News detail

06
Jun
2019

special rights under Copyright Act V/S the constitutional right under article 300A.

During a recent Delhi High Court judgement, the "author's special rights" in the Indian Copyright Law( section 57) has been extensively debated and the ruling did not favor the said special rights(moral rights of the author).

The Hall of Nations building in New Delhi was designed by an architect and earned an huge repute as an icon. The Indian Trade Promotion Organisation(ITPO) proposed to demolish the structure in order to build "exhibition cum convention centre". The architect filed a suit against the ITPO claiming that this act has affected the "special rights" of the architect as per the sec 57 of the Indian Copyright Act. Special Rights, in the Indian context, provides authors' attribution and subsists with the author over and above the economic rights regardless of the fact that author might have assigned or transferred such rights.

However, the court categorically rejected the plaintiff's claims(the architect) and passed the decree in the context of conflict of two different rights that is to say the author's rights(under section 57) and landowner's rights with regards to their property. Court observed that the plaintiff by way of preventing the destruction of building by the defendant, it would amount to the restriction of the later's right to deal freely with their property. Further the court held that the plaintiff's rights were statutory rights while that of the defendant was a constitutional right, which must prevail over the statutory rights. Court also relied upon Section 52(1)(x) with regards to the reconstruction of the building or structure in accordance with the architectural drawings by reference to which the building or structure was originally constructed. Accordingly court furthered that "reconstruction" can primarily occur only if the building has been previously demolished.

The suit was dismissed by the court of the grounds of no cause of action.
For more details write to us at info@trademark.in or call us on 25324718/25321444.

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