Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Authorities and Rights Under the Copyright Act

Updated 11 October 2026 · Fact-checked

Copyright gives the owner economic rights (to exploit the work and earn from it) and the author moral rights (to be identified and to object to harmful distortion). Performers get their own moral rights. Copyright societies collect and distribute fees for owners. Answer by naming the right, its source, and the conclusion.

Understand Authorities and Rights Under Copyright

Copyright is not one right. It is a bundle. Some rights let the owner earn money from a work. Others protect the author's name and reputation. Keep the two groups apart in your mind.

Economic rights are the rights to use and exploit the work, such as copying it, issuing copies, performing it, adapting it, or licensing and assigning it. These can be transferred. The owner may be someone other than the author, for example an employer or an assignee.

Moral rights belong to the author personally. They remain even after the economic rights are assigned. In plain words, the author can claim to be identified as the author and can object to distortion or mutilation that harms their honour or reputation. The Act also gives performers moral rights in their performance (section 38B).

Neighbouring rights protect those who bring works to the public but are not authors: performers and broadcasting organisations. They are in the chapter on rights of broadcasting organisations and performers (Chapter VIII). Sections 40A and 42A deal with foreign countries. Under section 40A, the Central Government may, by Gazette order, extend Chapter VIII to broadcasters and performers of a foreign country that protects such rights. Under section 42A, it may restrict those rights for a country that gives no adequate protection.

Individual owners cannot track every use of their works. So the Act allows copyright societies. An author or other owner can give a society exclusive authorisation to administer a right by issuing licences, collecting fees, or both (section 34). The society is accountable to the owners it represents (section 35). Any aggrieved person may challenge its tariff scheme (section 33A). An author may also relinquish rights by notice (section 21).

Key rules to remember

Performer's moral rights (s. 38B): (a) right to be identified as performer; (b) right to restrain or claim damages for distortion, mutilation or modification prejudicial to reputation; Exists independently of any assignment of the performer's rights. Omission of identification is allowed where the manner of use dictates it. Editing, trimming to fit a duration, or purely technical changes are not prejudicial.
Functions of a copyright society (s. 34): Accept exclusive authorisation; issue licences (s. 30); collect fees; distribute fees after deducting own expenses; other functions consistent with s. 35; Subject to prescribed conditions. The owner may withdraw the authorisation, without prejudice to the society's rights under any contract.
Control by owners (s. 35): Society is under collective control of owners it represents; fees distributed in proportion to actual use of works; It must get owners' approval for collection and distribution procedures, and for using collected fees for any purpose other than distribution. It must give regular, full and detailed information.
Governance of a society (s. 35(3), (4)): Governing body elected from members, with equal number of authors and owners of work; equal membership rights; no discrimination between authors and owners in royalties; Added by the 2012 amendment.
Tariff scheme (s. 33A): Society publishes tariff scheme; aggrieved person may appeal to the Commercial Court; interim tariff may be fixed; The appellant must pay fees already due and keep paying until the appeal is decided.
Relinquishment (s. 21): Author gives notice in prescribed form to the Registrar of Copyrights or by public notice; rights cease from the date of notice; Does not affect rights already subsisting in favour of any person on the date of notice.

How to solve Authorities and Rights Under Copyright questions

Use this method for any question on rights, performers or copyright societies.

1Read the question and decide which group it falls in: economic rights, moral rights, neighbouring rights, or copyright societies.
2State the rule in plain words and cite the section where you are sure of it, such as s. 34, 35, 33A, 21 or 38B.
3List the conditions or elements of the rule. For a society, think of authorisation, licences, fees, distribution and owner control.
4Apply them to the facts. Name the person (author, owner, performer, society) and say what they did.
5Check for exceptions or limits, such as technical editing under s. 38B or the withdrawal right under s. 34(1)(b).
6End with a one-line conclusion that answers the exact question asked.

Quickest way: Who owns it, who protects it, who collects it

When to use it: Short-note questions and 5-mark theory questions when time is tight.

Write one line defining the right or body.
Give three or four points from the key rules, each with its section.
Add one contrast, for example economic vs moral, which can be assigned and which stays with the author.
Close with a one-line conclusion.

