With Disdain: A Copyright Dispute on Account of An Art Exhibition

With Disdain: A Copyright Dispute on Account of An Art Exhibition

Li Dongtao

Keywords: copyright law, fine art, exhibition, painting, disdain

The Facts

I look at my younger self

With disdain¹

This is a case about “disdain”.

The plaintiff is a famous artist.

The defendant is a painting collector.

In 1959, the defendant bought a painting created by the plaintiff.

In October 1997, the defendant held an exhibition for his collection, including this painting.

Learning of the exhibition, the plaintiff asked the defendant to withdraw his painting for it had been created in his youth and would not accurately represent his artistic accomplishments.

The defendant refused to do so because the exhibition was of his was collection.

The plaintiff sued the defendant for copyright infringement.

The defendant argued that the copyright infringement was not established because he was the legal owner of the painting.

Analysis

The copyright infringement is not established.

A piece of fine art is created for other’s appraisal; the purpose of a collection is for exhibition in special places.

If the artist’s rights over a painting continued without limitation after sale, it would be very difficult for the collector to exhibit the painting, and it would be meaningless to buy it.

Thus, the copyright of a piece of fine art is not transferred along with the transfer of the original work; however, the right of exhibition does belong to the collector.

In this case, after the plaintiff sold his painting, the right to exhibit it was entitled to the buyer, the defendant, so the plaintiff’s claim couldn’t be established.

Another factor warrants attention: the painting, not the plaintiff’s artistic level, was bought by the defendant.

In short, with disdain, but without infringement.

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