A case centering on a painting of a nude is currently being heard at Shanghai Xuhui District Court, the Wenhui Daily reported.
The plaintiff, a model named Miao, has not appeared in court. According to the medical appraisal, this is because she has been suffering from depression and is not of clear mind.
Two paintings in a picture album published by Liaoning Art Publishing House led to the break-up of Miao's relationship with her boyfriend and consequent mental problems, her legal representative said.
The first defendant is 57-year-old art professor Xu Mangyao, who is the president of the art faculty at Shanghai Normal University. The second defendant, the publishing house, is accused of tort.
Miao contracted with Zhejiang Art College (now known as China Academy of Art) as a model in 1995 and 1996. According to the contract, she was to cooperate with teachers to finish educational projects, and would be paid.
At that time, Professor Xu was working in the college, where he created several paintings of Miao as educational works. Miao's legal representative said in court that Xu told Miao these paintings wouldn't be published, but would remain in his private collection.
Last May, Miao was discussing marriage with her boyfriend. He saw the album in a bookstore in Hangzhou by accident. He saw the nude paintings of Miao, which looked very lifelike. The two paintings were Xu's works. The angry young man broke with her.
Miao also had to endure other people's gossip, and this has made her nervous about going out. She tried on one occasion to commit suicide by cutting her wrists.
The plaintiff pointed out that Xu's action violated the contract. Also, the publishing house had erred because it didn't examine the paintings carefully. The aim of the two defendants was to profit from her, a serious tort of her right of portrait, she said.
Miao demanded compensation of 100,000 yuan ($12,100) and an apology. The publishing house has been asked to take back all the albums.
Xu's lawyer told the court that people have the right to publish their own work. And there was no information about the name or address of the model, so Xu couldn't be accused of tort.
The lawyer said the publishing house only paid 100 yuan ($12.1) for the two paintings to the artist. And the publishing house also sustained a loss of 63 yuan ($7.6) to produce and sell the album, so the profit was not material.
The court's judgment is expected within a few days.
(Shanghai Star May 23, 2002)
