Oil painting pictures resemble the court convicted infringement

YanYaYa painter painted pamirs plateau tajik is famous for its people, and XueHuaKe accused yan painting photographer deduce his photographic works, it will be against the court. Recently, reporters learned that, chaoyang court ascertained that the YanYaYa has five of the oil painting in XueHuaKe photo copy drawing, belongs to the tort, ordered it to compensate all the loss XueHuaKe 70000 yuan.

XueHuaKe of China academy of fine arts of Feast of the rabbit oil painting . According to xue about, in 2005, he asked for YanYaYa to art appreciation, he will work developing a and some books YanYaYa gift. Since then, he has found YanYaYa will his 8 photographic works deduce for oil painting and display, and auction, one of the four works with more than 20 respectively to more than 30 ten thousand yuan price auction clinchs a deal.

XueHuaKe think, YanYaYa behavior infringe upon their works to enjoy the emobodied. Requirements YanYaYa stop infringing, make an apology, each painting compensation for its economic loss of 15000 yuan, and ask the foreign auction YanYaYa oil painting in two of the auction company take back the auction infringement has work and be destroyed.

The court found that from 2005 XueHuaKe and YanYaYa separately went to the pamirs, local residents for objects for creation. By comparison, YanYaYa "ZhuoMa and prejudiced", "according to the firm mention" and so on the five paintings respectively with the XueHuaKe corresponding photography highly similar, there are also the zola ", "look at my eyes" two of oil paintings and photographs involved are quite different. By the end of last year, another of the work "grandma" by the court decided the first instance constitute infringement.

The court said that, as a realistic class works, involving a photography works only for the creation of the performance figures theme, and presents of screen image works piece is the expression of the Swing boat venice oil painting , which is part of the protected by law. YanYaYa adapted XueHuaKe five photographic works, did not obtain permission from, and still will be adapted the canvas work after used for exhibition, publishing, also fails to pay the remuneration, so violated the XueHuaKe enjoy emobodied, should stop infringing, compensation for the loss of a legal responsibility, the above judgment.