Moral and Economic Rights in Indian Copyright Law

Moral and Economic Rights in Indian Copyright Law. Copyright grants authors and artists both economic and moral rights, protecting their creative works, including books, films, paintings, music, and electronic databases. Economic rights arise from the commercial exploitation of copyrighted material, while moral rights stem from the personal connection between the creator and their work. Economic rights were recognized earlier, whereas moral rights gained importance in the 19th century.
Unlike economic rights, which can be sold or licensed, moral rights are inalienable they belong to the creator regardless of copyright ownership. However, moral rights can be waived under certain circumstances. This paper explores the legal framework of moral rights in India, the reasons for waiving them, and the potential consequences of such waivers.z
Copyright and Copyright Law in India
Historical and Legal Framework
Copyright law in India is governed by the Copyright Act, 1957, which has been amended multiple times, most notably in 1994 and 2012, to align with global treaties such as the Berne Convention and TRIPS Agreement. Initially, copyright laws were introduced to regulate the printing industry, ensuring authors retained control over their works.
The Berne Convention, to which India is a signatory, has significantly influenced India’s recognition of moral rights. In line with Article 6b of the Berne Convention, the Indian Copyright Act recognizes and protects moral rights independent of economic rights.
Two major legal traditions influence copyright laws:
1. Common Law Approach (Anglo-American) – Focuses on the economic benefits of copyright, allowing licensing, selling, or transferring copyright ownership.
2. Civil Law Approach (Continental Europe, India) – Views copyright as an extension of authorial personality, ensuring that creators retain moral rights even after selling their work.
Under Section 57 of the Indian Copyright Act, 1957, moral rights are explicitly protected, ensuring that creators can claim authorship and prevent distortions of their work.
Moral Rights in Indian Copyright Law
What Are Moral Rights?
Moral rights ensure an artist’s identity, reputation, and integrity are protected under the law. Even if a creator sells the copyright, their moral rights remain intact unless waived.
According to Section 57 of the Copyright Act, 1957, moral rights in India include:
1. Right of Paternity – The creator has the right to be identified as the author.
2. Right of Integrity – The creator can prevent modifications, distortions, or derogatory treatment of their work.
Moral rights extend beyond economic interests, ensuring that an author’s personal connection to their work remains intact. This is particularly important in India, where art, literature, and film industries thrive and authors often face risks of unauthorized modifications to their creations.
Judicial Recognition of Moral Rights in India
Indian courts have consistently upheld moral rights, reinforcing their importance in creative industries.
Landmark Case: Amar Nath Sehgal v. Union of India (2005)
In this case, the renowned sculptor Amar Nath Sehgal sued the Government of India for the mutilation of his artwork, which was removed from the Vigyan Bhavan in New Delhi. The Delhi High Court ruled in favor of Sehgal, recognizing that moral rights protect an artist’s reputation, and ordered compensation for the damage done.
This case strengthened moral rights protection in India, proving that even state actions cannot infringe upon an artist’s moral rights.
These cases establish that moral rights are fundamental to India's copyright framework and should not be waived lightly.
When Can Moral Rights Be Waived?
Despite their inalienable nature, moral rights can be waived in writing. This occurs when:
• Artists sign contracts with publishers or film producers.
• Employees assign their creative works to employers.
• Authors prioritize financial gain over long-term reputation.
Waivers are legally enforceable if explicitly mentioned in a contract. However, courts may scrutinize such waivers to determine if they are fair and just.
Why Do Authors Waive Their Moral Rights?
1. Commercial Pressures – Many young authors and artists sign away their rights in return for publishing deals or employment security.
2. Film and Music Industry Contracts – In Bollywood, contracts often require directors, screenwriters, and lyricists to waive moral rights.
3. Employment Contracts – Corporate employees working on marketing campaigns or digital content often sign contracts that include a waiver of moral rights.
The Consequences of Waiving Moral Rights in India
1. Loss of Attribution – The artist may lose credit for their work.
2. Distortion or Misrepresentation – Publishers or producers can modify the work without consent.
3. Damage to Reputation – The public may associate a distorted version with the original creator.
4. Legal Limitations – Once waived, the author cannot claim infringement of moral rights in court.
Conclusion
 Authors and artists should exercise caution when signing contracts, as waiving moral rights does not provide financial benefits in the long term. While economic rights are valuable, moral rights preserve artistic integrity and legacy.In India, courts strongly protect moral rights, making it difficult for publishers or employers to enforce unfair waivers. Given the legal precedents and cultural significance of creative work, artists should retain their moral rights whenever possible.For emerging writers, filmmakers, and musicians, waiving moral rights might seem like a necessity for career advancement. However, the long-term risks loss of recognition, misrepresentation, and damage to credibility far outweigh any short-term economic benefits.
FAQ's
Q1. What are economic and moral rights in copyright?
Ans.• Economic rights allow an author or creator to commercially exploit their work by selling, licensing, or transferring ownership.
• Moral rights protect the author’s personal connection to their work, including the right to attribution and the right to prevent distortion or misrepresentation.
Q2. What is the difference between economic rights and moral rights?
Ans.• Economic rights can be sold, licensed, or transferred, providing financial benefits.
• Moral rights are personal to the creator and cannot be transferred, but they can be waived in writing.
Q3. How long do moral rights last in India?
Ans. Moral rights remain valid throughout the author's lifetime and for 70 years after their death.
Q4. Are moral rights and copyright the same?
Ans. No. Copyright includes both economic and moral rights. While economic rights focus on commercial use, moral rights protect an author’s personal and artistic integrity.
Q5. What law protects moral rights in India?
Ans. Section 57 of the Copyright Act, 1957 protects moral rights in India. It allows an author to claim authorship and prevent distortion or mutilation of their work.
Q6. Can an author prevent modifications to their work after selling the copyright?
Ans. Yes. Even if economic rights are sold, the author retains moral rights and can object to unauthorized modifications of their work.
Q7. Can moral rights be inherited?
Ans. Yes. After an author's death, moral rights pass to their heirs for 70 years.
Q8. Can a publisher remove my name from my book if they own the copyright?
Ans. No. The right of paternity ensures that an author is credited for their work, even if they no longer hold the copyright.

