MORAL RIGHTS IN A COPYRIGHT

Copyright law protects the rights of original creator like authors, or can be broadly called as writers, painters, architects, photographers, sculptures, filmmakers, designers, musicians and others who create original creative works.

MORAL RIGHTS IN A COPYRIGHT

Copyright law protects the rights of original creator like authors, or can be broadly called as writers, painters, architects, photographers, sculptures, filmmakers, designers, musicians and others who create original creative works. The law mainly defines the rights of authors known as intellectual property rights or copyrights. Such a creative work is the property of the creator, and others cannot use it without the author's permission or prior authorisation,. Copyright law also includes a category of rights known as moral rights. If someone gets the permission to use a copyrighted content, they  must make sure to protect the moral rights of the author as well as the copyrights rights that are possessed. The economic rights gives the authorisation to someone for selling access to a creative work, or otherwise use it for profit.  The moral rights let someone control how a creative work can be used in non-economic ways.

 

The provisions for Moral rights are prescribed under Section 57 of the Copyright Act, 1957. This is in accordance with Article 6bis of the Berne Convention. These are the special rights of authors or creators that include the right to paternity and the right to integrity. The right to paternity is the author’s right to claim ownership over his work and have his attributed to the content. On the other hand, the right to integrity allows the author to refrain or claim damages in the event of any infringement, such as distortion, mutilation, modification or any other inappropriate changes done to his work. However, it is essential that such action shall prejudice the honor and reputation of the creator or author. Such an act shall be done before the expiration of the term of copyright in the work. Initially this was intended to protect literals work only. However later on, moral rights were extended to artistic, musical, dramatic and cinematograph films as well.

In 1957, the Government of India commissioned  Mr. Sehgal to create a bronze mural to be placed Vigyan Bhavan. This is one of the most prominent and important International Convention Hall in Delhi. The bronze sculpture in question was about 140 ft. span and 40 ft. sweep and had taken five years to complete. After it was completed it was supposed to be placed on the wall of the Lobby in the convention Hall. This statue  on a national architecture became a part of the Indian art heritage.However, in 1979, the mural was pulled down and consigned to the storeroom of the Union without notice or permission or authorization of Mr. Sehgal. When Mr. Sehgal came to know of this ill treatment, he made representations to the government authorities for restoration of the mural, to no avail. The main issue that arose was whether Mr Sehgal had the authority over the statue once he signed over the consignment to the person for whom it was made.

This case of Amarnath Sehgal v. Union of India brought to the frontline  the debate about  the moral rights of authors and creators. The petitioner filed a petition under Section 57 of the Indian Copyright Act before the Delhi High Court claiming  for infringement of his moral rights. He asked for an apology from the defendants, and claimed a  permanent injunction on the defendants to restrain them from distorting, mutilating or damaging the plaintiff's hard work and creation  and damages to the tune of INR50 Lacs. The court accepted his claim and ordered the defendants to pay the same. Therefore an important thing to note from this case is that despite the transfer or sale of a copyrighted work from the creator to another person, all the rights of the creator do not get exhausted.. The creator still has  his/her moral rights that can be enforced whenever and wherever they need be.

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

The dispute was related to author's moral right. In this case the plaintiff, is a author of Hindi novel 'Aap ka 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 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, according to the provisions of section 5, the assignment contract must be read. It held that the relief of a restraining order or damages could be sought even after the distribution of the said damages, either entirely or in part, furthermore, it was held that section 57. It explicitly overrides the provisions of the copyright assignment contract.

 

-Raksha Singhal