Moral Rights Of Authors In The Digital Age: Challenges In Enforcing The Right Of Integrity Under Indian Copyright Law
- IJLLR Journal
- 2 days ago
- 2 min read
Richin Mathew, Assistant Professor of Law, Bharata Mata School of Legal Studies, Aluva
Jinu S. Krishnan, Assistant Professor of Law, Bharata Mata School of Legal Studies, Aluva
Vineeth Kumar E.V., Assistant Professor of Law, Bharata Mata School of Legal studies, Aluva
ABSTRACT
The concept of moral rights occupies a pivotal position within the framework of copyright law, offering protection to authors beyond their economic interests. Moral rights, particularly the right of integrity, safeguard the author’s personal connection to their work, ensuring it is not subjected to distortion, mutilation, or derogatory treatment. In India, these rights are statutorily recognised under Section 57 of the Copyright Act, 1957. However, the advent of the digital age—characterised by widespread online distribution, remix culture, and unauthorised adaptations—has rendered the enforcement of moral rights increasingly complex and inconsistent.
This research critically examines the contemporary relevance and practical enforceability of the right of integrity under Indian copyright jurisprudence. It analyses seminal judicial decisions, including Amarnath Sehgal v. Union of India, where courts acknowledged the inviolable personal rights of authors, while also highlighting judicial reluctance in extending these protections in cases involving digital works and derivative online content. The study further investigates the tension between the author’s right of integrity and competing rights such as freedom of expression and transformative use, particularly on digital platforms.
In addition, the research engages in a comparative legal analysis by examining the robust moral rights framework of civil law jurisdictions like France and the contrasting utilitarian approach of the United States, where moral rights are narrowly construed. It evaluates India's obligations under the Berne Convention and critiques the insufficient protection offered in the current domestic legal framework, especially concerning online infringement. The study concludes with reformative recommendations to recalibrate Indian copyright law, advocating for a more robust protection regime that aligns with international standards and addresses the emerging challenges posed by digital dissemination of creative works.
