The origin and development of a moral rights regime in India

Abstract

The evolution of a moral rights regime under the Indian Copyright Act 1957 has been gradual, iterative and author-friendly. It has evolved based on national cultural perspectives and also India’s obligations under the international copyright conventions and treaties to which it is a member. Indian courts have upheld the claims of authors’ moral rights in India and they have also recognized authors’ personal, social and cultural rights associated with their creative works. It has taken into account emerging technological and other developments, which affect moral rights of creators. The Indian moral rights regime identifies moral rights of authors and performers as absolute, perpetual, inalienable, imprescriptible, non-assignable, non-transferrable and non-waivable. The similarity between the language of moral rights provision in the Act and the relevant provisions under the Berne Convention and the ‘WIPO Internet Treaties’, namely the WIPO Copyright Treaty 1996 and the WIPO Performances and Phonograms Treaty 1996, is apparent and discernible. India’s moral rights regime is akin to the dualistic French system in treating the duration of moral rights as perpetual rights.1 However, the Act provides for certain exceptions to moral rights of both authors and performers in the public interest.