CONCEPT OF MORAL RIGHT
INTRODUCTION:
In berne convention 1886, first time moral right was evolved for the protection of author after exhausting the economical right. In INDIA the concept of moral right has inserted in sec 57 of the copy right act ,1957 which is in accordance with the article 6bis of the berne convention. They are the author creators special right which include right to publication, right to paternity and right to integrity. Moral right has been given to the author as a special right when author exhaust his or her economical right then moral right grant protection.
SECTION 57:AUTHOR’S SPECIAL RIGHT.
- Independently of the authors copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have 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 said work 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 or 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.]
- The right conferred upon an author of a work by sub-section (1), may be exercised by the legal representatives of the author.
KINDS OF MORAL RIGHT:
- RIGHT OF PATERNITY: The Right of Paternity Is Deals with The Right an Owner of Copy Right to Claim and Prevent Others to Claim the Ownership of His Copy Right Work Is Said to Be a Right of Paternity.
CASE:SHOLAY MEDIA ENTERTAINMENT AND PRIVATED LTD. VS PRAG M.SANGHAVI.
It was the landmark judgement delivered on the right of paternity of the copy right owner where the court granted protection of the title of the movie which made the defendant to replace his movie title which cause damage to the culture of the movie ‘’Sholay’’ since it was deceptively similar with the name.
- RIGHT TO INTEGRITY: The Right of The Owner of The Copy Right to Protect the Reputation of His Own Work from Exploitation Is Called Right to Paternity. It Helps To Protect The Reputation Which Were Attached To The Work Of The Author.
- RIGHT TO RETRACTION: Simply means waving of granted right of the shake of protection of reputation of integrity. This was explained in the relevant case of copy right law that is Amarnath Sehgal vs. U.O.I.
CASE LAWS: RELATED TO MORAL RIGHT.
- MANU BHANDARI VS. KALA VIKAS PICTURES PVT. LTD.
In this case the plaintiff a Hindu writer had assigned writes over her novel “aap ka banty’’ to the defendant for the producing a movie.
The defendant produces a movie called“ Samay ki Dhara’’ based on the novel.
The plaintiff argued that the movie and novel were based on the defendant plots which harmed her reputation as a writer and filed a suit for permanent injunction in the court.
The court held that even though the plaintiff had transferred all her right to the defendant, she still had moral right over the work.
Moral right is not only in literary work but also apply to the films and documentary.
- AMARNATH SEHGAL VS. U.O.I.
In this case the plaintiff was appointed by the ministry of works , housing and supplies to prepare a mural for India’s first convention centre vigyan Bhawan.
The mural attracted visitor from around the world ,after some years vigyan Bhawan underwent a renovation and the mural had to be pull down.
When the plaintiff come to know about this mural, he claims damages for government. The mural was damages due to negligent behaviour of the government so the plaintiff sued the government of India under section 57 of the copy right act, 1957.
The defendant had argued that the plaintiff had no position to claim damages as he had transferred his copy right and economic right to them. They also had the right to destroyed the work .
The court held that even though the plaintiff had transferred copyright to the defendant he has possessed special right to claim damages and court grant protection under 57 of the acts. And govt. Is liable to pay compensation to the author.
CONCLUSION:
Moral right is a special right which are provided under sec 57 of the copyright act. It arises when the author exhausts his economical right.IT WAS also provided under berne convention under article 6bis for the protection of the author.
AUTHOR : VANDANA KUMARI, a Student of GAUTAM BUDDHA UNIVERSITY
