Balancing Commerce And Creativity: Economic And Moral Rights In Copyright Law

Introduction

The Copyright Act, 1957 (hereinafter referred to as "the Act") governs the protection of creative works in India and extends beyond the mere concept of copyright ownership. Every copyrighted work involves two essential actors the author and the owner. These two entities are vested with distinct sets of rights, namely moral rights and economic rights, respectively. Although these rights may sometimes vest in the same person, they are never identical in nature or scope. Economic rights are proprietary rights held by the copyright owner for a specific statutory duration, whereas moral rights are personal rights that permanently remain with the author. This article examines the concept, scope, and evolution of economic and moral rights under Indian copyright law, supported by judicial interpretations and international conventions.