Dec 12, 2022 17:00:00

A painting created by reversing a photographer's image wins an award at an exhibition, but the artist wins a lawsuit for plagiarism

Luxembourg-born art student Jeff Dieschburg won the 11th Contemporary Art Biennale Prize at

an exhibition organized by the Luxembourg government and received a prize of 1,500 euros (approximately 210,000 yen). However, American-based artist Zhang Jingna filed a lawsuit claiming that the work was a plagiarism of her own work. However, on December 7, 2022, the court ruled that the copyright protection claim was dismissed because 'the photograph was not original enough.'

Jeff Dieschburg case: plagiarism not recognised | Delano News
https://delano.lu/article/jeff-dieschburg-case-plagiaris

Polemical: A Luxembourg artist recompensed at the expense of a Chinese artist? - The Essentiel
https://www.lessentiel.lu/fr/story/un-artiste-luxembourgeois-recompensea-t-il-plagie-uneartiste-chinoise-368268015272

The lawsuit against Zhang Jingna, a Chinese-born, US-based artist and photographer, was brought in the Luxembourg court for copyright protection. The image below compares Dieschburg's work with Zhang's work from 2017. Dieschburg's work is on the left and Zhang's work is on the right.

Dieschburg has been accused of plagiarizing other people's photographs on a number of occasions.

Continuation of the Jeff Dieschburg saga brought to light by @zemotion : he's apparently ripped of my own photography numerous times as well. Don't do this; this is not inspiration, study, nor cheeky derivative art. It's personal profit at the expense of your contemporaries. pic.twitter.com/RiWGENACDI

— Bekka Björke (@bekka) June 1, 2022

The court ruled that Zhang's work cannot be protected by copyright in Luxembourg because the poses in his photographs are not original. However, Zhang questions the idea that copyright in photographs is based solely on the poses, stating, 'If the originality of the poses is a prerequisite for copyright protection, then almost all photographic works in the world would not be protected by copyright.'

But how can a photo's copyright be based on a pose alone?

If having a unique pose is the premise for copyright protection of an image, then nearly all portrait works in the world will not have copyright protection.

— Jingna Zhang (@zemotion) December 7, 2022

In addition, Dieschburg's work was sold in Luxembourg for 6,000 euros (about 860,000 yen), and Zhang pointed out that 'the sale of Dieschburg's paintings without paying the license fee is illegal. ' Zhang also demanded that Dieschburg return the prize money and stop selling the work.

The fact that my work has been copied by others countless times is a testament to its originality and style—including in this particular case, where it's been exploited by the Violator for a painting that won an award, exhibited, and was offered for sale for €6,500. 3/ pic.twitter.com/8dU5Ph4IYr

— Jingna Zhang (@zemotion) December 7, 2022

However, Dieschburg and his lawyer Gaston Vogel said the piece was inspired by Zhang's work and is a common artistic strategy.

However, Zhang expressed concern that the court's decision means anyone in Luxembourg will be free to use, sell or commercialise his work without respecting his rights, and that the decision could set a dangerous precedent that will not only affect his own work, but could have an impact on all photographers and artists.

This ruling effectively allows anyone in Luxembourg to freely exploit, sell, license, and use my work without permission or respect for my rights, despite recognizing me as the copyright holder of my work.

This simply goes against the very principles of copyright law.

— Jingna Zhang (@zemotion) December 7, 2022

In response to the ruling, Zhang said, 'This verdict is not only unfair to me personally, but also dangerous for the entire art and photography community in Luxembourg and beyond,' and announced his intention to appeal.