Moral Rights: International Framework and Indian Approach

Authors

  • Nikhil Agarwal Gujarat National Law University, Gujarat, India
  • Vinayak Ojha Gujarat National Law University, Gujarat, India

DOI:

https://doi.org/10.12728/culj.10.1

Keywords:

Article 6bis, Berne Convention, The Copyright Act 1957, Moral Rights, TRIPS

Abstract

In the wake of increasing globalization and technical advancements in the digital field, the dissemination of creative work has become easier than ever. However, this development has come with its own set of challenges, particularly for Intellectual Property Law, as most of online transfer of information is unregulated. Digitalization has lead to the imminent need for standardized and stringent protection of an author‟s work. While this protection is mainly conceived as commercial right of the author on his work, there is another fundamental element to it, which is equally important and cannot be neglected, i.e., moral rights. These rights include right of attribution and integrity and are so inextricably related, that they stay with the author, even after transfer of economic rights on the work. In order to ensure effective globalized protection, there is a requirement for minimum standards of protection in all domestic laws, as was provided in the TRIPS agreement. This paper analyzes the Moral Rights regime as envisaged by the TRIPS agreement, and the monoist and dualist approaches that have been adopted by different countries. It also analyzes the evolution of moral rights in India.

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Published

2017-01-01