CopyrightMoral rightsDelhi High Court

Mannu Bhandari v Kala Vikas Pictures Pvt. Ltd.

AIR 1987 Delhi 1319871 min read
The case in brief30-second read
Facts
Mannu Bhandari wrote "Aap Ka Bunty" (1971), a critically acclaimed Hindi novel. She assigned film rights to Kala Vikas Pictures. The screenplay substantially altered plot, characters, and narrative perspective.
Issue
Whether an author who assigned film rights retains moral rights to object to distortions
Held
Assignment of economic rights does not extinguish moral rights.
Principle
Moral right of integrity violated when film adaptation distorts literary work to the prejudice of author's honour/reputation

Facts

  • Mannu Bhandari wrote "Aap Ka Bunty" (1971), a critically acclaimed Hindi novel
  • She assigned film rights to Kala Vikas Pictures
  • The screenplay substantially altered plot, characters, and narrative perspective
  • Bhandari objected to distortions as harmful to her literary reputation
  • She sought injunction against release in modified form

Issues

  1. Whether an author who assigned film rights retains moral rights to object to distortions
  2. Scope of the right of integrity in Indian copyright law

Held

  • Assignment of economic rights does not extinguish moral rights
  • Author retains the right to object to modifications prejudicial to honour or reputation
  • The modifications were substantial enough to potentially prejudice the author
  • Court balanced producer's investment against author's moral rights

Ratio decidendi

Moral rights are personal, inalienable, and survive assignment. The right of integrity protects against distortion prejudicial to reputation. Film producers have creative latitude but not unlimited licence to deface the underlying work.

Exam use

How to use it in an answer

  • Leading pre-S.57 authority on moral rights in India
  • Cite in IPL questions on author's moral rights and film adaptation
  • Pair with Amar Nath Sehgal v UOI (2005) for moral rights in visual art

Cite this

Citation

Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd. AIR 1987 Delhi 13

Reported: AIR Online. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.