The two-year legal dispute between Luxembourg artist Jeff Dieschburg and US photographer Jingna Zhang recently concluded after a second-instance court found Dieschburg guilty of plagiarism.
Speaking to our colleagues from RTL Radio, Zhang expressed her profound relief at the verdict:
"When I heard the news, it was 6am in the morning in San Francisco. I just cried into my pillow for ten minutes when I heard that. Just really, really glad that it was over."
The controversy began in 2022 when Zhang discovered through emails that Dieschburg had copied one of her photographs almost exactly, without seeking her permission. Initially, Zhang anticipated an apology and a straightforward resolution. However, when she learned that Dieschburg had already hired a lawyer, she quickly realised she too needed legal counsel.
-> Jingna Zhang on the Sam Steen Show: Interview: The Dieschburg-Zhang case on Today Radio
This marked the start of two horrific years for Zhang, during which she endured harassment, threats, and the public exposure of her private address. She also faced disparaging comments, such as "As a Chinese woman, she deserves what has happened to her" and "Yet another case of a woman trying to steal money from a man."
"It's hilarious, right, because he's the person who stole from me and he is the one who won money and tried to make money off my work. But I am being blamed as the woman who is just trying to protect her work," Zhang remarked.
Dieschburg's lawyer had argued that Zhang's work was "trivial" and involved merely pressing a button. Zhang, therefore, felt immense relief that the court's decision underscores that copyright does not just apply to certain types of art:
"Anybody's work is copyrighted and should be protected. So, someone can think that my work really sucks, but my consent is still needed, and that applies to any other photographers and artists. I sincerely hope that more people will learn to treat artists and photographers fairly and respect their work and the need for consent, if people want to use their work."
Zhang emphasised that just because someone shares their work online does not mean that they are relinquishing their copyright. She hopes her case will inspire other artists to defend their rights and raise awareness that artworks, music, and texts require the creator's consent for use.
