Moral Rights of Authors: An Unwarranted Claim or an Imperative Need

Abstract

One of the core challenges in the realm of IP is the preservation of the moral rights of authors also known as author’s special rights. Moral rights are non-economic, rights of an author which are vested in him in addition to a copyright. It is the rampant abuse of these rights, especially right of attribution and right of integrity which has become a cause of great concern for authors. Also, the internet has greatly increased the capacity to manipulate works and therefore the protection of artistic integrity and safeguarding the cultural heritage becomes a most pressing issue today. Respect for moral rights of authors show the society’s appreciation of individual creativity and helps a nation in its cultural and artistic development. However, countries such as the U.S continue to ignore these rights in spite of the fact that they are signatories to the Berne Convention. In a globalized world where the works of an author sold world-wide, it becomes necessary for us to have a uniform set of laws. The present paper revisits the philosophies behind moral rights and its historical development and attempts to bring forth a comparative analysis of moral rights in U.S.A, U.K, France and India.