Artist Alleges Copyright Infringement by Indian Navy
A legal battle has unfolded in the Madras High Court as Chennai-based artist Ashok Balakrishnan accuses the Indian Navy of replicating his sculpture of Rajendra Chola I without permission. The 20-foot statue in question is prominently displayed at the Naval Headquarters Office in Chennai, leading Balakrishnan to seek judicial intervention against the alleged copyright violation.
Claims of Unauthorized Reproduction
The case, titled Ashok Balakrishnan Vs Union of India & Ors, highlights Balakrishnan’s demand for the removal of the statue and an injunction to prevent further reproductions. The artist is also seeking damages amounting to ₹15 lakh, citing copyright infringement, breach of confidence, and violation of moral rights. In response, Justice Kumaresh Babu has temporarily restrained two private sculptors from creating any additional copies of the disputed artwork.
Allegations Against the Indian Navy
Balakrishnan contends that the Indian Navy initially approached him to craft a miniature sculpture of the Chola emperor. Based on their request, he submitted proposals and cost estimates for both 10-foot and 20-foot versions of the statue. Despite this, the Navy allegedly handed over photographs of his miniature sculpture to other sculptors, who then produced the larger version of the statue.
Evidence and Legal Arguments
Balakrishnan’s case is supported by alleged evidence, including social media videos showing these private sculptors creating the statue. His counsel argues that the unauthorized reproduction not only infringes on his copyright but also threatens to diminish the uniqueness of his work, with potential mass productions rendering it insignificant.
Pending Court Decisions
While the court has not ordered the removal or concealment of the statue at the Naval office, it has sought responses from the Union government and other defendants. The court is yet to address Balakrishnan’s broader requests, which include dismantling the existing statue, prohibiting further reproductions, and delivering the statue to him.
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Artist’s Perspective on Moral Rights
Balakrishnan maintains that the reproduced statue misrepresents his original vision of Rajendra Chola, portraying the historic figure in a less authoritative manner than intended. His counsel stressed that the Chola emperor was India’s first naval king, deserving a depiction of majesty and power, which the current statue fails to embody.
Represented by Advocate MS Bharat, Balakrishnan continues to await further court deliberations on his plea for compensation and other reliefs.
