Question
Section 57 of the Copyright Act, 1957 deals with the
"Author's Special Rights." Which two moral rights are conferred upon the author under this section, and what is their unique characteristic?Solution
Section 57 of the Copyright Act, 1957 confers two moral rights (also called droit moral) upon the author: (i) the Right of Paternity the right to claim authorship of the work; and (ii) the Right of Integrity the right to restrain or claim damages for any distortion, mutilation, modification, or other act in relation to the work that would be prejudicial to the author's honour or reputation. The unique and defining characteristic of these rights is that they subsist even after the author has assigned their copyright to another moral rights are inalienable and exist in perpetuity, unlike economic rights which are transferable. The landmark case of Amar Nath Sehgal v. Union of India (2005), decided by the Delhi High Court, is the most celebrated Indian judgment on moral rights, where the court ordered restoration of a sculptor's mural that the Government had dismantled and stored. These rights are rooted in Article 6bis of the Berne Convention, which India incorporated into domestic law through Section 57.
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