Moral Rights of Authors (Section 57)

Right to Paternity (Right to claim authorship)

Recognition as the creator of the work

The right to paternity allows the author to claim authorship of their work. This ensures that the author's name is associated with the work and is acknowledged wherever it is used, published, or displayed.

Example 1. An artist’s painting is displayed in an exhibition without crediting them.

Answer:

The artist can enforce their right to paternity and demand acknowledgment of their authorship under Section 57.

Right to Integrity (Right to restrain distortion, mutilation, or modification)

Protection against derogatory treatment of the work

This right allows the author to prevent any distortion, mutilation, or other modification of their work that would be prejudicial to their honour or reputation. It safeguards the personal connection of the author with their creation.

Example 2. A filmmaker’s short film is altered and posted online with inappropriate scenes added.

Answer:

The filmmaker can take legal action under the right to integrity for unauthorized distortion of the original work.

Inalienability of Moral Rights

Moral rights remain with the author even after assignment of copyright

Unlike economic rights, moral rights cannot be transferred or waived. Even if the copyright is assigned to another person, the author retains their right to be identified as the creator and to object to any distortion or modification of the work.

Example 3. An author sells the copyright of their novel to a publisher, who then modifies key parts without consent.

Answer:

The author can still object under Section 57 based on their moral rights, as these rights are inalienable and independent of ownership.

Remedies for Copyright Infringement

Civil Remedies

Injunction

The court may grant an injunction to restrain the infringer from continuing the unlawful activity. This is one of the most commonly granted remedies in copyright infringement cases.

Damages

The copyright holder may claim monetary compensation for the losses suffered due to infringement.

Account of Profits

Instead of damages, the copyright owner may seek the profits made by the infringer from the use of the copyrighted work.

Delivery up of infringing copies

The court may order the infringer to hand over all infringing copies and equipment used to produce them for destruction or disposal.

Example 1. A publisher reproduces and sells copies of a copyrighted novel without the author's consent.

Answer:

The author may seek an injunction to stop the sales, claim damages, and demand the delivery up of all infringing copies.

Criminal Remedies (Section 63, 63A, 64)

Imprisonment and Fine

Any person who knowingly infringes or abets infringement of copyright is punishable with imprisonment (which may extend up to 3 years) and a fine (which may extend up to ₹2,00,000).

Power of Police to seize infringing copies

Under Section 64, any police officer not below the rank of sub-inspector may seize infringing copies without a warrant and produce them before a magistrate.

Example 2. A shop sells pirated DVDs of a popular film.

Answer:

The police can seize the pirated DVDs, and the shopkeeper may face imprisonment and fine under Sections 63 and 63A.

Border Measures

Suspension of clearance of infringing goods at ports

Copyright holders can register their works with Customs authorities. If infringing goods are detected at the border, their import/export can be blocked under border enforcement measures as per IPR (Imported Goods) Enforcement Rules, 2007.

Example 3. A shipment containing unauthorized printed copies of a textbook is about to be imported into India.

Answer:

Customs authorities can suspend the clearance of the shipment and notify the copyright holder for further action.