Moral Rights are the non-economic rights of an author to claim authorship of a work and to restrain or seek damages in respect of any distortion, mutilation, modification, or other act in relation to the work that would be prejudicial to the author's honour or reputation. Under Indian law, moral rights are codified in Section 57 of the Copyright Act, 1957, and exist independently of, and persist even after the transfer of, the economic rights in the copyright.
Legal definition
The Copyright Act, 1957 provides the statutory framework for moral rights:
Section 57(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.
These rights encompass two distinct moral rights recognised in international copyright law:
- Right of paternity (Section 57(1)(a)): The right to be identified as the author of the work and to prevent false attribution
- Right of integrity (Section 57(1)(b)): The right to prevent distortion, mutilation, or modification of the work that would be prejudicial to the author's honour or reputation
Importantly, Section 57(1)(b) was amended in 1994 to include "any other act in relation to the said work," which Indian courts have interpreted to include the destruction of a work.
Moral rights under Section 57 cannot be waived or transferred. They subsist for as long as the copyright subsists and, after the author's death, can be exercised by the author's legal representatives.
How courts have interpreted this term
Amar Nath Sehgal v. Union of India [2005 (30) PTC 253 (Del)]
In this landmark case, the Delhi High Court held that the destruction of a work of art constitutes the most extreme form of "mutilation" and falls within the scope of Section 57. The case involved a large bronze mural commissioned for Vigyan Bhawan in 1962, which was pulled down in 1979 and dumped in a storeroom, suffering severe damage. The Court awarded damages of Rs 5 lakh and declared that all rights in the mural vested in the artist, including the right to recreate and sell it. The Court observed that moral rights protect "the soul of the author's work."
Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd. [AIR 1987 Del 13]
The Delhi High Court held that the adaptation of a novel into a film in a manner that distorted the author's work prejudicially affected the author's reputation and honour, constituting a violation of moral rights under Section 57. The Court granted an injunction restraining the release of the film in its altered form and affirmed that moral rights subsist independently of the economic rights that the author may have assigned.
Raj Rewal v. Union of India [(2019) — Delhi HC]
The Delhi High Court addressed the tension between moral rights and the owner's right to demolish a building, observing that an architect's moral rights under Section 57 may be engaged when a significant work of architecture is proposed for demolition. The Court recognised that architectural works occupy a unique position in moral rights jurisprudence because they are both functional structures and creative expressions.
Why this matters
Moral rights protect the personal and reputational bond between an author and their creative work — a bond that persists even after the author has assigned or sold the economic rights. This is particularly significant in the Indian creative industries, where authors, artists, and musicians frequently assign their copyright to publishers, producers, and record labels.
For authors and artists, Section 57 provides a permanent, inalienable safeguard. Even if a writer sells all economic rights in a novel, the writer retains the right to be identified as the author and to prevent the publisher from making changes that would damage the writer's reputation. This protection survives the assignment and exists for the full term of copyright.
For owners and licensees of copyright, moral rights represent a limitation on the freedom to exploit the work. Any modification, adaptation, or use that could be characterised as distortion or mutilation prejudicial to the author's honour must be undertaken with the author's consent. Failure to respect moral rights can result in injunction, damages, and reputational harm.
Related terms
Parent concept:
Related IP concepts:
Frequently asked questions
Can moral rights be waived or transferred?
No. Section 57 of the Copyright Act provides that moral rights exist "independently of the author's copyright and even after the assignment" of copyright. Indian courts have consistently held that moral rights are personal, inalienable rights that cannot be waived, assigned, or transferred.
Do moral rights survive the death of the author?
Yes. Under the proviso to Section 57, after the death of the author, the right to claim authorship and to restrain distortion or mutilation may be exercised by the author's legal representatives. The rights persist for the full term of copyright (generally 60 years after the author's death).
Does destruction of a work violate moral rights?
Yes. The Delhi High Court in Amar Nath Sehgal v. Union of India (2005) held that destruction is the most extreme form of mutilation and falls within Section 57(1)(b). The phrase "any other act in relation to the said work" (inserted by the 1994 amendment) was interpreted to encompass destruction.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.