Journal of Intellectual Property Rights

Devanshu Sajlan ¹

Affiliations
1 Civil Judge/Metropolitan Magistrate, Delhi Judicial Services, Tis Hazari Courts, New Delhi – 110 054, Delhi,, IN

Abstract

This article is premised on a hypothetical scenario related to the Netflix show ‘Money Heist’. The underlying theme of Money Heist is to portray victory of Robin-Hoods over a fascist regime. In this backdrop, the Article envisages the following hypothetical scenario (which has been analysed on the principles of law related to moral rights): the show makers, in order to metaphorically highlight the aforesaid ideology of the show, depict a painting of Hitler falling from the wall, while the characters are busy celebrating their victory over the police force. Salvador Dali, the painter of the said painting, watches this show and is upset by the use of his painting for a political comment. He decides to file a suit alleging violation of his moral rights due to the use of his painting for a political propaganda. In order to analyse this hypothetical issue, the legislative history of Berne Convention has been carefully scrutinised. In addition, various international case laws have been discussed in relation to (i) facts involving alteration to the context of an artwork; (ii) the correct test to be applied to establish prejudice to honour or reputation of an artist; and (iii) the scope of protection afforded by article 6bis.

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