Chennai Artist Accuses Indian Navy of Copying Rajendra Chola Sculpture, Files Suit for Copyright Infringement

An artist from Chennai has petitioned the Madras High Court, claiming that the Indian Navy replicated his original sculpture of the Chola emperor Rajendra Chola I. The artist alleges that a larger version of the sculpture was installed at the Navy's headquarters in the city without his consent.

Artist Ashok Balakrishnan has initiated a civil lawsuit against the Union of India and others, accusing them of copyright infringement, breach of confidence, violation of moral rights, and unjust enrichment. Balakrishnan is seeking ₹15 lakh in damages along with additional reliefs.

According to Balakrishnan, Navy officials initially approached him to create a miniature sculpture of Rajendra Chola I and later asked for proposals for larger versions of 10 feet and 20 feet. He provided an estimate of ₹8.79 lakh for the 10-foot statue along with a separate estimate for the 20-foot version.

Balakrishnan claims that instead of contracting him for the project, the Navy shared images of his miniature sculpture with two other private sculptors. These sculptors subsequently produced the larger 20-foot statue, which is now installed at the Naval Headquarters Office in Chennai.

To substantiate his claims, Balakrishnan presented videos purportedly uploaded by the other sculptors on Facebook and Instagram, showcasing the statue's creation process. His legal counsel argued that the Navy not only installed a statue based on his work without authorization but also facilitated third-party sculptors in creating moulds. This action, they contended, could lead to the mass production of similar statues nationwide, diminishing the significance of his original creation.

Balakrishnan also asserted that the installed statue does not align with his artistic vision. He had designed Rajendra Chola to be depicted as a majestic figure, reflecting his status as one of the earliest naval powers in the region. In contrast, he believes the installed version portrays the emperor in a more submissive posture.

Justice Kumaresh Babu of the Madras High Court presided over the case. The court issued an injunction preventing the two private sculptors from producing further replicas of the disputed sculpture.

However, the court did not order the removal or covering of the existing 20-foot statue at the Naval Headquarters. When Balakrishnan's representatives proposed covering the statue with gunny bags temporarily, the court questioned the necessity of such a step, noting that the statue might be considered part of national heritage.

The court has requested responses from the Union government and the other defendants in the case. The request for compensation is still being considered, while the plea for dismantling the statue and its delivery to the artist remains pending.

Besides seeking damages, Balakrishnan has requested a permanent injunction to prevent further duplication, copying, adaptation, or modification of his work, as well as an order for the dismantling and delivery of the monument installed at the Naval Headquarters.

Rajendra Chola I, who reigned approximately from 1014 to 1044 CE, is renowned for expanding the Chola empire's influence across the Bay of Bengal through naval expeditions, including campaigns against the Srivijaya kingdom. In recent years, the Indian Navy has emphasized the Chola naval legacy as part of its historical and cultural outreach.

This case highlights the issues surrounding the protection of an artist’s copyright and moral rights when governmental entities commission and adapt artistic works, especially those involving significant historical and cultural figures.

The case is still under consideration in the Madras High Court.