Amar Nath Sehgal v. Union of India

Facts

• Amar Nath Sehgal, a renowned artist, was commissioned to create a large bronze mural for the walls of Vigyan Bhawan in New Delhi
• The mural was installed in 1962 and remained for decades
• In 1979, the Government of India (Union of India) had the mural removed and dumped in a storeroom during renovations
• The mural suffered significant damage during removal and storage
• Sehgal filed suit claiming violation of his moral rights under Section 57 of the Copyright Act, 1957

Issue

1. Whether the destruction or mutilation of a commissioned artwork by the owner of the physical object violates the author's moral rights under Section 57 of the Copyright Act, 1957?

Held

• Moral rights are independent of economic rights and survive even after assignment of copyright
• Section 57 grants the author the right to claim authorship and to restrain distortion, mutilation, or modification that would be prejudicial to honour or reputation
• The right extends to destruction of the work, as destruction is the ultimate form of mutilation
• The Union of India was directed to return the mural to the plaintiff and pay damages of Rs. 5 lakhs
• The court affirmed that moral rights are inalienable and cannot be waived by contract

Ratio Decidendi

Moral rights under Section 57 of the Copyright Act are perpetual and inalienable rights that vest in the author regardless of whether economic rights have been assigned. The destruction of a work of art constitutes the most extreme form of mutilation and prejudice to the author's honour and reputation, and is actionable even when the physical object is owned by another party.