Study On Infringement Case Of Xue Huake Charged Yanyaya On Oil Paintings

Recently in Beijing Chaoyang District City Intermediate People’s courtsentenced "Xue Huake v. yanyaya painting infringement case’’，is a typicalrepresentative among them. The main contents of this case is a photographic artistHuake sued oil painting artist YanYaya, because she copied Xue’s own photographicworks,and he thinked that was a serious violation of his copyright. And the defendantYan Yaya thinked her paintings were done independently, without violating any of therights of the plaintiff.In this case, the focus of controversy both sides mainly focused on three aspects,first, how to define the behavior that making the photographic works intopaintings；second，how to define photography and painting works of originalitystandard; third, What is the standard of copyright infringement. Firstly, the behaviorof switching photographic works for the painting, does not conform to’’copy’’ in theconcept of the’’mechanical’’，also do not accord with the’’ facsimile’’ in the conceptof the principle that "close to the original’’，so it should be characterized as adaptation.Secondly，originality is mainly refers to the completion of a work is to choose，by theauthor herself, choice，arrangement design of integrated results, it embodies theresults of the author of creative work. There are works of similar situations in the artworld，under certain conditions, similar contents in photography and oil paintingworks if you can show your own ingenuity, we should think the authors ofphotography or paintings have their own independent copyrights. Finally, identified inthe oil painting work tort, we should always adhere to the "contact&substantialsimilarity" judgement. Namely in the process of proof, we should use facts to provethe defendant to the plaintiffs works have the actual contact or the possibility ofcontact, at the same time, but also to the’’general public" as the standard, the originalpart of the original defendant’s work is "substantially similar" to judge, then,according to the two judgment results of comprehensive measure. In view of theabove situation, in order to perfect the legal system of intellectual property, reduce thedispute over copyright infringement, the legislation departments should be based onreality, using the theory of law, perfect the legislation and make the best use of theorganic combination of the case, introduced the relevant legal interpretation orprovisions as soon as possible, and quickly to establish perfect photography works copyright collective management mechanism and copyright registration system, theprotection of rights and interests in a practical sense the maneuverability, true to theprotection of personal rights and property rights of action, continue to promote thehealthy development of the cultural industry. As an art creator, should strictly abideby the existing laws and regulations, regulate their own behavior by a pure personalityand noble occupation morality, to promote healthy competition of culture industry,finally achieved a qualitative leap.