Photographer lawsuit to painting author court say a lack of evidence

Photographer lawsuit to painting author court say a lack of evidence
Morning, reporters learned from chaoyang court, the painter YanYaYa oil painting "grandma" was referring to deduce the head of the department of China academy of art photography Xue Huake photography, has made the first-instance judgment by the chaoyang court. The court said, the existing evidence is insufficient to YanYaYa when creating "grandma" using the Xue Huake photography, thus ruling rejected Xue Huake prosecution of the painting. Also involves YanYaYa 7 works, the court has not yet been ruled.
Xue Huake in 2005, according to the indictment, YanYaYa for art appreciation toward him, he will be some work pieces or 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.
The reporter understands,hand painted family portrait painting at present the court decision only on one of the works, namely YanYaYa "grandma", Xue Huake refers to the interpretation of his photographic works of the unknown (characteristics for the old man of wearing rings) "(hereinafter referred to as the" old man "), the economic loss of 15000 yuan for this claim.
Court 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.
YanYaYa paintings "grandma" were published in the December 2006 issue of the journal of Chinese oil painting, and published in May 2007 oil painting collection book her on her story. In order to prove that the oil painting department of his creation, YanYaYa have also submitted a sketch, and the testimony of the old man's family in the attached picture, the image in painting is YanYaYa painted in 2005, YanYaYa also signed the right to use the contract with the old man's family.
Court, the judge will compare the "old man" and "grandma", both work in the old man wearing a ring face close-up images for the main content, both in the character's facial features, posture, eye contact and the characteristics of the scarf and so on are similar, but the former is black and white photos, the latter for color painting, and screen resolution and the location of the ring on her finger.
Court that Xue Huake existing evidence cannot prove YanYaYa involved in creation paintings have the opportunity to come into contact with the photography. And YanYaYa Xue Huake and I at the same time in pamirs for creation.custom wedding portrait painting from photos Therefore, the existing evidence is insufficient to prove YanYaYa creative painting involved when using the Xue Huake photography. For these reasons, the court rejected the plaintiff Xue Kehua litigation request. After sentencing, Xue Huake submitted a petition to the court for appeal the decision.
The judge interpretation to
Morning, the reporter interviewed the case, the presiding judge. The judge said that two works are the same person for a particular object of realistic works, through the comparison of the two existing in common mainly belong to intrinsic to the character image, posture and expression, neither YanYaYa fantasy, nor Xue Huake created in the process of shooting, but the objective existence. As different types of works, "old man" oil painting "grandma" and photography technique, the dielectric materials used are not the same, the two works such as size, color and local details also exist differences in expression.
In addition, both sides recognised when he held court in the same period to pamirs sketch, but no Xue Huake "old man" this photograph published evidence, there is no evidence to prove that he pass the photos to YanYaYa, also cannot prove YanYaYa contact with this photo, so I can't maintain YanYaYa constitute infringement
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