Section 57 of Copyright Law in India gives authors special rights called moral rights. These rights protect an author’s honor and reputation, even after they sell or share their workIt is important to understand Section 57 because it relates to contracts, ownership transfers, and fixing violations. This article explains Section 57 of Copyright Act and covers its rules, history, court cases, and importance in balancing creative control with business needs. Moral rights differ from economic rights, which authors can sell or license. Moral rights stay with the author forever. They focus on the personal value of creating, not money. Passed in 1957, Section 57 has been updated to match global standards. It helps authors fight against changes or misuses of their work that hurt their reputation.
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Detailed Provisions of Section 57 of Copyright Act
Section 57 of Copyright Act, called "Author's Special Rights," gives two main moral rights: the right to paternity and the right to integrity. These rights work even if the author sells their copyright. They last forever.
Right to Paternity
Section 57(1)(a) lets authors claim credit for their work. They can demand their name appears when their work is published, performed, or copied. For example, authors can insist on their name in book credits or movie titles to avoid false or missing credits. The law says failing to show the work or disliking how it’s shown doesn’t break this right. This helps in fields like film or software, where many people work together. After the author dies, their heirs can claim this right under Section 57(2).
Right to Integrity
Section 57(1)(b) allows authors to stop or seek compensation for changes that harm their reputation. This includes edits, cuts or distortions that hurt how people see the author. For example, changing a book’s story or cropping a painting could violate this right. A special rule says changes to computer programs for backups or compatibility don’t count as violations. This balances tech needs with creative rights. Since 2012, this right lasts forever, even after the work became public. Heirs can also use this right to protect the author’s legacy.
Historical Background and Evolution
Moral rights began with the Berne Convention of 1886. Article 6bis of this treaty says countries must protect an author’s right to be named as the creator and to stop harmful changes to their work. India, a member of the Convention, added these ideas to Section 57 of the Copyright Act, 1957.
At first, Section 57 of Copyright Act only protected against harmful changes during the copyright period. The 2012 amendment made a big difference. It removed the time limit, so authors or their heirs can protect their work forever. It also let heirs claim authorship and ownership rights after the author’s death. These changes show India’s effort to strengthen author protections in a world of digital sharing and global reach. Section 57 now supports creators in fields like books, movies, and buildings.
Learn about the Nature of Copyright
Judicial Interpretations on Section 57 of Copyright Act
Courts have explained Section 57 of Copyright Act through important cases. These show how moral rights work in real life, often putting the author’s vision above business needs along with expanding moral rights to new areas while deciding what “harmful” means based on evidence.
Amar Nath Sehgal v. Union of India (2005)
In this case, Amar Nath Sehgal (sculptor) sued the government. They had dismantled and stored his mural without permission. The Delhi High Court said the dismantling of his mural without permission infringed his right to integrity under Section 57 of Copyright Act, even after he sold the work. The court ordered the mural’s return or payment for damages. This case set a standard for protecting art, showing moral rights can’t be taken away.
Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd. (1986)
Author Mannu Bhandari objected to the changes in a film based on her novel. She said the changes in the film affected her reputation. The Supreme Court ruled that only major harmful changes violate Section 57, not small differences in adaptations. This case balanced creative freedom in movies with protecting authors which affected how film industry uses these books.
Sajeev Pillai v. Venukunnapalli (2019)
A scriptwriter claimed moral rights after a film changed his script. The Kerala High Court said Section 57 of Copyright Act applies even after selling the work. It stopped harmful changes. This case highlighted Section 57’s role in the film industry, where selling rights is common.
Summary
Section 57 of Copyright Act, 1957 protects the moral rights of the authors. It ensures the dignity of creators through rights to claim credit and prevent harmful changes. Caselaws and global alignment makes the interpretation of Section 57 stronger, while limitations like fair use keep it practical. As digital technology grows, Section 57 will remain vital. Understanding it helps lawyers protect both the economic and personal value of creative work.
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Section 57 of Copyright Act: FAQs
Q1. What is Section 57 of the Copyright Act?
Section 57 of the Copyright Act, 1957, grants authors special rights to claim authorship and protect their work from distortion or modification that harms their reputation.
Q2. What are the moral rights under the Copyright Act 57?
Moral rights under Section 57 include the right to claim authorship and prevent distortion, mutilation, or modification of a work that could harm the author’s reputation.
Q3. What are the moral rights under Section 57?
These are the rights to claim authorship of a work and to object to any changes or actions that could damage the author’s honor or reputation.
Q4. What is Section 52(1)(za) of the Copyright Act, 1957?
Section 52(1)(za) allows the use of copyrighted works in bona fide religious or official ceremonies, including marriage processions and related social festivities, without infringing copyright.
Q5. What is Section 57 of the Trademark Act?
Section 57 of the Trademark Act, 1999, allows the Registrar or a court to cancel or vary the registration of a trademark if it was wrongly registered or violates the Act.
