Lawgist57Author’s special rights
1[(1) Independently of the authors copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right--
(a) to claim authorship of the work; and
((b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work 2*** if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation:
Provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 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.]
(2) The right conferred upon an author of a work by sub-section (1), 3***, may be exercised by the legal representatives of the author.
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1 . Subs. by Act 38 of 1994, s. 20, for sub-section (1) (w.e.f. 10-5-1995)
2. The words "which is done before the expiration of the term of copyright" omitted by Act 27 0f 2012, s. 36 (w.e.f. 21-6-2012)
3. The words "other than the right to claim authorship of the work" omitted by Act 27 of 2012, s. 36 (w.e.f. 21-6-2012).
- 54 Definition
- 55 Civil remedies for infringement of copyright
- 56 Protection of separate rights
- 57 Author’s special rights
- 58 Rights of owner against persons possessing or dealing with infringing copies
- 59 Restriction on remedies in the case of works of architecture
- 60 Remedy in the case of groundless threat of legal proceedings
- 61 Owner of copyright to be party to the proceeding
- 62 Jurisdiction of court over matters arising under this Chapter
