Controversial Xu Beihong's paintings and the copyright dispute of Digital Collections

In the near future , Whale detection in China 、 Psychedelic nucleus 、 Virtual secret number collection 、 Digital cat 、 Awning territory · People's Art Museum and other digital collection platforms , Have released the digital collection of paintings by Mr. Xu Beihong, a great master in the art world , While setting off an upsurge , It has also attracted a lot of controversy .

  especially “ Xu Beihong Art Museum ” The published copyright notice States , Some digital collection platforms release digital collections in the name of Xu Beihong , At the expense of consumers , And the reputation of Mr. Xu Beihong . This statement was momentary , Let the insiders stir up a lot .

Several digital collection platforms as parties , We can learn from some of their statements , Among them, whale detective 、 Digital cat got “ Xu Beihong Art Museum ” to grant authorization . Other platforms , The phantom core indicates that their authorization comes from “ Beijing Huangcheng art trade center ”; The authorized party of mangjing comes from “ The times are sad ”; Xu Xiaoyang, the eldest grandson of Xu Beihong, is the source of Xu xiaozang .

The licensors of these platforms are different , that , Who is the party with authority ？ here , Someone said , Mr. Xu Beihong has passed away for more than 50 year , from 《 Copyright law 》 According to the regulations of , His works have entered the public domain , Anyone can use it for free . Nowadays, the digital collection platform wants to make relevant digital collections , You only need to obtain authorization from the relevant parties who currently collect Mr. Xu Beihong's works .

From this point of view , The digital collections of Xu Beihong's paintings published on various platforms do not have any infringement , Are authorized by the current holder , It is not a tort .

 

however , About the copyright of works , It cannot be concluded by entering the public domain . stay 《 Copyright law 》 in , There are detailed provisions on the copyright of works , among , The right of publication of works and the property right of works have been affected after death 50 Years of protection , But the right of authorship 、 Right to amend 、 Protecting the integrity of works and other personal rights of works are permanent protection . Whether the work is infringing , It is not simply based on whether to enter the public domain , The dissemination of works also needs to take into account the protection of the personal rights of copyright from infringement .

The copyright dispute over the digital collection of Mr. Xu Beihong's works , It also reflects the importance people attach to the copyright of works . Digital collection is a new industry , At present, there is a big gap in both industry standards and market supervision . In this period , The platform side should strengthen the review of works , Strengthen the protection of copyright of works , And the examination of infringement . Especially some well-known works , Although it can bring more traffic to the platform by virtue of its popularity , But we also need to pay more attention to the copyright issues involved in the works .

  Of course , A more perfect supervision and review system is also very necessary , At present , Whether it is an organization with an official government background , Or private enterprises , Many are entering the field of digital collections , Make the digital collection market tend to be standardized 、 Orderliness , It is the premise to ensure the healthy development of the market .