Indian Navy Accused of Copying Rajendra Chola Sculpture by Ashok Balakrishnan

• Artist Ashok Balakrishnan alleges that the Indian Navy copied his Rajendra Chola sculpture without permission.
• The disputed statue stands at 20 feet tall and is installed at the Naval Headquarters Office in Chennai.
• Balakrishnan seeks ₹15 lakh in damages for copyright infringement, breach of confidence, and other claims.
• The Madras High Court has restrained two private sculptors from making further reproductions of the sculpture.

According to Balakrishnan, Navy officials initially 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.

Artist Ashok Balakrishnan has taken the Madras High Court to task, alleging that the Indian Navy copied his sculpture of Chola emperor Rajendra Chola I without permission. The disputed statue stands at an impressive 20 feet tall and is installed at the Naval Headquarters Office in Chennai. According to court documents, Balakrishnan initially approached by Navy officials for a miniature version of the sculpture, but was later asked to submit proposals for larger versions measuring 10 feet and 20 feet. He claims that he submitted detailed estimates for both sizes, but the Navy allegedly gave his photographs to two other sculptors and commissioned them to create the larger statue instead.

The lawsuit, which seeks ₹15 lakh in damages, alleges copyright infringement, breach of confidence, violation of moral rights, and unjust enrichment. Balakrishnan's lawyers argue that the Navy's actions constitute a clear case of intellectual property theft, as they failed to obtain necessary permissions or credits for his original work. The court has already restrained two private sculptors from making further reproductions of the disputed sculpture, but has not directed the removal or covering of the existing statue at the Naval office. The Union government and other defendants have been asked to respond to Balakrishnan's plea.

This case highlights the importance of respecting intellectual property rights in public art projects. Lawyers advising clients on such projects should be aware of the potential for copyright and moral rights claims, and ensure that they obtain necessary permissions and credits from the original creators. The Madras High Court's handling of this case sets a precedent for future cases involving public art and intellectual property disputes. As the legal landscape continues to evolve, it is essential for artists, clients, and lawyers to understand their obligations and responsibilities in protecting creative works.

Lawyers advising clients on public art projects should be aware of the potential for copyright and moral rights claims, and ensure that they obtain necessary permissions and credits from the original creators.

Source: Original reporting via The Hindu