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Kamal Krishan (Freelance Scriptwriter)     05 June 2013

Moral right of an author

I had sold a film screenplay to a party but without waiving any of my moral right. Now as it is in the process of being filmed, it has come to my notice that the screenplay has been drastingly changed without my consultation. All amount of entreaties have failed in making the party see my point. Is there any way I can assert my moral right to the integrity of my creation, make the party see reason with the help of laws available to me. If so, how best to proceed.

Please advise.

Thank You.



Learning

 1 Replies

Rutumbhara Nayak (lawyer)     08 January 2014

The film screenplay is your product and should have the right over your work. It is not necessary to register a work to claim copyright .Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright as it has come to your notice that the screenplay has been drastically changed without your consultation. This amounts to infringement of your work by the party .Copyright infringement is punishable under 63 of the Copyright Act. Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringement of-(a) the copyright in a work, or(b) any other right conferred by this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.
When you a file a suit of copyright infringement against the party as your work is not registered under copyright act the burden of proof lies on you to prove that the work is yours which has been infringed. Later on register your work under the copyright act. Copyright registration provides the best evidence of a valid copyright, establishes a public record, and enables you to take legal action against copyright infringement. You may take the help of an expert to assist you with the whole matter.You can call me at 09555 507 507 or send me a mail at info@lawkonect.com
 


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