HOW CAN AUTHORS SAFEGUARD THEIR MANUSCRIPTS FROM COPYRIGHT INFRINGEMENT?

INTRODUCTION

For every writer, a manuscript is far more than ink on paper or words on a screen. It shows many hours of thinking, creativity, and hard work. It is both personal and professional—it is an authentic reflection of the author's ability to imagine and their thoughts. However, today the manuscript is at risk. It can be stored, copied, disseminated,, or pirated by the press of a button, and most of the time, the author does not even know it is happening. Therefore, the authors need to protect their manuscript because they not only have the obligation but also the benefit of their creation. Evidence from copyright legislation, along with certain pragmatic actions, provides authors with the means to protect their work from being misappropriated.

LEGAL MEASURES FOR COPYRIGHT PROTECTION

In India, the Copyright Act, 1957, serves as the critical foundation protecting authors. Under this legislation, a manuscript is considered a ‘literary work,’ and copyright is said to exist the moment it is written or typed. The owner has no need to register their work to claim protection under the copyright act, unlike people who register a patent or a trademark, but it is always advisable to register it because it acts as solid proof of their creation. The author, by virtue of creation, is granted exclusive rights of reproduction, publication, adaptation, and translation. The protection given to a copyright owner is for his lifetime and then 60 years after his death. The years after the death of the author can differ depending upon the work they are protecting. This ensures that creativity is protected for a longer time. Apart from economic rights, law has given other rights also. Section 57 of the Act grants authors what are known as moral rights—the right to claim authorship and the right to object if their work is distorted or mutilated in a way that harms their reputation. These rights are significant because they survive even if the economic rights are transferred to another person. They basically give recognition to the main owner.

Internationally, India is part of treaties like the Berne Convention and the TRIPS Agreement, which ensure that an Indian author’s work receives recognition in other member countries. This means that an author’s manuscript is not just protected at home but across most of the world. Courts too have reinforced these protections. In the case of University of London Press Ltd. v. University Tutorial Press Ltd. (1916), the judge expressed that originality in a manuscript does not come from originality of ideas but from the skill and labor of the author (as a mode of expression).

The Delhi High Court decision in Amarnath Sehgal v. Union of India (2005) supported the significance of moral rights when the court found that the act of demolishing a mural was a breach of the dignity of the artist. Judgments such as these (and others that follow) reinforce the position of authors and demonstrate that manuscripts deserve strong protection under the law!

PRACTICAL STRATEGIES FOR PROTECTION

While the law provides the foundation, authors must also take practical steps to safeguard their manuscripts. One of the simplest measures is copyright registration. Although not mandatory, it serves as strong evidence in case of disputes. A registration certificate makes it far easier to prove authorship in court, especially if the manuscript is challenged. Equally important are contracts with publishers, editors, or collaborators. Authors should be clear about the difference between assignment and license. An assignment indicates an outright transfer of the work, whereas a license permits someone to use it subject to conditions as stated in the license while leaving ownership with an author. Contracts should also always articulate what rights will be used in an assignment or license, like scope of use, duration, royalties, digital rights. Keeping rights for the author, for instance, for future adaptations and/or translations, ensures that the author is not permanently dispossessed of their work. In the digital world, many authors often send manuscripts in electronic format. Authors are able to implement digital rights management (DRM) tools, encrypt their work, and simply watermark it to discourage reproduction of their manuscripts. Authors can share their manuscripts in a form that is not easily altered or control their dissemination to close friends, family, or colleagues whose abilities to follow restrictions are well known.

When manuscripts are shared with editors or reviewers, a Non-Disclosure Agreement (NDA) can ensure confidentiality and create legal consequences if the material is misused. It is also important to keep evidence of authorship. Authors should keep dated drafts, notes, and electronic communications that show their manuscript's development. An author can strengthen proof of originality by keeping their manuscript in a trusted repository or simply preserving a sealed, dated copy, which serves as evidence of when the work was first created. Moreover, monitoring third-party online use can be a reliable way to manage writings on the internet, along with plagiarism detection services and academic misconduct units. If there is misuse, authors may send notices or request a takedown of the work under the IT Act 2000.

REMEDIES AND CHALLENGES

Once an author makes reasonable efforts to protect themselves from team use of their original work under specific privileges, the law will offer them remedies. Depending on the circumstances of the infringement of an author's original work, the Copyright Act offers authors civil remedies of injunction to cease misuse, damages or account of profits to compensate for losses, and delivery/seizure orders for copies of the original work that are infringing. Authors may also get criminal remedies, which, if the infringement is willful, may include imprisonment and fines. In addition to civil remedies, authors can file complaints with online intermediaries under the IT Rules, 2021, that order removal of pirated content. The reason for enforcement of copyright law poses unique obstacles. In the digital landscape, infringing material is so easily distributed internationally through many digital file formats that enforcement of rights across borders becomes complicated and costly. Many copyright actions also require litigation, which means the enforcement process can take a substantial period of time—often discouraging individual authors from initiating an action.

The line between plagiarism and copyright infringement can be elusive as well. Plagiarism is an ethical issue where one fails to give attribution to the original author. Copyright infringement is a legal wrong because it involves the unauthorized use of expression. An author can be both a victim of plagiarism and a victim of copyright infringement at the same time, but there is a legal remedy for copyright infringement. Moral rights, despite some of these obstacles, are a unique source of protection for authors. Authors have the right to object to any changes made to a manuscript that is published if that alteration might reflect poorly upon the author or affect their reputation—even after transferring the economic rights. This right can last indefinitely and is used to protect the identity and dignity of the author.

This also emphasizes the point that authors often do not view their manuscripts as products that can be passed around without regard to the personality of the creator—the manuscript is merely the manifestation of the life experiences of the author.

CONCLUSION
Protecting a manuscript involves more than just financial returns; it is about protecting the creative personality of the author. The law provides firm foundations through automatic copyright, moral rights, and cross-territory enforcement. However, the law is not the sole answer; the authors have to follow this with some deliberate actions that can take the form of registering their works, using non-disclosure agreements (NDAs), using electronic protections, and keeping detailed records. Indian courts have routinely recognized the value of literary works and have established respect for the dignity of their creators, but it is the author that has the most impact on protecting their manuscript.