Amar Nath Sehgal v Union of India (2005)

Intellectual Property Rights II · Remedies Against Infringement of Copyright

Facts.

A bronze mural by sculptor Amar Nath Sehgal, commissioned for Vigyan Bhawan, was removed and consigned to a store-room, damaging it.

Issue.

Can an author invoke moral rights against the owner of the physical work for its mutilation?

Held.

Yes. Under s.57 the author’s right of integrity survives assignment of ownership. The court ordered return of the mural and awarded damages.

Why it matters.

The leading Indian authority that moral rights (paternity and integrity) are independent of, and outlast, economic ownership.

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