Lifting Her Veil (copyright law/infringement/photo/ad)

Li Dongtao

Description: a photo on a traditional Chinese wedding ceremony is a work.

The Facts

Let the time lift

The veil of secrecy

Let this world witness the power of love.¹

This is a case about “veil”.

The plaintiff is a photographer.

The defendant is a newspaper.

In the ancient Chinese wedding ceremony, the bride would wear a red veil made of silk, the color red represents happiness in China. The veil was used to cover the bride’s shyness. And the groom would remove this mysterious red veil in the bridal chamber to see the beauty of his wife.

A time of fascination and thrilling. LDT

The plaintiff chose a model and took a photo “lifting her veil”.

Then the plaintiff used this photo to design an ad for a new house program developed by a construction company.

The ad was published on some newspapers in 2003.

A year later, the plaintiff found this photo was used in another ad published on the defendant’s website.

The plaintiff sued the defendant for copyright infringement.

The defendant argued that the copyright infringement was not established because the photo was about a traditional wedding ceremony and not copyrightable.

Analysis

The copyright infringement is established.

It is true that the traditional Chinese wedding ceremony is common, but it is also true that the bride wearing a wedding veil is different.

So, when the plaintiff chose a specified model and took a specified photo, this photo should be a work. The plaintiff is the author and is entitled to the copyright.

The defendant used this photo in a new ad without the plaintiff’s permission, obvious copyright infringement.

In short, lift the veil, witness the infringement.

Lifting Her Veil II

Li Dongtao

Photo

When a son is grown up he takes a wife, and a girl is old enough she goes to her husband.

This is an old Chinese saying about marriage recorded in 论语 - The Analects 2,000 years ago.

See a similar photo at www.zaobao.com/realtime/china/story20230829-1428397

[1] Veil POEM by Aarzoo Mehek at www.poemhunter.com/poem/veil-9