Copyright grants authors and artists both economic and moral rights, protecting their creative works, including books, films, paintings, music, and electronic databases. Economic rights arise from the commercial exploitation of copyrighted material, while moral rights stem from the personal connection between the creator and their work. Economic rights were recognized earlier, whereas moral rights gained importance in the 19th century.

Unlike economic rights, which can be sold or licensed, moral rights are inalienable they belong to the creator regardless of copyright ownership. However, moral rights can be waived under certain circumstances. This paper explores the legal framework of moral rights in India, the reasons for waiving them, and the potential consequences of such waivers.z

Copyright and Copyright Law in India

Historical and Legal Framework

Copyright law in India is governed by the Copyright Act, 1957, which has been amended multiple times, most notably in 1994 and 2012, to align with global treaties such as the Berne Convention and TRIPS Agreement. Initially, copyright laws were introduced to regulate the printing industry, ensuring authors retained control over their works.

The Berne Convention, to which India is a signatory, has significantly influenced India’s recognition of moral rights. In line with Article 6b of the Berne Convention, the Indian Copyright Act recognizes and protects moral rights independent of economic rights.

Two major legal traditions influence copyright laws:

1. Common Law Approach (Anglo-American) – Focuses on the economic benefits of copyright, allowing licensing, selling, or transferring copyright ownership.

2. Civil Law Approach (Continental Europe, India) – Views copyright as an extension of authorial personality, ensuring that creators retain moral rights even after selling their work.

Under Section 57 of the Indian Copyright Act, 1957, moral rights are explicitly protected, ensuring that creators can claim authorship and prevent distortions of their work.

Moral Rights in Indian Copyright Law

What Are Moral Rights?

Moral rights ensure an artist’s identity, reputation, and integrity are protected under the law. Even if a creator sells the copyright, their moral rights remain intact unless waived.

