DEC 22, 2022

This Photographer Loses Lawsuit Against Artist Who Copied His Work

HidrėlėyApproved Contributor

The resemblance is quite striking, indeed. If you look at the image we’ve provided above, then you’ll notice a lot of similarities between the two. The one on the left is a painting made by Luxembourg-based painter Jeff Dieschburg, which won him the 11th Biennale of Contemporary Art in 2020.

The other image on the right, which looks like a mirrored copy is United States-based photographer Jinga Zhang’s work for Harper’s Bazaar Vietnam in 2017. The photographer, noticing the odd similarities between her work and Dieschburg’s took it to court for plagiarism.

However, the Luxembourg court which handled the complaint ruled that the fine artist did not commit any type of plagiarism. The original photo by Zhang, according to the judges, did not meet the criteria to fall under Luxembourgish or European copyright law.

In response to this ruling, the photographer shared to social media the basis of the ruling. “The model’s pose in my photo is not unique,” she shared. “I am devastated by the copyright ruling in Luxembourg today, which stated that my work lacks originality and therefore will not receive

Source:

https://petapixel.com/2022/12/08/photographer-loses-plagarism-case-against-artist-who-ripped-off-her-work/

More info: Instagram

The photograph is in the 2017 Harper's Bazaar Vietnam magazine

Image credits: www.instagram.com

Image credits: www.instagram.com

In this gif made by the artist we can see how much the painting is similar to the photograph

Image credits: www.instagram.com

Verificado
Some people have been saying that the painting looks nothing like my photo. To quote a comment, “It’s not the same person. The face is very different, as is the hair. Not the same folds either.”

Here’s a comparison of one fading into another.

Some might argue that it’s not a perfect copy. But that is not the point.

Licensing is a part of my business, and when artists want to reference my work to create paintings for display or sale, they purchase a license.

He could have inquired for a license with the right terms. He could have made his own references without using my “ordinary and banal” photo. But he chose to not do either and instead took full credit for the work, turned my subject into a murderous princess from a racially problematic opera, exhibited it, and offered it for sale for €6,500.

You can disagree with the business of licensing, whether it’s stock photos, music, software, games, or anything else. But this is my livelihood and business, something I have invested time and money and years of honing of my craft to create.

If stealing from individuals and businesses isn’t legal in other industries and instances, why is it so readily acceptable when it happens to artists and photographers?

I’m not upset about some random award money. I just want the choice to turn it down or be paid the correct price for my work like anyone in any other businesses or professions would.

The disrespect and vitriol from simply wanting this has been unbelievable. Why do people have so much hate and disdain towards artists and photographers? It’s so heartbreaking.