Inspiration or plagiarism?

A Singaporean photographer has taken legal action after finding out that her work had been "ripped off" by a Luxembourg artist.

Not only that, the latter's piece — an oil painting — was entered in a competition which won him prize money of €1,500 (S$2,200).

In posts to her social media accounts on June 1, Zhang Jingna described how she was aware that a photo she had shot for the cover shoot of Harper's Bazaar Vietnam in 2017 had been copied by someone else. She indicated that when confronted, the artist denied culpability.

"Some guy really ripped off my photo, won a €1,500 prize, exhibited in a biennale supported by the Luxembourg government, then tried to mansplain copyright infringement to me. Where can I find a Luxembourgish speaker to help? Unbelievable," Zhang wrote, adding, "Am I crazy or is this insane," in her Instagram post.

According to Zhang, the artist, Jeff Dieschburg, had explained to her that he had been inspired by someone else who used her photos first, and that he had created the image "in an artisanal way" with "different colours, flipped the photo, and added earrings and a sword".

But his line of defence only served to infuriate Zhang further: "He goes on to include a list of artists that used famous IPs and paintings in their art as example, mansplaining what copyright infringement and transformative use mean. As if I haven't been dealing with these things these past two decades."

She added: "To see someone praised, awarded, winning prize money, and shamelessly doing interviews while claiming credit despite copying so much of another person's work… the audacity and utter disrespect.

"I don't know how someone begins to think that this is ok and is something they can be proud of. I'm so speechless I can't even begin to process what to do. Just insane," Zhang continued.

According to Zhang, Dieschburg's work was displayed at the 11th Biennale of Contemporary Art in Strasse and put on sale for €6,500.

"Just to be clear, fan art/studies made for personal practice, not for profit, and are credited, aren't the issue. The problem is someone claiming full credit after plagiarising a work and using it in competitions, exhibitions, commissions, or for sale. That's infringement," the 34-year-old wrote in a tweet on June 8.

In response to the allegations, the Contemporary Art Biennale said on June 2 that it had decided to "consult a specialist on the matter". 

Zhang later shared how Dieschburg had similarly used the work of another photographer, Bekka Bjorke, without permission.

In interviews with media, Dieschburg has defended his actions, reiterating that he had merely taken inspiration from Zhang's photo. He had also stated that the act of referencing is a "common artistic strategy".

Dieschburg's lawyer added: "In history, artists are inspired by each other. Those who accuse him are mistaken."

Zhang has similarly sought a lawyer's help, with her attorney in the case stating that the "first step" Dieschburg should have taken would have been to ask for permission.

Zhang has also shared the online vitriol she's received since speaking out on her situation.

In her most recent post on Monday (June 13), Zhang wrote : "Things are still overwhelming and I feel like I've watched my life disappear. But I'm going to try to reclaim that now."

Zhang, who was born in China, moved to Singapore when she was eight before getting into competitive sports. She represented Singapore in air rifle competitions, winning a bronze medal in the 2006 Commonwealth Games.

After picking up photography as a hobby at age 18, her passion and talent saw her winning multiple local and international photography awards, including the Best Young Photographer of the Year at the 2015 Mobius Awards.

By 2018, Zhang, had carved a notable career as a fashion photographer and was named one of Forbes Asia's 30 under 30.

However, Zhang announced in 2021 that she was quitting the fashion scene, citing racism in the Western market.

Zhang's case is not the first tussle over alleged copyright infringement of works by local artists.

In April this year, Singaporean artist and model Duan Mei Yue spoke out about how Russian painter Angelina Poveteva had used her image without consent in her artwork.

Poveteva's nude painting was reportedly sold for $27,000, with Duan telling AsiaOne: "I felt like I was prostituted".

Duan was earlier involved in another copyright dispute with local artist Allison M. Low in 2021, over art pieces bearing her likeness that were displayed at the opening of a Love, Bonito retail store in Funan.

candicecai@asiaone.com

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