Oil painting prime minister in wenchuan and photography composition similar to lawyer said infringement
Oil painting prime minister in wenchuan and photography composition similar to lawyer said infringement
Painter Feng Ming creation of the famous oil painting "the prime minister in wenchuan" in rong just clap out 3.5 million yuan of messages (this newspaper had reported), in the society caused a warm response. Yesterday, with the xinhua news agency reporter Yao Dawei taken photography "farewell to beichuan," similar to oil painting "the prime minister in wenchuan" once again become a hot focus. Is the painter copying photographer? Or the painter two degrees creation? Opinions vary. For the prime minister in wenchuan attracted controversy, yesterday reporter interviewed the photography and fine arts and the legal profession.
Painter Feng Ming:
Second there is no infringement
Referring to the prime minister in the creative process, Feng Ming recalls, in May 2008 wenchuan after the earthquake, he immediately rushed to the disaster area, more than a month of time drew thousands of sketches and took 3000 photographs. Then, after nearly a year, completed the 2.8 meters wide, 2.8 meters high, a giant painting of the prime minister in wenchuan. 6, this month, he put it on silent, sold for $3.5 million. The payment will be on this month 17 all donated to the Red Cross of sichuan province, is designed to help the sichuan earthquake disaster area Marine ormrod, and suffer from cardiovascular disease of children in quake-hit areas.
Yesterday, in the face for his portrait painting work on the net, Feng Ming did not consider himself infringement. He admitted, although it is true that the creative with reference to the xinhua news agency reporter Yao Dawei farewell to beichuan, the photography, but his works are "re-creation". Feng Ming say: "oil painting and photography is a different art categories, I through the oil painting pictures, does not constitute infringement, and national leaders also does not belong to the photographer personal image." But he finally confessed, and oil painting reproductions creation is completed, should be informed farewell to beichuan "author Yao Dawei photography works.
The original photographer:
Hope to respect copyright
Learned, photography "farewell to beichuan," in 2008 on May 22, xinhua broadcast the news photography works by release, many newspaper front pages are used throughout the country. In an interview with the media, photography ", "farewell to beichuan, the author, xinhua news agency reporter Yao Dawei admitted that he was watching the news on the Internet to learn oil painting" the prime minister in wenchuan "with his photographic works. "Photographers phenomenon is not uncommon that are used by the artist, but I think, the creation of the photographers should be at the very least respect." Yao Dawei said, hope it can get a better solution, and hope that through this matter cause attention, respect the photographer's copyright.
Lawyer:
Drawings shall be signed the original author
Oil painting and photography are similar, are suspected of infringement? When accepting a reporter to interview the parties who have different views. Province photographers' association, vice chairman and secretary general Jia Yuegong think: if a certain artistic processing, create a cultural atmosphere, and should not plagiarize. Chengdu artists association, chairman of LiuZhengXing also thinks: the painter created again, according to photography is an art of the second creation, fair and reasonable.
Square law firm lawyers WuBo tells a reporter, paintings of photography is the second creation of the law allows, Feng Ming art works of "farewell to beichuan," created again, can be identified is not plagiarism. But in the second creation and form new works of authorship, the author has the right to signature for new work. The event, while the painter Feng Ming did not benefit from the work, but he suspected to infringe the original photo of authorship. Feng Mingyou obligations for the author's signature in the new work, the author also has the right to require the painter for the increase of authorship.
Our reporter? Wang Jia
According to the Yangtze evening news reported. Guangdong a lawyer at the left good think less, because of the painting object is a public figure, so should not constitute infringement. But the lawyer Zhong Liyang is that? Whether or not constitute infringement mainly to see what is its purpose. "The painting to auction, gained the economic benefits, will constitute infringement."
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