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Copyrights in focus over painting based on photo

By Hao Nan (China Daily)
Updated: 2011-05-18 13:54

Large canvas of Wen Jiabao at earthquake site brings 3.5 million yuan at auction

An oil painting, auctioned for 3.5 million yuan ($538,000) on May 6 in Chengdu is again in the limelight after it was deemed "extremely similar" to a widely published news photo - triggering a hot dispute over whether that constitutes piracy.

The painting, some 1.5 meters tall and 2.8 meters wide, titled Premier Wen Jiabao in Wenchuan, depicts the premier visiting the earthquake-stricken area.

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It was painted by famed artist Feng Ming, who started his work in 2008 and spent nearly a year finishing it.

The copyrighted photo was taken in May, 2008 by Yao Dawei, a photographer for Xinhua News Agency. It was used on the front page of many newspapers across the nation.

Using photos as a reference for painting is commonplace, Yao said, but "painters should show respect for the copyrights of photographers".

"I hope the case can draw the attention of authorities to improve the protection of photographers' intellectual property rights," he noted.

Feng defended his work by saying oil painting and photography are different categories of art.

"I represented the photo, along with the feelings involved, with my work, so it should not be regarded as an infringement," he said.

As well, "the images of national leaders are not owned by photographers", he said. But he admitted he based his painting on Yao's photo and should have informed him after completion.

"I will contact Yao to express my gratitude," he said. "I did not paint it for my own sake."

Proceeds from the painting's sale at auction were donated to the Red Cross Society in Sichuan province for treatment of children with cardiovascular disorders and earthquake victims with broken legs or arms.

"I believe Yao will understand," Fend said.

Jia Yuehong, vice-chairman of the provincial photographers association, said the painting's aesthetic treatment should be considered a new work enjoying the rights of authorship.

Wu Bo, a lawyer at the Sifangda Law Firm, agreed that using the photo as a guide was within the framework of the law, but "Feng still infringed the photographer's authorship rights because a derivative artwork should include the name of the original creator".