AMARNATH SHEGAL VS UNION OF INDIA

INTRODUCTION
Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases),dramatic, musical and artistic works, cinematographic films and sound recordings. Copyright law protects expressions of ideas rather than the ideas themselves. It refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. It provides protection in the from of the Economic rights of the author, and Moral Rights of the author.
. AMARNATH SHEGAL VS UNION OF INDIA is the landmark Indian case decided by the Delhi HC, which for the first time upheld the moral right of an author under Indian copyright Act.Sec 57 of Indian copyright Act provides authors a life long exclusive right to a) claim the authorship of the work , b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the work which is done before expiration of term of copyright as such act would be prejudicial to their honor and reputation. The moral rights remain with the author even after transfer of copyright and the protection lasts during the whole of the copyright term.
 
FACTS
The petition was filed before the court by the world renounced sculpture Mr. Amarnath shegal for recognition and enforcement of his moral rights, He was commissioned by Indian govt. For creating a bronze mural for the most prominent hall of the capital of the country, it took 5 years for the completion of mural and was placed in Vigyan bhawan.The dispute arose when govt. Of India pulled down the mural and dumped it into store room .
The issue before the court was whether union of India has infringed moral right of Mr. Shegal?
 
LAW INVOLVED:
 
Sec 57: Author’s special right.-
(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 honour or reputation: Provided that the author shall not have any right to restrain of claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies.
 
JUDGMENT
The Delhi HC held that moral rights are the soul of authors work, authors has a right to preserve, protect and nurture their creation through moral right, and ordered the defendant to return the plaintiff the remnants of the mural permanently with no right vesting with the defendants henceforth and ordered the defendants to pay damage with cost.
Law involved
 
CONCLUSION
The decision taken by Justice Nandrajog of Delhi High court is instrumental in determining the course of moral rights in the country. When an artist creates using his intellect, he expresses an opinion. Whether it is in the form of a painting, a photograph, a motion picture or in any written form, that opinion is of the artist, by the artist, and must be protected. When someone uses his skills labor judgment to create something his interest is protected by providing moral rights.The Court has given a wide construction to the moral rights of the author under the copyright law.
The Statute only provides for the grant of injunction and damages in cases where any distortion, mutilation, modification or other act in relation to the work if such distortion etc would be prejudicial to his honour or reputation. Court has read into the forgoing provision the right of the author to receive the copyrighted work for the purposes of restoration and sell it’. The ratio of the case establishes the proposition that ‘where the owner (not being the author) of the copyright work, treats the work in a manner that is prejudicial to the reputation and honour of the author, the Court may transfer all rights over the work to the author’. moral rights are necessary to protect the interest of author and maintaining their standing and reputation, as economic rights are necessary for the author to keep their body and soul together.
BY: PRIYANKA GANGWAR