The Debi Protima (idol along with the embellishments) is placed under huge temporary canopies, which are made using a framework of bamboo poles draped with colourful fabric. With time, however, the definition of pandals has evolved into something much grander, with the entire setup based on different themes concerning the mythology, environment, social occurrences, world events and more.
A major highlight during Durga Pujo is undoubtedly “pandal hopping” or visiting one pandal after another. Millions of people are seen on the roads of the city of joy Kolkata, during the Durga Pujos visiting the Sarbajanin (community) and Bonedi (traditional/royal) Pujos. The city is filled with thousands of pandals – on the streets, in the lanes, inside big houses and in the local parks. It’s only possible to visit a handful of them, and you need to keep an eye out every year to know which pandals have been gaining recognition, so that you can cherry-pick the best ones for visiting.
Non-resident Kolkatans and people from neighbouring cities and villages are also seen pouring into the city during the Durga Pujos to catch a glimpse of the Goddess. With the pandals being open to the crowds 24/7, any time in the day or night, is ideal for pandal hopping in Kolkata. Around 6-8 million people can be found pandal hopping on the streets of Kolkata during Durga Pujo, thus making it the World’s Biggest Festival.
Can go pandal hopping at Kolkata from wherever you are on MahaUtsav Online. Offer Anjali, enjoy online darshan, book your Daala for offering Pujo to the Goddess right here! Catch the action live from some of the most prestigious Durga Pujo’s of Kolkata online.
Architectural copyrights:
An expression fixed in a tangible medium is protectable under copyright law, but an idea is not.
Copyrights protect original works of authorship fixed in a tangible medium. In other words, they can cover architectural works, blueprints, BIM models, technical design documents, renderings, elevations, and even constructed buildings themselves. Copyrights initially vest in the creator of the work, which in the construction industry typically is the architect or engineer.
Patent: There are many patents related to the construction industry, including construction processes, equipment, materials.
What types of works may be protected by copyright?
The Copyright Act provides a closed list of protected works under section 13. These works are original literary, dramatic, musical, artistic, sound recordings and cinematographic works. Copyright law in India also protects neighbouring rights (ie, broadcast reproduction rights and performers’ rights).
What types of rights are covered by copyright?
The Copyright Act, 1957 sets out the following rights of copyright to the copyright owners:
In the case of literary, dramatic or musical works – the exclusive right to reproduce including storage in any medium by electronic means, issue copies, public performance, make any film or sound recording in respect of that work, to translate and to adapt the work and the right of communication to the public (which is defined widely enough to cover dissemination over the internet).
In the case of artistic works – to reproduce the work in any material form. This may include storing it in any medium by electronic or other means or depicting a two-dimensional work in three dimensions or vice versa. Copyright in an artistic work also includes the exclusive right to communicate the work in public, issue copies of it, include it in a cinematograph film, and translate or adapt the work in any way.
In the case of sound recordings – to make any other sound recording embodying it on any medium including storing of it on any medium, to sell or give on commercial rental or offer for sale such rental and to communicate the sound recording to the public.
The author enjoys moral rights independent of copyright, being the right to paternity and integrity, which exists despite assignment of copyright. However, this does not extend to adaptation of a computer program for fair dealing purposes. It is also specifically stated that violation of moral rights (specific to the right to integrity) is judged objectively.
Moral rights can be enforced by the legal representatives of the author. The 2012 amendments to the Act provide that a legal representative of an author can exercise both paternity as well as integrity rights in a work. The 2012 amendments also consciously omit the previous co-extensive term of moral rights with copyright by specifically removing the copyright term restriction on a claim for right to integrity by the legal representative. Moral rights are not assignable (although on general principles as it is a civil right and not a fundamental right under the Indian constitution, moral rights can be waived).
Are moral rights recognised?
Yes. The Copyright Act provides for protection of moral rights of authors in their works and of performers in their performances. Performers’ moral rights were provided by the Copyright (Amendment) Act of 2012.
Moral rights of an author consist of the following:
the right to claim authorship of the work (paternity right); andthe right to claim damages in respect of any distortion, mutilation, modification or other acts in relation to the work if such distortion, etc, would be prejudicial to his or her honour or reputation (integrity right). (Prior to the 2012 amendments, such remedy was available only against mutilation, modification, etc, of a work during the term of the copyright in the work. However, this moral right is now a perpetual right of the author and his or her heirs.)
Moral rights of a performer consist of the following:
The right to claim to be identified as the performer of his or her performance except where omission is dictated by the manner of the use of the performance; and the right to restrain or claim damages in respect of any distortion, mutilation or other modification of his or her performance that would be prejudicial to his or her reputation. (Mere removal of a portion of a performance for the purpose of editing, or to fit a recording of a performance within a limited duration, or any other modification required for purely technical reasons, is not deemed to be prejudicial to the performer’s reputation.)
