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Artist sues over jug-shaped building
By Song Mengxing (chinadaily.com.cn)
Updated: 2015-01-14

Wuxi Intermediate People's Court began hearing a case on Jan 5 filed by an artist from Jiangsu province who contends a jug-shaped building infringes on her copyright of a dark red enameled jug.

Wang Yinxian created the jug in 1990 and registered the copyright at the Jiangsu Copyright Bureau in 2007, her attorney Xu Yiyi told China Daily.

But when the 72-year-old came across a picture of the exhibition center for Wuxi Wanda Cultural Tourism City last March, she found the exterior "very similar" to her copyrighted creation. She later went to the center to see for herself.

A month later, she sued Wuxi Wanda City Investment Co, owner of the building, for infringement.

But the company told the court it has not infringed on Wang's copyright and the design of a building is much more complex than a jug, the Wuxi Daily newspaper reported.

The building completed in early 2014 made a record of sorts when it was named the nation's biggest building "with a dark red enameled jug shape" by the Shanghai-based China Records Headquarters in March.

"An electronic screen inside the building said it was designed on the basis of dark red enameled jugs, but the company did not clarify the jug models," Xu said.

The company in Wuxi told the court the exhibition center was designed by a professional team made up of four architectural design firms and it was impossible that they merely copied a handicraft, local media reported.

The company's attorney cited six exterior differences including distinctions on the jug's mouth and cap. Xu rebutted by saying the building is infringing if it is "substantially similar to" Wang's jug.

Judges involved in the lawsuit said if the plaintiff proves the building is substantially similar to Wang's design and the developer had the chance to come into contact with her work, then the company has infringed on her copyright.

Yang Anjin, an independent lawyer from Beijing Wis and Weals Law Firm, said the court should protect copyrights on practical handicrafts but there is no need for over-protection.

Artist Wang is demanding an apology in the People's Court Daily, admission of the infringement on her copyright and 2 million yuan ($322,000) in compensation.

In the 38.8-meter-tall exhibition center is the sales office for Wuxi Wanda Cultural Tourism City built by real estate giant Wanda Group. The area is planned to have outdoor theme parks, hotels and bar streets, Shanghai Morning Post reported.

Xu told China Daily that the case will "possibly push legislation for cross-field copyright protection".

In 2011, a court in Beijing ruled that two fireworks companies must stop making and selling a kind of fireworks very similar to the exterior of China's National Stadium, commonly known as the Bird's Nest, and pay National Stadium Co 100,000 yuan in compensation.

songmengxing@chinadaily.com.cn

Artist sues over jug-shaped building

The exhibition center at Wuxi Wanda Cultural Tourism City is a replica of her copyrighted design, artist Wang Yinxian contends in her lawsuit. provided to china daily

Artist sues over jug-shaped building

 



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