Author’s Special Rights

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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-

  • To claim authorship of the work; and
  • 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 honor or reputation:

Provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer program to which clause (aa) of sub-section (1) of section 52 (i.e., the making of copies or adaptation of a computer program by the lawful possessor of a copy of such computer program, from such copy- (i) in order to utilize the computer program for the purposes for which it was supplied; or (ii) to make backup copies purely as a temporary protection against loss, destruction or damage in order only to utilize the computer program for the purpose for which it was supplied) applies.

Explanation- Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this section.

The right conferred upon an author of a work here, other than the right to claim authorship of the work, may be exercised by the legal representatives of the author.

 

Complete Act

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