🎨 A Victory for Artists: Jigna Zhang Wins Copyright Battle Against Jeff Dieschburg


 



Before we start cracking the case,

Who is Jingna Zhang?


Portrait of Jingna Zhang

Jingna Zhang is a Singaporean fine art and fashion photographer. Zhang’s photographic style blends Asian aesthetics with Western art influences, often featuring ethereal, emotive and painterly qualities. Her work has been featured in big fashion publications such as Vogue, Elle and Harper’s Bazaar.


Jingna Zhang's Photograph for Vogue
titled "Winter Snow"
August 1, 2018
Jingna Zhang's Photograph for Elle Vietnam
"Elle Best Looks"
April 21, 2014


Who is Jeff Dieschburg?

Jeff Dieschnurg is a fine art painter from Luxembourg who became known for a controversial plagiarism lawsuit involving his artwork, titled Turandot after the Puccini opera which was inspired by her “artistic choices”. As stated by Jeff Dieschburg, “as a figurative painter it is obvious that I need reference material”

Portrait of Jeff Dieschburg




On the left is a painting created by Jeff Dieschburg, On the right is a photograph by Jingna Zhang





Instagram post by Jeff Dieschburg celebrating his painting


📸 The Initial Legal Battle (2022):

  • Photographer Jigna Zhang accused artist Jeff Dieschburg of using her photograph without permission.

  • Dieschburg had transformed the photo into a painting titled Turandot.
- The painting won €1,500 at the 11th Biennale of Contemporary Art in Luxembourg.

- It was exhibited and sold for €6,500.

  • Zhang took legal action, claiming copyright infringement.
  • But the Luxembourg district court ruled in Dieschburg’s favor, stating:
- The photo wasn’t “original” enough for copyright protection.


Apparently, the two were unable to reach an agreement and Zhang took Dieschburg to court. Here’s more of what she posted in reaction to this week’s ruling:


The fact that my work has been copied by others countless times is a testament to its originality and style—including in this particular case, where it’s been exploited by the violator for a painting that won an award, exhibited, and was offered for sale for €6,500. This ruling effectively allows anyone in Luxembourg to freely exploit, sell, license, and use my work without permission or respect for my rights, despite recognizing me as the copyright holder of my work. This simply goes against the very principles of copyright law.”

⚖️ The Appeal and Final Ruling (May 2024):

  • Zhang appealed the decision, arguing:
- Copyright shouldn’t hinge only on a pose’s uniqueness.

- Her photograph was a creative work deserving of protection.
  • The Luxembourg court overturned the previous ruling and sided with Zhang.
- It confirmed that Dieschburg infringed her copyright.

- He was ordered to stop exhibiting the painting.

- If not, he could face daily fines of up to €100,000.

📸 The Internet reaction regarding to this case




Mixture Reactions Jingna Zhang faced from the platform called X and Reddit

📢 Outrage and Support for Zhang:

  • Many artists, photographers, and creatives rallied behind Zhang.
  • They saw her case as a symbol of the ongoing struggle against art theft and uncredited appropriation.
  • Online communities emphasized that photography is a valid art form, deserving of the same legal protections as painting or sculpture.
  • Hashtags like #JusticeForJigna and #RespectPhotographers circulated, amplifying her voice.
Some users shared side-by-side comparisons of the photo and painting to show how closely they resembled each other.

💔 The Personal Toll:

Zhang described the 2-year battle as one of the most painful periods of her life.
She endured:
  • Online harassment
  • Doxxing
  • Racist and misogynistic abuse
Despite everything, she stood her ground and won.


The Zhang vs. Dieschburg case is a significant copyright dispute where a photographer successfully defended her rights against a painter accused of plagiarism, with the final ruling affirming the necessity of consent regardless of medium and online presence of the original work


by
Hannani Syahirah bt Umar Sharif (1211103295)

Sources:

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