An oil painting depicting the image of Chinese Premier Wen Jiabao has aroused accusations of infringement from a photographer, as reported by Chengdu Daily on May 11.

The painting, titled "The Premier in Wenchuan," and completed one year after the Wenchuan earthquake on May 12, 2008, was auctioned for 3.5 million yuan (US$539,000) on May 6. Later, the artist donated the entire sum to the Sichuan Red Cross Association for individuals who were disabled by the earthquake.

"Oil painting and photography belong to different art categories, and a national leader's image is open to all artists," painter Feng Ming said.

Feng admits that he referred to Yao's photo during his painting process and that he should have informed Yao of his work after he completed the drawing.

The news photograph, titled "Goodbye to Beichuan" was shot on May 22, 2008, ten days after the devastating earthquake in Wenchuan, Sichuan Province. The photo was first used by Xinhua News Agency and was further adopted by many print media in China.

"Such resemblances are not rare in the world of painting, but respect should be shown to the the original photographer," Yao Dawei, the journalist from Xinhua News Agency said.

"I hope this matter can be well resolved and can arouse the public's attention to respect an author's intellectual property," he added.

Liu Zhengxing, the president of the Chengdu Artist Association, told reporters that "an artist's recreation based on photography is acceptable."

Wu Bo, a lawyer in the Sifangda law firm, asserted that Feng had infringed Yao's right of "paternity after reproduction."