Section 57 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 57 gives an author two personal rights, independent of copyright: to claim authorship of the work, and to restrain or claim damages for distortion, mutilation or modification that would prejudice his honour or reputation. They survive assignment of copyright and can be exercised by the author's legal representatives. If your work has been altered or credited wrongly, a legal dispute resolution review will show which right applies.
"Independently of the author's copyright and even after the assignment either wholly or partially of the said copyright", the author has the right (a) to claim authorship and (b) to restrain or claim damages for distortion, mutilation, modification or other act that would be prejudicial to his honour or reputation. There is no right to object to adaptation of a computer programme covered by section 52(1)(aa). Legal representatives may exercise the rights.
Sub-section (1): the two rights
Sub-section (1) was substituted by Act 38 of 1994 (w.e.f. 10-5-1995), and the words "which is done before the expiration of the term of copyright" were omitted by Act 27 of 2012 (w.e.f. 21-6-2012), as the footnotes state.
"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—"
| Clause | Right | Condition |
|---|---|---|
| (a) | To claim authorship of the work | None stated |
| (b) | To restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the work | If the act would be prejudicial to his honour or reputation |
Clause (b) is wider than the performer's right in section 38B in one respect: it covers "other act in relation to the said work". Section 57 contains no time limit tied to the term of copyright after the 2012 omission.
The proviso: computer programmes
"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." So an adaptation of a computer programme that falls within that exception of section 52 cannot be restrained by the author under clause (b). See exceptions to copyright infringement.
The 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." A gallery that does not hang a painting, or hangs it in a way the artist dislikes, does not infringe section 57 for that reason alone.
Sub-section (2): who may exercise
"The right conferred upon an author of a work by sub-section (1), may be exercised by the legal representatives of the author." The footnote records that the words "other than the right to claim authorship of the work" were omitted by Act 27 of 2012 (w.e.f. 21-6-2012). As the text now stands, both rights, including the right to claim authorship, may be exercised by the legal representatives. The section does not say for how long after death, or how legal representatives prove their status.
Example. Rajeev Sinha sells all copyright in his short story to a magazine. Later the magazine republishes it with the ending rewritten, in a way that makes Rajeev appear to endorse a view he opposed. Section 57(1)(b) lets him restrain it or claim damages, since the change would be prejudicial to his honour or reputation, even though he has assigned copyright. If the magazine drops his name altogether, clause (a) lets him claim authorship.
Section 57 compared with section 38B
| Section 57 (author) | Section 38B (performer) | |
|---|---|---|
| Right to be identified | Claim authorship | Be identified, except where omission is dictated by the manner of use |
| Distortion | Restrain or claim damages if prejudicial to honour or reputation | Restrain or claim damage if prejudicial to reputation |
| Technical editing carve-out | Not stated | Explanation: editing, limited duration, technical reasons |
| Computer programme proviso | Yes | No |
| Heirs | Legal representatives may exercise | Not stated |
What the section does not say
- It does not define "honour or reputation".
- It does not state a limitation period.
- It does not state the amount of damages.
- It does not say whether the rights can be waived by contract; the text is silent. See assignment of copyright for how assignments are drafted.
Need help with a distortion or credit dispute?
If your work was altered or published without your name after you assigned the copyright, we can examine the contract and the facts and advise on a notice or suit. Our legal dispute resolution team can take it up.
Key takeaways
- Two author's rights: claim authorship, and restrain or claim damages for prejudicial distortion.
- Independent of copyright and available even after assignment.
- Computer programme adaptations under section 52(1)(aa) are carved out.
- Failure to display a work is not an infringement of these rights.
- Legal representatives may exercise the rights.
Read next
- Section 38B: moral rights of the performer
- Sections 54–55: owner of copyright and civil remedies for infringement
- Sections 58–59: infringing copies and works of architecture
- Copyright in works made during employment
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.