[weverka]

Zhang Jingna shoots a Pentax 645z, so I thought I would post this plagiarism story here.
RTL Today - "The audacity and utter disrespect" of Dieschburg: Jingna Zhang's work appropriated and plagiarised in Luxembourg Art Show
https://www.instagram.com/p/CeQGjPru65e/

The guy who took her work has hired a lawyer and claims it was fair use.

[Mooncatt]

In the U.S, the transformative defence may work to protect the painter. For example, Zhang owns copyright over his expression of the work, but he doesn't own a blanket copyright on a woman looking back over her shoulder, with a cloak half off, and rose beside her. In our system, the judge would put it through a four part test to determine if it qualifies as fair use.

The purpose and character of the use.
The nature of the copyrighted work.
The amount and substantiality of the portion taken.
The effect of the use upon the potential market.

Obviously other countries could have different copyright laws.

[biz-engineer]

Are we sure that Zhang Jingna didn't copy the artwork from someone else?

[Serkevan]

Are we sure that Zhang Jingna didn't copy the artwork from someone else?

Were that the case, whoever was affected could complain in turn. But that's irrelevant to this case.

[Paul the Sunman]

If he's a student, he should be in big trouble with his institute. Plagiarism can result in expulsion.

[BarryE]

Quiet legitimate to do copy exactly for training, but he's not been that smart to then submit the work as his own. However ... I've been here as the painter. I've painted something that I liked enough to submit, but then thought hang on it's a copy. So the option then is to approach the original creator of the work. I did this and was given the go ahead to proceed. This potentially helps both parties.

Another option is to rework the original in PS. Just flipping and a change of hue is not enough, but taking a photo and making it your own should be easier enough. Liquify is your friend here. Better to take other photos of the model and create an amalgam - harder, but then it really is the painter's creation.

All round it's a pity that basic curtesy and honesty seems to have been lost here looking at Jingna's Twitter feed. A crappy world we live in ...

[beholder3]

If he's a student, he should be in big trouble with his institute. Plagiarism can result in expulsion.

One commenter there wrote the following on Jeff Dieschburg:

Plagiarism is bad enough and the issue could have been diffused a little bit had he been contrite when caught, but instead he had doubled down and denied it and been extremely rude to the artists.
He is clearly privileged and money is no issue as he has taken on one of the country’s most high-profile lawyers instantly whereas ordinary people would have to wait months to access this particular lawyer or be totally unable to. Hopefully the justice system will show that privilege doesn’t protect you from the consequences of your actions.

And the part about

As a consequence, another US artist, Bekka Björke, realised that Dieschburg had also previously appropriated her work, calling it “not inspiration, study, nor cheeky derivative art [but] personal profit at the expense of your contemporaries” on Twitter.

also does not inspire confidence.

[tryphon4]

This plagiarism remembers me the several trials agains Jeff Koons. I do not consider Koons as an artist but rather as a swindler. Fortunately, this guy lost several trials.
I hope Zhang Jingna will win the trial as well.

[Serkevan]

Quiet legitimate to do copy exactly for training, but he's not been that smart to then submit the work as his own. However ... I've been here as the painter. I've painted something that I liked enough to submit, but then thought hang on it's a copy. So the option then is to approach the original creator of the work. I did this and was given the go ahead to proceed. This potentially helps both parties.

Another option is to rework the original in PS. Just flipping and a change of hue is not enough, but taking a photo and making it your own should be easier enough. Liquify is your friend here. Better to take other photos of the model and create an amalgam - harder, but then it really is the painter's creation.

All round it's a pity that basic curtesy and honesty seems to have been lost here looking at Jingna's Twitter feed. A crappy world we live in ...

Of course. No artist (photographer, painter, what have you) has a monopoly on compositional choices. But monetizing what's basically tracing, and not even citing the inspiration? Absolutely a no-go.


I spent several years in science. No one expects you - you aren't allowed, even! - to make a paper without building on at least a couple dozen prior works. But you always, always give due credit. Your work is your own. But to ignore where it comes from is hubris.

[btnapa]

In the U.S, the transformative defence may work to protect the painter.

I think this is exactly the kind of legalees this guys is gonna use to get away with murder! A good lawyer and lots of money to grind down the real artist is all it takes. For S&G I checked out the article and looked at the disputed work. You have to be blind not to see that it is an exact copy down to the strands of hair.

[MarkJerling]

Zhang Jingna shoots a Pentax 645z, so I thought I would post this plagiarism story here.
RTL Today - "The audacity and utter disrespect" of Dieschburg: Jingna Zhang's work appropriated and plagiarised in Luxembourg Art Show
https://www.instagram.com/p/CeQGjPru65e/

The guy who took her work has hired a lawyer and claims it was fair use.

Much as we may not like the copying he's done, it will likely fly under the "derivative work" allowances.

The head shape is different, the clothing is different, the ear shape and earring, the hair, the neck lines, the round backing on square, the additional elements in the frame, etc.

I can understand that the original artist will be somewhat unhappy, but it's unlikely that the painter is breaking any laws.

Morally, it's a different matter of course.

[btnapa]

This plagiarism remembers me the several trials agains Jeff Koons

I also remembered the one with the eight puppies. See the link to the article here: How Jeff Koons, 8 Puppies, and a Lawsuit Changed Artists? Right to Copy | Artsy
Koons lost that case and a few others.

[weverka]

I think that if I took a photo of someone's art work and sold that as my own, I would get in trouble.

[AfterPentax Mark II]

Zhang Jingna shoots a Pentax 645z, so I thought I would post this plagiarism story here.
RTL Today - "The audacity and utter disrespect" of Dieschburg: Jingna Zhang's work appropriated and plagiarised in Luxembourg Art Show
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The guy who took her work has hired a lawyer and claims it was fair use.

Zhang Jingna could have felt honoured that a picture inspired by a photo she took won a price. The two pictures are quite different, but one cannot deny there is a resemblance, but that is usually the case when one artist is inspired by another. The only way to prevent such things happening is not publishing your work.