Modifications of an artwork without consent infringe the artist's moral rights, adversely affecting their honor and reputation as protected under Section 25(2) of the Copyright Act.

[1] Dato' Syed Ahmad bin Jamal (the plaintiff) is a highly respected and internationally well-known artist. He is the only artist to date who has been recognized by the Malaysian government by the award of the National Laureate for his contribution in the field of art in 1996. He is one of the pioneer artists who has defined the local art scene and set new standards of creativity. He is also the former director of the National Art Gallery. In 1996, he was also conferred the Panglima Jasa Negara for his outstanding contribution in the development of arts and culture of the nation.

[2] Pursuant to a commission by UMBC Harta Sdn Bhd in 1985, the plaintiff designed and completed a sculpture entitled "Puncak Purnama" ("Lunar Peaks") and the surrounding landscape on a vacant government land in Jalan Sultan Mohamad near UMBC building Kuala Lumpur. A sculpture is a three-dimensional manifestation of an artist's vision and idea whether in abstract, figurative or morphological forms, geometric or organic, in a medium or a mixture of media consistent with the concept and nuances or creation and sometimes making use of the ambient space or artificial trappings.

[3] The plaintiff's towering public sculpture was made from luminous reinforced concrete clad with white "Pyroceram" slabs, had broad bases to suggest the nation's stability and steps to indicate the stages of continuous development in various direction of the nation; and comprised a circular reflecting pool with deep blue tiles to reflect the Lunar Peaks and the sky, together with fountains spurting fine sprays of water, creating a mist-like effect at the base of the Lunar Peaks. Its two right-angled triangles were meant to represent Gunung Ledang. The surrounding landscape, which consisted of the external landscape plaza contiguous with the said pool, played a supporting role by contrasting with the pristine whiteness of the sculpture, revealing a balanced harmony and heightening the sense of serenity created by the said sculpture. A unique plinth had been constructed duly ascribing the authorship of the Lunar Peaks and the said surrounding landscape to the plaintiff. On 20 November 1986, Lunar Peaks and the said surrounding landscape known as "Taman UMBC" was presented to Dato Bandar Kuala Lumpur (the defendant) as a gift from UMBC to the residents of Kuala Lumpur.

[4] In 2000, the defendant carried out modifications to the Lunar Peaks by replacing the "Pyroceram" slabs with stainless steel plates and fixing steel tubing along the perimeter of the sculpture, and replacing the deep blue tiles in the reflecting pool with black-coloured tiles without notifying the plaintiff or seeking his consent. Further, the defendant similarly modified the said surrounding landscape by adding chequered black and white tiles to the external landscape plaza.

[5] On or about 15 August 2000, the plaintiff via his solicitors wrote to the defendant to state his objections against the defendant's modifications. On or about 10 June 2003, the plaintiff through his solicitors issued a demand to the defendant, inter alia , that the defendant within seven days from the date of that letter to give the plaintiff a written undertaking that it shall forthwith restore Lunar Peaks and the surrounding landscape to its original condition and to construct a similar plinth duly ascribing the plaintiff as t