Painting the same photo,art based photography court not tort

Painting the same photo,art based photography court not tort
YanYaYa painter famous for painting pamir tajiks and photographer Xue Huake charges yan paintings deduced his photographs, custom oil painting by hand painted will be taken to court. Reporters learned yesterday, the chaoyang court known to produce court made the first-instance judgment, denied Xue Huake claims.
Xue Huake department of China academy of fine arts of the photography department, according to xue, 2005, YanYaYa for art appreciation toward him, he will be some of the work piece and book donation YanYaYa made. Since then, he discovered YanYaYa his 8 photograph and deduce for oil painting exhibition, auction, 4 of them work on more than 20 to 30 ten thousand yuan price auction.
Xue Huake said YanYaYa behavior violated its for works shall enjoy the rights, appealed to the court. The sentence is sued xue yan works "grandma" suspected imitate photography "old man", Xue Huake claims for the creation of the economic loss of 15000 yuan.
Courts found that in 2005, Xue Huake and YanYaYa respectively to the pamirs, local residents as the object, and meet in the local. Xue Huake said the old man is taken at the time, and submit the works of film negatives, but not published case provides evidence of the work.
Court that Xue Huake evidence is insufficient to prove YanYaYa creative painting involved when using the photography.custom wedding portrait painting from photos In terms of the case, Xue Huake photography "old man" and ms yan's oil painting "grandmother" is the same person for a particular creation object realistic works. By comparing, both exist in common mainly belong to intrinsic to the character image, posture and expression, neither YanYaYa fantasy, nor Xue Huake create produced in the process of filming. For these reasons, the court rejected the plaintiff Xue Huake litigation request.
To the court verdict after Xue Huake will appeal the decision, submit the appeal petition
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