Economic Rights of Copyright: A Comparative Analysis of Author’s Economic Rights with Moral Rights
INTRODUCTION
Intellectual property (IP) is broadly defined as a distinctive or original creation resulting from significant intellectual effort. It encompasses a wide range of products, including inventions, artistic works, designs, and brand identifiers. Copyright laws protect these creations from unauthorized use or distribution, ensuring that creators retain control over their works and prevent exploitation without permission. This legal framework encourages innovation and creativity by granting creators exclusive rights to their intellectual endeavors.
UNDERSTANDING COPYRIGHT
Copyright protects literary and artistic works such as books, music, visual art, films, and digital creations like software and databases. In some legal systems, it is referred to as “author’s rights,” highlighting historical distinctions in copyright law development.
The term “copyright” specifically refers to the right to reproduce an original work. For literary and artistic works, this right is typically held exclusively by the author, or the author’s permission is required for others to exercise it. Conversely, “author’s rights” emphasize the creator’s inherent rights over their works, including moral rights, which protect the work’s integrity and allow the author to prevent alterations or misrepresentations.
Reproduction rights, such as making copies, can be assigned to third parties through permissions or licenses from the author. For instance, a publisher may secure a license to print and distribute copies of an author’s work.
In India, copyright matters are governed by the Copyright Act of 1957, with amendments in 1994 and 2002.
DURATION OF COPYRIGHT IN INDIA
Copyright protection in India is limited to a specific period, after which works enter the public domain and become freely accessible. The duration of copyright varies by type of work:
| Type of Work | Duration of Copyright |
|---|---|
| Literary, Dramatic, Musical, and Artistic Works | 60 years from January 1 following the author’s death or last surviving author |
| Cinematograph Films, Sound Recordings, Photographs | 60 years from January 1 following the year of first publication |
| Posthumous Publications | 60 years from January 1 following the year of publication |
| Anonymous or Pseudonymous Publications | 60 years from January 1 following the year of publication, if the author remains unknown |
| Works of Government, International Organizations | 60 years from January 1 following the year of publication |
RIGHTS OF THE COPYRIGHT OWNER
To exercise and enjoy ownership of a copyrighted work, specific rights are conferred under the Copyright Act of 1957, which is also recognized by international conventions like TRIPS and Berne. Before understanding these rights, it is essential to define who owns the copyright. Under Section 17 of the Copyright Act, ownership is determined based on specific conditions, including:
- For literary, dramatic, or artistic works – The author is the first owner.
- Works performed under contractual service or employment – Ownership belongs to the employer.
- Photographs taken for cinematographic films – Ownership rests with the entity commissioning the photograph.
- Works produced for payment – Ownership lies with the paying party.
- Public speeches – Ownership is retained by the speaker.
- Speeches made on behalf of others – Ownership belongs to the person who assigned the task.
- Works published or ordered by the government or organizations – Ownership is with the government or organization.
ECONOMIC RIGHTS OF A COPYRIGHT OWNER
Economic rights encompass the rights that generate financial benefits for the copyright owner, as outlined in Section 14 of the Copyright Act. These rights include:
- Right to Reproduce the Work: This includes duplicating the work or modifying it through addition, editing, or transformation. The owner has exclusive control over this right, which protects against unauthorized reproduction that could provide economic benefits to others.
- Right to Distribute: The copyright owner controls the distribution of the work, which may involve selling, lending, renting, or gifting. The concept of “exhaustion of rights” applies after the first sale, allowing the purchaser to resell the work. However, this principle does not extend to instances where the owner, such as a library, charges fees for borrowing.
- Right to Communicate to the Public: This involves making the work available to the public through broadcasting, simulcasting, or webcasting. Unauthorized public communication constitutes copyright infringement.
- Right of Adaptation: This grants exclusive rights to convert, alter, transcribe, or rearrange the work, applicable primarily to literary, dramatic, and musical works.
Case Example: Super Cassettes Industries Ltd. v. Myspace Inc. (2011)
The Delhi High Court ruled in favor of Super Cassettes, a major music company, against Myspace for allowing unauthorized sharing of copyrighted music, emphasizing the protection of economic rights.
MORAL RIGHTS OF A COPYRIGHT OWNER
Moral rights protect the creator’s personal and reputational interests. These rights prioritize the connection between the creator and their work over financial gain, taking precedence over economic rights. Moral rights, provided under Section 57 of the Copyright Act, include:
- Right of Paternity: Allows the creator to assert authorship and receive recognition.
- Right to Integrity: Protects the creator’s reputation by preventing derogatory treatment of the work.
- Right of Retraction: Grants the creator the right to withdraw their work from publication to protect its dignity.
Case Example: Amar Nath Sehgal v. Union of India (2005)
The Delhi High Court recognized the moral rights of sculptor Amar Nath Sehgal, awarding damages after his mural was damaged by improper storage.
KEY DIFFERENCES BETWEEN MORAL AND ECONOMIC RIGHTS
- Purpose: Economic rights aim to generate financial benefits, while moral rights protect the creator’s personal and reputational interests.
- Transferability: Economic rights are transferable and can be licensed; moral rights are generally non-transferable and remain with the creator.
- Duration: Economic rights are time-limited, while moral rights usually last for the creator’s lifetime and may extend beyond.
CONCLUSION
A comparative analysis of economic and moral rights reveals their distinct but complementary roles in copyright protection. Economic rights focus on financial benefits and control over the use of a work, while moral rights prioritize the creator’s dignity, recognition, and reputation. Both are essential for fostering creativity and protecting the interests of creators.
Authored by Shubhi Singh
