Artist accuses Indian Navy of copying his Rajendra Chola sculpture
What's the story
An artist has moved the Madras High Court alleging that the Indian Navy copied his sculpture of Chola emperor Rajendra Chola I. The 20-foot statue is installed at the Naval Headquarters Office in Chennai. The artist, Ashok Balakrishnan, has sought ₹15 lakh in damages for alleged copyright infringement, breach of confidence, violation of moral rights, and unjust enrichment.
Legal proceedings
Court seeks response from Union government
Justice Kumaresh Babu has restrained two private sculptors from making further reproductions of the disputed sculpture.
However, the court did not order the removal or covering of the already installed statue at the Naval office.
The court also sought a response to Balakrishnan's plea from the Union government and other defendants involved in this case.
Allegations unfold
Navy allegedly commissioned 2 other sculptors for larger versions
Balakrishnan claims Navy officials first approached him for a miniature sculpture of Rajendra Chola. They later asked him to submit proposals for larger versions measuring 10 feet and 20 feet.
He submitted an estimate of ₹8.79 lakh for a 10-foot statue and another estimate for the 20-foot version but alleges that the Navy gave photographs of his miniature to two other sculptors who then produced the larger statue.
Video
'Could make my work completely insignificant'
To support his claims, Balakrishnan relied on videos purportedly uploaded by them on Facebook and Instagram showing the making of the statue.
"My biggest problem is not only that the government has installed the statue, violating my copyright in the sculpture, but that they have encouraged third-party sculptors to make moulds. They can now make hundreds of statues across the country and make my work completely insignificant," his counsel argued.
Moral concerns
Balakrishnan proposed covering statue with gunny bags
As an interim remedy, Balakrishnan proposed covering the statue with gunny bags. The court questioned whether this was necessary.
The court also asked why the statue can't be for the nation's heritage, to which Balakrishnan replied that it did not accurately reflect his vision of Rajendra Chola.
"They have made the statue look a bit submissive. Rajendra Chola is supposed to be the first naval king of the country, and I have portrayed him as...majestic king," his counsel submitted.
Prayers
Prayers sought by artist
Balakrishnan has requested an injunction against the duplication, copying, adaptation, or modification of his work. He also requested an order that the monument be dismantled at the Naval Office and delivered to him.
The court indicated that his plea for compensation could be considered, but prayers concerning the removal of the existing statue, damages and other reliefs are yet to be considered.