Artist moves Madras High Court alleging Indian Navy copied his Rajendra Chola sculpture

An artist has moved the Madras High Court alleging that the Indian Navy copied his sculpture of Chola emperor Rajendra Chola I to create a 20-foot statue installed at the Naval Headquarters Office in Chennai [Ashok Balakrishnan Vs Union of India & Ors].

The artist, Ashok Balakrishnan has sought the removal of the statue, an injunction against further reproductions and ₹15 lakh in damages for alleged copyright infringement, breach of confidence, violation of moral rights and unjust enrichment.

Justice Kumaresh Babu on Tuesday restrained two private sculptors from making any further reproductions of the disputed sculpture.

The Court also sought a response to Balakrishnan's plea from the Union government and the other defendants. The Court did not, however, direct the removal or covering of the statue already installed at the Naval office.

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.

Balakrishnan told the Court that he submitted an estimate of approximately ₹8.79 lakh for a 10-foot statue and another estimate for the 20-foot version. However, the Navy allegedly gave photographs of his miniature to two other sculptors and engaged them to produce the larger statue.

The private defendants (sculptors) are accused of reproducing Balakrishnan's sculpture and creating moulds that could be used to manufacture multiple copies. To back up these 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.

Balakrishnan has also sought an injunction to restrain the reproduction, copying, adaptation or modification of his sculpture. He further sought an order for the dismantlement of the statue at the Naval office, and for the delivery of the same to him.

His other prayers include the surrender of all moulds, casts, drawings and digital files used to create the allegedly reproduced statue, the removal of related content from social media platforms and accounts of the profits earned by the private sculptors.

As an interim measure, Balakrishnan suggested that the installed statue could be covered with gunny bags. The Court questioned whether this was necessary and indicated that his plea for compensation could be considered.

“Why can’t it be for the nation’s heritage?” the Court asked during today's hearing.

Balakrishnan responded that the reproduction also violated his moral rights because it did not faithfully represent his conception 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 a majestic king in my sculpture,” his counsel submitted.

The prayers concerning the removal of the existing statue, damages and other reliefs are yet to be considered by the Court.

Balakrishnan was represented by Advocate MS Bharath of KRIA law the firm.