Does Acquiring Copyright Allow You To Modify Their Work?

When an artist creates, he expresses an idea. Whether it gets the form of a painting, an image, a motion picture, or in any other written form, that idea comes from the artist, by the artist, and must get protected. In this case, the identity of the entity that sponsored or provided the means for its production should not affect and be unrelated to the determination of ownership in the production process.

In India, writers or any artist get certain moral rights that protect their work from being corrupted or mutilated, or distorted even if they have already signed a copyright agreement. Moral rights represent social values ​​relating to ownership, creativity, and work of art. It comes from the belief that the creation of art is more than just an effort to make a living.

These rights are based on the premise that the author's work provides a valuable service to society. It sees the efforts and work of the author as more important than any economic means of an individual.

Moral rights apply to:

• Literary works such as most written material and including computer programs

• Artistic works such as photographs, sketches, plans, maps, paintings, three-dimensional works from pottery to statuary and buildings, craftwork and murals

• Musical works

• Dramatic works such as plays and screenplays

• Cinematograph films both feature films and documentaries, as well as television programs, commercials, and music videos.

Moral rights remain synonymous with copyright protection. The timeline extends usually for the author's lifetime plus 70 years. In films, copyright lasts for 70 years after its first publication but copyright expires when authors die.

In the Indian Copyright Act, 1957, a provision relating to moral rights is provided. India's copyright not only gives the author moral rights but also gives him special copyright, which is moral rights. These rights are independent as well as parallel to the economic rights of the author.

Under section 57 of the Indian Copyright Act, 1957, the author has the right to claim ownership of the work. They also have the right to prevent violations or to seek damages under section 55. Special copyright protection may be claimed even if a patent is granted.

Section 57 language is broad and includes not only writing activities but also visual and audio demonstrations. The following moral rights are: -

1. Paternity right (right to claim authorship of the work)

2. The integrity right (the right to protect his honor and reputation)

3. A general right (not to have a work falsely attributed to him)

The first case to be settled in respect of the author's copyright was Manu Bhandari vs Kala Vikas Pictures Ltd. It stated that a remedy for a restraining order or damages could be sought even if the allocation was given in full or part of the said ongoing damages held that section 57.

Defining aspects of moral rights protect the author's interest in maintaining their status and reputation. In India, the images and court decisions only reflect the rights of the father and the rights of the father as a moral right to go to India alone, although the law is limited to India's copyright law the courts prefer a broad interpretation of these rights. Therefore, authors have the right to prevent any distortions or mutilations that get imposed on their writing even after they have signed the contract for a movie.

For a more detailed understanding, refer to the" Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd. and Anr." case study by clicking the case below.

Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd. and Anr.