. Here are some key judgments related to
moral rights in India:
1. Amar Nath Sehgal v. Union of India (2005): This case recognized the
importance of an artist's moral rights. The court held that the destruction of
an artist's mural painting violated his moral rights, even though he had sold
the physical artwork. The judgment emphasized the significance of
protecting an artist's reputation and integrity.
2. Indian Performing Right Society Limited v. Eastern Indian Motion
Pictures Association (2012): This case affirmed that moral rights are
separate from economic rights. The court held that a composer has the
moral right to object to changes or mutilation of his musical work, even if
the economic rights have been assigned to someone else.
3. Krishika Lulla & Anr v. Shyam Vithalrao Devkatta (2016): This case
recognized the moral rights of scriptwriters. The court held that the author's
right to be recognized as the author of the script and to object to distortion
or modification of the work is an integral part of their moral rights.
4. R.G. Anand v. M/s. Delux Films & Ors. (1978): Although not specific to
moral rights, this case established the principle of protecting an author's
reputation and preventing derogatory treatment of their work. The court
stated that an author's right to protect their work extends beyond
economic rights and includes the right to prevent distortion or mutilation
of the work.
These judgments highlight the significance of moral rights in the Indian

copyright framework and emphasize the need to protect the integrity and
reputation of authors and creators. It's important to note that the
interpretation of moral rights may evolve through subsequent judgments
and legislative amendments.

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PPTMoral Rights

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Content for Presentation IPR

Kinds of Moral Rights:

Generality of Moral Rights

Nature of Moral Rights under Indian Law

Under the Indian Copyright Act, moral rights are considered to be

These judgments highlight the significance of moral rights in the Indian

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