Nude painting after exposure led change events of hot debate, models and painter in love with a love witness-nude, the first boyfriend broke up painter will become a nude painting, then oil painting to be auctioned, model and prosecution painter claim 500000. Nude paintings were changed after the auction, the painter is court summons, he's feeling angry, but not before painting by signing an agreement with the nude model, was eventually court nude model for 300000. Lawyer says, nude painting become these disputes are mostly model party win the lawsuit.
Five years ago, songzhuang artists WangHongZheng please the human body model little eyebrow (a pseudonym) shooting nude, and to photograph the creation oil works. Model heard paintings were after the auction, the prosecution claim 500000. Recently, the hunan xiangtan YuHuOu a trial court painter compensate for 300000, at present the case has entered the second instance.
The case after exposure, arouse wide attention and net friend of hot debate. According to the Chinese culture media nets news, vice President of the national academies ZhangXiaoLing, famous painter in GuiYuan many in the industry, etc, all support painter protect their legal interests.
Model lawsuit argues that reputation violations for 500000
The trigger for this litigation is entitled "the dust" series of works, the painter WangHongZheng the creation, and had attended in the China millennium the "ninth school" held the first oil painting exhibition.
The plaintiff little eyebrow now is a teacher. She appeals to say, in early 2011, heard friends, colleagues and students' parents to her comment in succession, and learned that it to yourself as the prototype of the oil painting exhibition and naked in some journal, and public auction. Little eyebrow think, this behaviour infringed upon his portrait, reputation and privacy, requirements WangHongZheng painter immediately make an apology and compensation was 500000 yuan. In the process of the proceedings, the little eyebrow also please two witnesses, oil painting published, little eyebrow many colleagues, students' parents to her evaluation very bad, think its "behavior" and people's teacher identity very proportion.
The painter response had already pay model 2000 yuan
Eve, WangHongZheng still the matter in a blog called for attention. He says, composed in 2007 when this piece is reading a graduate student. At that time through a friend, model company choose the human body model, and finally chose 3 people as a reference prototype. In view of the "everybody knows", "as a painter is very sensitive", he was with small eyebrow and did not conclude agreement between, simply took a group of nude photos. He pay about $2000, little eyebrow and left. He says, received court summons was "furious about".
Verdict is a "copy painting" the painter compensate 300000
For the case, YuHuOu first-instance court of xiangtan that although artists say oil painting in the photos are small compared with the eyebrow to have bigger difference, at the same time, also in the works of subjective creation, but the evidence of little eyebrow has been able to prove its oil portrait of my consistency, belong to "copy painting", thus infringing upon the portrait. In addition, the court said that the little eyebrow naked belongs to its privacy, the painter's approval as published without without authorization form of infringement, and also damage the "people's teacher" good image, so and violated privacy, reputation.
The court according to the oil painting public auction is more than 240000 yuan, the defendant published many canvas circumstances, take into consideration the identified the compensation 300000. After the verdict, WangHongZheng lodged the appeal, this case will be on March 30 second th. According to the Yangtze evening paper
There is the said party both sides had to fall in love?
March 27,, in a telephone interview "little eyebrow" attorney, the other side tells a reporter, "little eyebrow" is not the naked model, but WangHongZheng was girlfriend. "I am the parties' little eyebrow", in view of the hype and slander WangHongZheng crazy... I think I can't silence, it is necessary to clarify the facts." March 27 13 points of 29 points, net friend "small cyworld" in rednet (BBS "naked mold profession the cooperation HuoPei painter prosecution after 300000," a thes. Such a reply. In reply, "small cyworld" said he is not naked mold, but a painter, is also a teacher.
"I had a job 1998, 2006 in the central academy of fine arts graduate student class education, through the art institute of education in the villagers know is in the study with the WangHongZheng, he lied about her divorce, and I set up a relationship, and requirements to me as a souvenir, photo later I know the truth, and broke." "Small cyworld" said, the year before last year, have classmates tell her, WangHongZheng drew her naked like exhibition and sell. "He did not pass me any agreed to the creation, and to a photograph published exhibition, infringing upon the sale of my rights." March 27 late, journalists and little eyebrow attorney, contact each other confirms that "small cyworld" is the "little eyebrow".
Experts point
These disputes mostly model party win the lawsuit
The best way to protect the painter is signed an agreement before painting
In this case, experts say, realistic style of the works more likely to privacy and image problem, and because it is the painter's art creation, is also related to copyright problems. In the copyright area, such dispute or more common, and not only painting, including photography. Legally speaking, the image and the protection of privacy necessity than art copyright, so in such cases, most win the lawsuit is a party rights.
Experts say, although the painter painted using certain art when the means of creation again, but like works of art major is to see whether tort painting itself, and also is a portrait or photographs can truly reflect a person portrait various state, the painter I said not calculate, is to general people to affirm. A portrait works to exhibition and transfer, or have to pass the right to privacy people I agree.
Experts say that although copyright to create party also produced protection, but also protect is not absolute, especially in the portrait and privacy involves people. So for an artist is concerned, the best way to protect their own rights-is painting and models before signing an agreement. The painter with model will generally not voice signed an agreement
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