MORAL RIGHTS
ARVIND JAIN
(Querist) 18 September 2008
This query is : Resolved
CAN THE LEGAL HEIRS OF AUTHORS ALSO CLAIM MORAL RIGHTS U/S 57 OF COPYRIGHT ACT,1957 ?
Manish Singh
(Expert) 18 September 2008
moral rights are included in copyright as a whole.
yes the heir of the copyright owner inherits the ownership in iprs but only for the period of validity.
SANJAY DIXIT
(Expert) 18 September 2008
I concur with the opinion made by Sri Manish.
ARVIND JAIN
(Querist) 19 September 2008
thanx but I dont agree. Kindly go through Section 57 and reconsider the problem again.request to keep open this question.
arunprakaash.m.
(Expert) 19 September 2008
After the death of the author the copyright peratining to the subject matter vest with the legal heirs or with the assignee for another sixty year. After that period it becomes property of the public domain.
Manish Singh
(Expert) 19 September 2008
57. Authors special rights ?
[(Note: Subs. by Act 38 of 1994, S.20(w.e.f. a date to be notified))
(1) Independently of the author?s copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right-
a. to claim authorship of the work : and
b. to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honor or reputation.
Provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub section (1) of Section 52 applies.
Explanation- Failure to display a work or to display it to them satisfaction of the author shall not be deemed to be an infringement of the right conferred by this section.
(2) The right conferred upon an author of a work by sub section (1), other than the right to claim authorship of the work, may be exercised by the legal representatives of the author.
Firstly, the question you asked was sipmple whether the moral roghts in a copyright pass over to the legal heir or not.
So, I again shall opine that the moral right pass over to the heirs of the owner.
I shall like to have your interpretation of the said section..
And copyright consists of moral rights also but assignment or license is something different where you can never become owner of any IPR.
Please go through the Act as a whole to understand the subject matter.
AND not all the copyright possess 60 years of validity, since there are different periods for different kind of copyrights.
Adv.Shine Thomas
(Expert) 19 September 2008
U/s 57 of Copyright Act author's legal heirs can also claim moral rights.These rights can be enforced by an action for breach of contract or confidence,a suit for defamation,or passing off as the case may be.
B.B.R.Goud.
(Expert) 07 March 2009
i do agree with my learned friends
Hiralal Das
(Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
