Moral Rights of Authors in Copyright Law: An International and Indian Perspective

Rahul Dhoble

Abstract

This paper examines the concept of author’s moral rights and their evolution within international and Indian copyright frameworks. Moral rights, rooted in the French doctrine of droit moral, emphasize the personal and reputational bond between authors and their creations, distinct from economic rights. The Berne Convention, particularly Article 6bis, recognizes these rights as independent and enduring, granting authors the right of attribution and integrity even after the transfer of economic rights. The study explores key components of moral rights, including the right of publication, paternity, and integrity, while comparing their treatment in French, German, and other legal systems. Within the Indian legal framework, moral rights are expressly recognized under Section 57 of the Copyright Act, 1957, which empowers authors to assert their authorship and protect their works from distortion, mutilation, or any prejudicial modification. Over time, judicial pronouncements—most notably in Mannu Bhandari v. Kala Vikas Pictures [4] and K.P.M. Sundhram v. Rattan Prakashan [8] Mandir—have played a crucial role in broadening the interpretation and application of these rights. Nevertheless, subsequent legislative changes, particularly those introduced after 1984, have curtailed their duration by linking them to the subsistence of copyright. As a result, unlike in certain jurisdictions where moral rights may continue indefinitely, Indian law imposes temporal limitations on their enforcement. The paper highlights the tension between international harmonization and domestic legal approaches, emphasizing the need to strengthen moral rights protection. It concludes that safeguarding moral rights is essential for preserving cultural values, authorial identity, and creative integrity in an increasingly commercialized intellectual property regime.

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