Rights of the Author: Possible Extensions under Copyright Law in India

Copyright is an intellectual property right and is creation of a statute. In India, the Copyright Act of 1957 forms the basis of protection of the copyright works. The owners of the copyright enjoy variety of rights in the form of economic and moral rights. These rights are transferable and the subsequent owner enjoys certain economic benefits, almost similar to those of the author of the work. Keeping in mind the interest of the authors who transfer their copyright to the producers of the cinematograph films or the sound recordings, some new provisions have been inserted by the Copyright (Amendment) Act, 2012, which has been drafted in a very impartial manner so as to empathize the authors of the literary or musical works that are included in the cinematograph films or the sound recordings by the producers of such works. For enjoying the fruits of their labor and skill, the authors of the aforesaid works have been embargoed not to assign or waive their right to receive royalties on equal basis with the producers of the respective works. Besides, the authors of the work, independent of their copyright in the work, have also been conferred with the certain special rights.