Common mistakes in Authorities and Rights Under Copyright

Saying moral rights go away when copyright is assigned.
Students treat copyright as a single right that moves as a whole.
Fix: Moral rights are personal to the author. Section 38B says the performer's moral rights exist independently of assignment. Say the same for authors.
Saying a copyright society may distribute fees equally among owners.
Students assume equal sharing is fair.
Fix: Section 35(2) says fees are distributed, as far as may be, in proportion to the actual use of the works.
Treating any removal of part of a performance as a breach of the performer's moral right.
Students read only the right to restrain distortion.
Fix: The Explanation to s. 38B says editing, fitting a duration or technical modification is not prejudicial to reputation. Only changes harmful to reputation count.
Saying a society can charge any tariff and the user has no remedy.
Section 33A is forgotten.
Fix: An aggrieved person can appeal against the tariff scheme, while paying the fees due. An interim tariff may be fixed.
Confusing sections 40A and 42A.
Both deal with foreign countries and Chapter VIII.
Fix: Section 40A extends protection to a foreign country's broadcasters and performers. Section 42A restricts rights where that country gives inadequate protection.
Writing that an author who relinquishes rights wipes out rights already granted to others.
Students overlook the saving clause.
Fix: Under s. 21(3), relinquishment does not affect rights subsisting in favour of any person on the date of notice.

Worked examples

Example 1

Explain the role of a copyright society and how its working is controlled by the owners of rights.

Show the solution

Provision: Under s. 34, an author or other owner of right may give a copyright society exclusive authorisation to administer a right by issuing licences, collecting fees, or both.
Functions: Subject to prescribed conditions, the society may issue licences under s. 30, collect fees, and distribute them to owners after deducting its own expenses.
Control: Under s. 35(1), the society is under the collective control of the owners whose rights it administers. It must obtain their approval for its collection and distribution procedures, and for using fees for any purpose other than distribution. It must give them regular, full and detailed information.
Fairness: Fees are to be distributed, as far as may be, in proportion to actual use of the works (s. 35(2)). The governing body must have equal numbers of authors and owners of work, and members have equal rights (s. 35(3), (4)).
Safeguards: An owner may withdraw authorisation (s. 34(1)(b)). Users may appeal against the tariff scheme (s. 33A).

Answer: A copyright society administers rights on behalf of owners by licensing, collecting and distributing fees, and it remains accountable to those owners through approval rights, information duties, proportional distribution and balanced governance.

Example 2

A singer's recorded song is edited by a producer to fit a 3-minute slot, and the recording omits her name because the format has no space for credits. Later, the producer alters the song so that it sounds offensive and damages her reputation. Advise on her moral rights.

Show the solution

Rule: Under s. 38B, a performer has, independently of any assignment of her rights, the right to claim to be identified and the right to restrain or claim damages for distortion, mutilation or modification prejudicial to her reputation.
Trimming to fit 3 minutes: The Explanation says removing a portion to fit a limited duration is not deemed prejudicial to reputation. She cannot object to this.
Omission of name: The right to identification does not apply where omission is dictated by the manner of use. If the format truly cannot carry credits, she cannot complain. If it could, she may.
Offensive alteration: This is a modification prejudicial to her reputation. She may restrain it or claim damages.
Assignment: Even if she assigned her economic rights, these moral rights remain.

Answer: She cannot object to the trimming, and cannot object to the omission of her name if the manner of use dictated it. She can restrain the offensive alteration or claim damages under s. 38B.

Exam tips

Write the section number beside each right or body you name, but only the ones you are sure of.
Use the contrast format for economic vs moral rights: transferable vs personal, earning vs reputation.
For case-style questions, apply the s. 38B Explanation before concluding. Examiners like the technical-editing exception.
In society questions, cover authorisation, licences, fee distribution, owner control and tariff appeal. That structure covers most marks.
Always end with a clear conclusion in one sentence.

Practice questions from Intellectual Property Rights

Authorities and Rights Under Copyright: frequently asked questions

What is the difference between economic rights and moral rights?

Economic rights let the owner exploit and earn from the work, and they can be assigned or licensed. Moral rights protect the author's identity and reputation and stay with the author personally. The owner of economic rights may be a different person from the author.

Do performers have moral rights under the Copyright Act?

Yes. Section 38B gives a performer the right to be identified and the right to restrain or claim damages for distortion or modification prejudicial to reputation. These exist independently of any assignment of the performer's rights.

What are neighbouring rights?

They are rights of those who communicate works to the public without being authors, mainly performers and broadcasting organisations. The Act deals with them in Chapter VIII, and sections 40A and 42A deal with their treatment of foreign countries.

Can an author withdraw authorisation given to a copyright society?

Yes. Section 34(1)(b) gives the author or other owner the right to withdraw the authorisation. This is without prejudice to the society's rights under any contract.

Can a user challenge a copyright society's tariff?

Yes. Under section 33A, an aggrieved person may appeal to the Commercial Court. They must pay the fees already due and continue paying until the appeal is decided, and the court may fix an interim tariff.