Law:

Section:

(a) Copyright Ordinance (XXXIV of 1962)-------Ss. 62 & 13---Copyright---Moral rights, doctrine of---Applicability--Author of the intellectual work when assigns the rights in the intellectual property, does not assign the 'moral rights', it is the moral rights of the author to have her/his name telecast with regard to the work which is his/her creation. Whale on Copyright by Jeremy Philips Robyn Durie and Ian Karet, Fifth Edition (62); Copinger and Skone James on Copyright, Fifteenth Edition by Kevin Garnett, M.A. (657) and The Modern Law of Copyright and Designs, by Laddie Prescott and Vitoria, Third Edition (606) ref. (b) Copyright Ordinance (XXXIV of 1962)--- ----Ss.62 & 13---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Copyright---Moral rights, doctrine of---Interim injunction, grant of---In the present case, agreement between the author of a novel and assignee of copyright thereof, had not imposed any restriction on the author to forego her right to claim authorship of her work---Assignee of copyright while telecasting the drama based on the said novel had failed to mention the name of the author of the novel---Author, in circumstances, had made out a prima facie, case on the premise of moral rights as balance of convenience lay in favour of the author and she would suffer irreparable loss if all the episodes were telecast without display of her name as author of the drama---High Court, accepting the appeal, set aside the impugned order and passed injunctive order in favour of the author to the effect that the assignee will telecast the name of the author as author of the script with regard to the episodes which will be telecast---Principles. Smt. Mannu Bhandari v. Kala Vikas Pictures (Pvt.) Ltd. and another AIR 1987 Delhi 13; Shakeel Adilzadah v. Pakistan Television Corporation Ltd. and 2 others 1989 CLC 2447; V.T. Thomas and others v. Malayala Manorama Co. Ltd. AIR 1989 Ker. 49 and Munawwar Jamil v. Mst. Noshi (Nishat) Gillani and 3 others PLD 2000 Lah. 186 ref. (c) Copyright Ordinance (XXXIV of 1962)--- ----S.62--Author's special rights---Moral rights, doctrine of---Concept surveyed. Whale on Copyright by Jeremy Philips Robyn Dune…

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