Moral Rights Of Authors In Nepal.
1. Legal Basis
In Nepal, moral rights are recognized under Section 8 of the Copyright Act, 2059 (2002). These rights are personal to the author and separate from economic rights. Key moral rights include:
Right of Attribution – The right of the author to be identified as the creator of the work.
Right of Integrity – The right to prevent distortion, modification, or any misuse that harms the author’s honor or reputation.
Right of Revision or Amendment – The author can make corrections or improvements to the work.
Right to Prevent Harm or Misrepresentation – Ensures that no one presents the work in a way that damages the author’s reputation.
Important points:
Moral rights cannot be transferred during the author’s lifetime.
They last for the author’s lifetime and continue for 50 years after death.
Violation of moral rights can lead to remedies like injunctions, corrections, and public acknowledgment.
2. Importance of Moral Rights
Protect the personal connection between author and work.
Ensure authors receive proper credit.
Prevent alterations that could harm the author’s reputation.
Are enforceable even if the economic rights are assigned to someone else.
3. Case Illustrations in Nepal
Case 1: Pushkar Joshi & Others v. Standard Publisher
Facts:
Authors sold economic rights to a publisher. The publisher later reproduced the book with modifications, changed the preface, and removed the authors’ names.
Moral Rights Issues:
Right of attribution violated.
Integrity of the work violated due to modifications.
Outcome:
The court recognized a moral rights violation and required:
Withdrawal of infringing copies
Public acknowledgment of the authors
Correction of the altered content
Significance:
Even when economic rights were transferred, moral rights protected the authors’ personal bond with the work.
Case 2: Improper Attribution of Literary Work
Facts:
An author’s short story was published in a magazine, but later, an edited online version credited a staff editor as the author.
Moral Rights Issues:
Violation of right of attribution.
Outcome:
The court would likely order:
Correct attribution in the online version
Public correction and acknowledgment
Significance:
Authors retain moral rights even if the work is legally owned by someone else.
Case 3: Distortion of an Artistic Work
Facts:
An artist’s painting was reproduced in a catalogue, but additional text and colors distorted the original work.
Moral Rights Issues:
Violation of the right of integrity.
Outcome:
Court intervention could include:
Withdrawal of the distorted reproductions
Correct presentation of the original artwork
Significance:
Moral rights protect the integrity of the work against unauthorized alterations.
Case 4: Moral Rights of Deceased Authors
Facts:
A deceased author’s play was performed publicly without attribution or was altered.
Moral Rights Issues:
Right of attribution and integrity after death.
Outcome:
Heirs or nominated individuals can:
File a complaint to enforce moral rights
Demand withdrawal or correction of the altered work
Significance:
Moral rights can continue up to 50 years after the author’s death.
Case 5: Literary Work Modified in Publication
Facts:
A poetry collection was sold to a publisher. The publisher changed several poems’ lines and published them without informing the author.
Moral Rights Issues:
Integrity of the work violated
Author’s reputation harmed
Outcome:
Court may order:
Removal of modified poems
Restoration of original lines
Publication of a note clarifying the original author’s work
Significance:
Authors’ personal and reputational rights are protected regardless of commercial transactions.
4. Key Legal Principles from Nepalese Jurisprudence
Moral rights are independent of economic rights.
Right of attribution and integrity are the core moral rights.
Remedies often focus on correction, withdrawal, and acknowledgment rather than just monetary compensation.
Moral rights can be enforced even for posthumous works by heirs.
Courts protect authors’ personal connection to their works, ensuring both honor and credit.
5. Conclusion
In Nepal, moral rights safeguard an author’s personal and reputational bond with their work. Even if economic rights are assigned or sold, moral rights remain enforceable, focusing on:
Proper attribution
Integrity of the work
Protection of the author’s honor
Cases like Pushkar Joshi & Others v. Standard Publisher illustrate how Nepalese courts actively enforce moral rights through corrective remedies rather than just financial penalties.
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