What qualifies as artistic work in the Indian copyright Act?
Section 2(c) in the Copyright Act, 1957
(c) “artistic work” means,—
(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;
(ii) a 4[work of architecture]; and 1[work of architecture]; and”
(iii) any other work of artistic craftsmanship;
Artistry should be seen as the utilisation of skill, taste and original thought on the part of the creator in producing an item which will appeal to viewers’ artistic sensibilities as well as their aesthetic taste.
Craftsmanship must reflect a manifestation of pride in sound workmanship. Certain legal cases have established that a work of “craftsmanship” should be a durable, useful, handmade object made in a skillful way.
Section 2(d) of the Design Act, 2000 has defined the term design as ” the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 or property mark as defined in section 479 of the Indian Penal Code or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957.”
The Design Act, 2000 provides for registration of Architectural works under Class 25-03 and 25-99. Due to multiple provisions conferring protection to architectural works, a conflict mayarise, whether Architectural works should be protected under the Copyright Act, 1957 or under the Design Act, 2000 or whether Section 15(2) of the Copyright Act, 1957 would come in play for determination of what works would be protected through Designs vs Copyrights.
FAMOUS AND UNIQUE PANDALS IN CALCUTTA:
Traditional Idol: Bagbazar
Bagbazar, one of the oldest Durga Puja pandals in Kolkata, celebrated its centenary in 2018. The pandal is a relatively simple one with emphasis on tradition and culture. However, it always attracts attention because of its strikingly beautiful idol of Goddess Durga. An exhibition is held on its grounds, with carnival rides and stalls, as well. The sindoor khela ritual on Dashami
Traditional and Modern Fusion Art: Kumartuli Park:
Kumartuli Park is a relatively young pandal, having been formed in 1995, but one that has become deservedly popular. It’s particularly special because it takes place in the area where many of the Durga idols are handcrafted by professional clay modelers. The organizers believe in thinking outside the box when it comes to themes, so expect the unexpected!
Lake Side, College Square
Established in 1948, College Square is beside a lake; the whole area is illuminated for the festival. Understandably, the crowd flocks to this pandal to see the sparkling lights and their reflection on the water. A special Kumari Puja is also held there.
Lighting and Temple Replicas: Ekdalia Evergreen
Ekdalia Evergreen began in 1943 and has become well-known for its outstanding replicas of temples from all over India. The decor and lighting is superb. The pandal also has one of the tallest Durga idols in the city.
Jodhpur Park Durga Puja
The spacious Jodhpur Park pandal is one of the biggest in South Kolkata. Its themes have been vast and varied, with some years more traditional than others. In 2019, the theme revolved around creation and the pandal resembles a Shiva temple. Ash was used to build it, symbolizing rebirth that gives rise to something new.
So the design right i.e. ” the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; thus the increcate details of the pandal can get a design right and the over all structure can be given copyright under section 2(c)ii & iii. Apart from the structure itself the blueprint, BIM Modles and renderings of the pandals can begiven copyright PHOTOGRAPHS OF STAGE ARRANGEMENTS, Artistic work and each photograph shall be considered separate, however the compilations of artistic work is not qualified, Copyright and design right cannot co exisit S 10 of design act says and an affidavit needs to be provided.
Thus, the lights an the pandal put together cannot claim podyright, but separate elements such as the pandal, the lighting and the arrangement of the ornamentation can claim copyright separately.
Rowling sues Kolkata group for copying Potter castle.
The British author and Warner Brothers, who control the rights to the series in India, are seeking 2 million rupees ($50,000) in compensation from the community group. Since Rowling is still alive, she hold copyright- Moral Right of her work Ultimately the injunction went in favour of the copyright holders in recognition of the court that such usage of the copyrighted work cannot proceed without the permission of the copyright holder, which should have been obtained. In the past also Mumbai High Court directed hotels to pay towards copyright license fee for playing music in the new-year parties organized by them where an entry fee was charged. Phonographic Performance Ltd (PPL), a copyright society registered under the Copyrights Act, which took the hotels to court for failing to pay copyright license fees. PPL is the sole authority to administer the broadcasting, telecasting and public performance rights and to collect licence fees on behalf of the music industry. No two pandals will look the same, and the designs can be monitized if other festivals like Ganesh Chaturthi, Vesak festival in Srilanka, Gammagudwa, Thingyan festival in Myanmar Also more revenue will be generated and a system of working out royalities for the artists and the artisans can be created.
1 Comment
John
Great post.