Morality of Copyright – A Critique in view of the ‘3 Idiots’ Controversy

Abstract

This article seeks to examine debatable issues that have arisen following the controversy involving author’s rights after the release of the film ‘3 Idiots’ based on Chetan Bhagats’s novel ‘5 Point Someone’. The fact that Bhagat failed to get due recognition in the credits of movie along with alleged mutilation of the original work raises the question of recognition of moral rights in India. Following the 1994 amendment, copyright law has drifted away from the objective of viewing a work as an integral expression of the author’s personality – probably reason why contracts continue to dictate the rights and obligations of parties in such transactions. This article throws light on the need to restore focus on these legitimate concerns by undertaking a critical comparison of the position under foreign laws. The difference in the perspectives of common law and civil law countries in treating the issue of morality of copyright has been marked. A number of illustrative case laws and international conventions have been discussed under various jurisdictions to cull out the basic tenets of moral nature of copyright. The article also puts forth certain suggestions to address the legal concerns.