Copyrightability of Obscene Works

By: Bhumika Sharma

“Art is never chaste. It ought to be forbidden to ignorant innocents, never allowed into contact with those not sufficiently prepared. Yes, art is dangerous. Where it is chaste, it is not art.”

-Pablo Picasso

Obscene artworks have often invited the attention of courts, not just in recent times but also in the past. Created in circa 1797, Francisco Goya’s La Maja Desnuda, also called one of the sexiest paintings of all times, was once seized by the authorities. The painting portrays a woman lying naked on a green velvet bed and although this was not the first nude painting, what was so shocking about the painting was the fact that the woman in the painting held an unapologetic and unashamed gaze, looking directly into the eyes of the viewers. This painting was considered so deplorable that the curator and the first known owner of the painting, erstwhile Prime Minister of Spain Manuel de Godoy, were summoned in the court to identify the creator of this painting. Owing to which Goya was summoned in the court for moral depravity. Though the painting was once confiscated , today it hangs in one of the most prestigious museums in Spain, Museo del Prado in Madrid, an example of how art, no matter how shocking, finds acceptance from its audience over time.