Section 57 of the Copyright Act, 1957 - Author's Special Rights

Section 57 of the Copyright Act, 1957 protects certain personal or special rights of an author independently of ownership of copyright. These rights are commonly described as the author's moral rights. They include the right to claim authorship and protection against specified treatment of a work that is prejudicial to the author's honour or reputation.

Key point: The rights under Section 57 are independent of the author's copyright and may continue to be asserted even after the copyright has been assigned wholly or partly to another person.

What is Section 57 of the Copyright Act?

Section 57 is titled "Author's special rights". It gives an author rights connected with the author's personal relationship with the work, separately from the economic rights ordinarily associated with copyright ownership.

The provision is important where copyright has been assigned because assignment of copyright does not by itself eliminate the special rights expressly protected by Section 57.

Text and Meaning of Section 57

Section 57(1): Independently of the author's copyright and even after assignment, either wholly or partially, of that copyright, the author has the rights specified in the provision.

(a) Right to claim authorship: The author has the right to claim authorship of the work.

(b) Protection of honour or reputation: The author may restrain or claim damages in respect of distortion, mutilation, modification or another act in relation to the work where that act would be prejudicial to the author's honour or reputation.

Proviso: The author cannot restrain or claim damages in respect of an adaptation of a computer programme to which Section 52(1)(aa) applies.

Explanation: Failure to display a work, or failure to display it to the satisfaction of the author, is not by itself treated as infringement of the rights conferred by Section 57.

Section 57(2): The rights conferred on an author by Section 57(1) may be exercised by the author's legal representatives.

Rights Protected Under Section 57

1. Right to Claim Authorship

Section 57(1)(a) expressly gives the author the right to claim authorship of the work. This protects the author's connection with and attribution to the work independently of the ownership of the economic copyright.

2. Right Against Prejudicial Treatment of the Work

Section 57(1)(b) applies to distortion, mutilation, modification or another act in relation to the work when that treatment would be prejudicial to the author's honour or reputation.

The statutory requirement concerning prejudice to honour or reputation is significant. The provision does not state that every alteration or modification of a copyrighted work automatically constitutes infringement of the author's special rights.

3. Right to Restrain or Claim Damages

Where the conditions in Section 57(1)(b) are satisfied, the section expressly recognises the author's right to restrain the relevant act or to claim damages.

Section 57 Rights After Assignment of Copyright

Section 57 expressly operates independently of the author's copyright. It also applies even after the author has assigned the copyright, whether wholly or partially.

This distinction is important because an assignment may transfer economic copyright interests while the author's special statutory rights under Section 57 remain separately protected in accordance with the provision.

Legal Representatives of the Author

Section 57(2) provides that the rights conferred on an author by Section 57(1) may be exercised by the author's legal representatives. The present wording reflects the changes made by the Copyright (Amendment) Act, 2012.

Computer Programme Exception

The proviso to Section 57(1) creates a specific limitation concerning computer programmes. An author does not have the right under this provision to restrain or claim damages in respect of an adaptation of a computer programme to which Section 52(1)(aa) applies.

Section 52 contains statutory acts that are not treated as copyright infringement. The cross-reference in Section 57 therefore needs to be read together with the conditions contained in Section 52(1)(aa).

Failure to Display a Work

The Explanation to Section 57 makes clear that merely failing to display a work, or failing to display it in a manner satisfactory to the author, is not deemed to infringe the rights created by Section 57.

Amendment History of Section 57

Sub-section (1) was substituted by Section 20 of the Copyright (Amendment) Act, 1994 with effect from 10 May 1995.
The words that formerly limited the relevant treatment to acts done before expiry of the term of copyright were omitted by Section 36 of the Copyright (Amendment) Act, 2012 with effect from 21 June 2012.
The former exclusion relating to the right to claim authorship in sub-section (2) was also omitted by the 2012 amendment with effect from 21 June 2012.

Practical Scope of Section 57

Section 57 should be distinguished from an ordinary copyright infringement claim. Copyright generally protects statutory economic rights in a work, whereas Section 57 separately protects the author's rights of attribution and the author's honour or reputation against the treatment specified in the section.

Whether a particular distortion, mutilation, modification or other act attracts Section 57 depends on the facts and on whether the statutory requirements, including prejudice to the author's honour or reputation, are established.

Legal note: This page provides general information about Section 57 of the Copyright Act, 1957. Application of the provision to a particular work or dispute depends upon the facts, the nature of the work, the rights involved and the applicable law.