- Adv. Parag Kamani*
Every creator of work (“author”) gives rise to moral
rights, which are personal rights that are recognized in civil law
jurisdictions.
Simplistically speaking, moral rights create recognition when
the creator’s work is used, and the manner in which such work
is treated and/or depicted.
Moral rights have been explained under Section 57 of the
Copyright Act, 1957. Originally, the section focused on literary
works, initially resulting in authors of “other” works
with nothing to safeguard themselves with. However, following a
judgment in 1987, the Honourable Courts widened the scope of
Section 57 to include authors of other works as well. Hence, moral
rights since apply and protect original literary, dramatic, musical
and artistic works, cinematograph films, and sound recordings from
unauthorized uses. The relevant portion of the Act is reproduced
below –
