US-based photographer Jingna Zhang sued the Luxembourgish artist, alleging that he had plagiarised one of her photographs.
According to the newspaper Luxemburger Wort, judges at the Luxembourgish court found that the original photograph did not meet the criteria to fall under Luxembourgish or European copyright law.
The photographer's lawyer told Wort that Zhang is 99% certain to appeal the decision. She must also pay legal fees after losing in court.
Reaction by Jingna Zhang
On Wednesday afternoon, Zhang reacted to the ruling on Instagram, stating that she is "devastated by the copyright ruling in Luxembourg today."
She criticised the court's line of argument that the model's pose in her photo is not unique, stating that "if having a unique pose is the premise for copyright protection of an image, then nearly all portrait works in the world will not have copyright protection."
The photographer warns that the decision "sets a dangerous precedent that extends to all photographers and artists whose portraits are now under threat of losing copyright protection."
Zhang also confirmed that she will appeal the decision "as it's now not only an injustice for myself, but a worrying danger for the entire art and photography community both in Luxembourg and beyond."
Related:
- "The audacity and utter disrespect" of Dieschburg: Jingna Zhang's work appropriated and plagiarised in Luxembourg Art Show
- Jingna Zhang on the Sam Steen Show: Interview: The Dieschburg-Zhang case on RTL Today Radio
