The National Museum of the Chinese Revolution and the Shanghai Guangyuan Company must pay 260,000 yuan (US$31,000) to the copyright holders of a famous Chinese oil painting, according to a recent verdict from the Beijing Higher People's Court.
The Shanghai-based art and handicraft company issued and sold in 1999 about 15,000 sets of goldleaf prints of the painting, "The Founding Ceremony of New China", with permission from the museum which holds the original artwork. The oil painting has become a classic in China for portraying vividly the founders of new China, including the late Chinese president Mao Zedong, against the background of the grand founding ceremony of new China held on Oct.1, 1949.
Dong Yisha, daughter of the late Dong Xiwen who painted the work, took both the company and museum to court because they did not get permission first from the copyright holders of the painting. In June, the No.2 Beijing Intermediate People's Court ruled compensation of 260,000 yuan should be paid to Dong Yisha.
Not satisfied with the judgment, the museum and the company appealed to the higher court, which dismissed their appeal last week.
"I feel pleased with the result," said Dong Yisha. The verdict had ended nearly three years of a nerve-wracking lawsuit and she was happy not just about the money.
"The result justifies respect for the creative work of an artist in a civilized society," said Dong, who is also a painter in her 40s.
Judge Wang Fanwu from the intermediate court said the original verdict was a comprehensive consideration based on the facts and in line with the law. Showing a photocopy of an agreement between the museum and the Guangyuan company, which states that the museum offers the authorization and can take 20 percent of sales profits, the judge said: "Clearly, the museum's authorization, which is illegal, is for commercial purposes and makes the duplication of the painting possible."
The verdict spells out that the copyright to a work belongs to its creator, and when the artist or author dies, the right to the property within the copyright is inherited by his or her beneficiaries.
In this case, "Dong Xiwen was the creator of the oil painting 'The Founding Ceremony of New China,' and was entitled to its copyright under the law," said the judge. As his legitimate heiresses, his widow and children were entitled to inherit the right to use the painting and acquire the profits incurred from its exploitation.
The verdict also ruled that as the collector of the original oil painting, the museum was entitled only to exhibit the work according to the law, with the other rights in the copyright still belonging to the copyright holder.
Without the copyright holder's permission, the museum was not entitled to authorize another party to use a work in its collection in the capacity of the copyright holder, said the verdict. Zheng Chengsi, a noted expert on intellectual property law and a member of the Law Committee of the National People's Congress (NPC), China's top legislature, said the ruling was fair.
"According to China's Copyright Law, enacted in 1991, the copyright legally applies during the artist's entire life and within 50 years after his death," he said.
In this case, Dong Xiwen died approximately 30 years ago and the painting was still under copyright law protection, Zheng said. The museum, which is entitled only to exhibit the painting, must seek permission from the legitimate copyright holder if it wants to authorize someone else to copy the original painting for profit.
China's artist community welcomed the court's ruling. "It respects the artist's labor and copyright and is popular with us artists," said Hou Yimin, a professor with the Central Academy of Fine Art and a renowned artist who used to work with Dong Xiwen.
He believes the case will help raise people's awareness of copyright protection.
"We didn't care so much about who used it and for what purpose. Now we should change our ideas," said the artist.
Yao Zhonghua, a famous painter from the Yunnan Academy of Painting, also regards the case as "significant in educating people to respect knowledge, talent and artists' work."
Dong Yongsen, a lawyer with six years experience of copyright cases, praised Dong Yisha as a brave person to stand up for her own lawful rights and said the case would inspire more people to resolve such problems through the courts.
The lawyer considers the legislature and law specialists should "improve this situation and help set up a legal and judicial mechanism encouraging individuals to boldly defend their rights."
He calls it "an urgent task" in view of China's accession to the World Trade Organization, "of which intellectual property right protection is a vitally important ingredient."
(Xinhua News Agency December 30, 2002)