According to Section 57 of the Copyright Act, 1957, moral rights in India include:

1. Right of Paternity – The creator has the right to be identified as the author.

2. Right of Integrity – The creator can prevent modifications, distortions, or derogatory treatment of their work.

Moral rights extend beyond economic interests, ensuring that an author’s personal connection to their work remains intact. This is particularly important in India, where art, literature, and film industries thrive and authors often face risks of unauthorized modifications to their creations.

Judicial Recognition of Moral Rights in India

Indian courts have consistently upheld moral rights, reinforcing their importance in creative industries.

Landmark Case: Amar Nath Sehgal v. Union of India (2005)

In this case, the renowned sculptor Amar Nath Sehgal sued the Government of India for the mutilation of his artwork, which was removed from the Vigyan Bhavan in New Delhi. The Delhi High Court ruled in favor of Sehgal, recognizing that moral rights protect an artist’s reputation, and ordered compensation for the damage done.

This case strengthened moral rights protection in India, proving that even state actions cannot infringe upon an artist’s moral rights.

These cases establish that moral rights are fundamental to India's copyright framework and should not be waived lightly.

When Can Moral Rights Be Waived?

Despite their inalienable nature, moral rights can be waived in writing. This occurs when:

• Artists sign contracts with publishers or film producers.

• Employees assign their creative works to employers.

• Authors prioritize financial gain over long-term reputation.

Waivers are legally enforceable if explicitly mentioned in a contract. However, courts may scrutinize such waivers to determine if they are fair and just.

Why Do Authors Waive Their Moral Rights?

1. Commercial Pressures – Many young authors and artists sign away their rights in return for publishing deals or employment security.

2. Film and Music Industry Contracts – In Bollywood, contracts often require directors, screenwriters, and lyricists to waive moral rights.

3. Employment Contracts – Corporate employees working on marketing campaigns or digital content often sign contracts that include a waiver of moral rights.

The Consequences of Waiving Moral Rights in India

1. Loss of Attribution – The artist may lose credit for their work.

2. Distortion or Misrepresentation – Publishers or producers can modify the work without consent.

3. Damage to Reputation – The public may associate a distorted version with the original creator.

4. Legal Limitations – Once waived, the author cannot claim infringement of moral rights in court.

Conclusion

Authors and artists should exercise caution when signing contracts, as waiving moral rights does not provide financial benefits in the long term. While economic rights are valuable, moral rights preserve artistic integrity and legacy.In India, courts strongly protect moral rights, making it difficult for publishers or employers to enforce unfair waivers. Given the legal precedents and cultural significance of creative work, artists should retain their moral rights whenever possible.For emerging writers, filmmakers, and musicians, waiving moral rights might seem like a necessity for career advancement. However, the long-term risks loss of recognition, misrepresentation, and damage to credibility far outweigh any short-term economic benefits.

FAQ's

Q1. What are economic and moral rights in copyright?

Ans.• Economic rights allow an author or creator to commercially exploit their work by selling, licensing, or transferring ownership.

• Moral rights protect the author’s personal connection to their work, including the right to attribution and the right to prevent distortion or misrepresentation.

Q2. What is the difference between economic rights and moral rights?

Ans.• Economic rights can be sold, licensed, or transferred, providing financial benefits.

• Moral rights are personal to the creator and cannot be transferred, but they can be waived in writing.

Q3. How long do moral rights last in India?

Ans. Moral rights remain valid throughout the author's lifetime and for 70 years after their death.

Q4. Are moral rights and copyright the same?

Ans. No. Copyright includes both economic and moral rights. While economic rights focus on commercial use, moral rights protect an author’s personal and artistic integrity.

Q5. What law protects moral rights in India?

Ans. Section 57 of the Copyright Act, 1957 protects moral rights in India. It allows an author to claim authorship and prevent distortion or mutilation of their work.

Q6. Can an author prevent modifications to their work after selling the copyright?

Ans. Yes. Even if economic rights are sold, the author retains moral rights and can object to unauthorized modifications of their work.

Q7. Can moral rights be inherited?

Ans. Yes. After an author's death, moral rights pass to their heirs for 70 years.

Q8. Can a publisher remove my name from my book if they own the copyright?

Ans. No. The right of paternity ensures that an author is credited for their work, even if they no longer hold the copyright.