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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
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Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(5) [September 2011] >
| Title: | Morality of Copyright – A Critique in view of the ‘3 Idiots’ Controversy |
| Authors: | Banerjee, Arunabha
Agrawal, Aniket Deepak |
| Keywords: | Copyright
Morality
Author
Moral rights |
| Issue Date: | Sep-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | This article seeks to examine debatable
issues that have arisen following the controversy involving author’s rights
after the release of the film ‘3 Idiots’ based on Chetan Bhagats’s novel ‘5
Point Someone’. The fact that Bhagat failed to get due recognition in the
credits of movie along with alleged mutilation of the original work raises the
question of recognition of moral rights in India. Following the 1994 amendment,
copyright law has drifted away from the objective of viewing a work as an
integral expression of the author’s personality – probably reason why contracts
continue to dictate the rights and obligations of parties in such transactions.
This article throws light on the need to restore focus on these legitimate
concerns by undertaking a critical comparison of the position under foreign
laws. The difference in the perspectives of common law and civil law countries
in treating the issue of morality of copyright has been marked. A number of
illustrative case laws and international conventions have been discussed under
various jurisdictions to cull out the basic tenets of moral nature of
copyright. The article also puts forth certain suggestions to address the legal
concerns. |
| Page(s): | 394-401 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(5) [September 2011]
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