On December 8th, Yangzi Evening News/Zi Niu Journalist Chen Liang, a reporter from the "Hubei Academy of Fine Arts, was accused of copying student sculpture works", and recently, the Hongshan District People's Court of Wuhan City has recently made the case.The first trial judgment.Huang Yong, a teacher who copied the student's work, was sentenced to infringement. He needed to stop infringement from the date of effectiveness and destroy the infringing sculpture spring.A compensation of 100,000 yuan is required.
Comparison of works of teachers and students
Earlier, the case had attracted social attention because the infringed student Chen Liang publicly reported his teacher Huang Yong on the social platform, and Huang Yong argued that when he publicly responded to the controversy, he argued that he was Chen Liang's "waiting for the big women's body" sculpture work.The creation provided opinions, and later made a second creation spring for the sculpture work.Facing the almost consistent reality of infringement works and the original works, Huang Yong said in an interview that "a knife is also a new work", which quickly caused criticism of public opinion.
On March 1st, the Hubei Academy of Fine Arts issued the situation that the college was concerned about the relevant issues of Huang Mou, which reflects the school's retired teacher on the Internet.Announced in a timely manner.After a lapse of 9 months, the reporter retracted platforms such as the official public account and Weibo of Hubei Academy of Fine Arts. The school's investigation was not reported. On the contrary, the previous release of the situation could not be retrieved.
Huang Yong's previous circle of friends
The focus of the reporter from the judgment of the case is: 1. Whether the sculpture of "waiting for big women" constitutes a work; 2. Who is the author of the "waiting for the big women's body" sculpture;"Women's body" sculpture constitutes infringement; 4. If the civil liability for infringement is established.
court judgment
The court believes that although the "waiting for the big women's body" sculpture is Chen Liang during the school, the classroom operations completed by the unified teaching resources provided by the school are still the result of their intellectual labor.Protecting art.Secondly, the teacher Huang Yong argued that he provided creative guidance for Chen Liang's sculpture works, but the court believed that Huang Yong did not participate in the creation and only provided assistive work such as consulting opinions and material conditions.Yong is not the instructor of Chen Liang. The existing evidence is not enough to determine his creative guidance that he is sufficient to influence Chen Liang's creative process and does not enjoy the right to signature.
The teacher Huang Yong argued that he had made a second creation of Chen Liang's sculpture.For some substantial changes or coloring on the basis of the work, we can be protected by copyright law.Even though Huang Yong believes that the subtle details of Chen Liang's sculpture work are the embodiment of his highly artistic skills and aesthetic taste, it does not meet the legal sense of the minimum of its originality and cannot reflect the new original expression.Therefore, Huang Yong's spring constitutes plagiarizing Chen Liang's "waiting for the big women's body" sculpture.
Chen Liang, who received the verdict, was relieved in his heart. He wrote in the circle of friends, "A beam of light is ushered in front of the road, and the road is even more practical." Chen Liang toldThe reporter, Huang has not yet contacted him, "according to his nature, he may still appeal."
Yangtze Evening News/Zi Niu Journalist Chen Ran
Sheng Yuanyuan
