## Facts

- Dong Xiwen created the oil painting “The Founding Ceremony of New China,” depicting the 1949 proclamation of the People’s Republic of China.
- The Chinese Revolutionary Museum (the museum) possessed and displayed the original painting.
- After Dong Xiwen’s death, his heirs—Zhang Linying, Dong Shabei, Dong Shalei, and Dong Yisha (the heirs)—claimed ownership of the painting’s copyright as successors in interest.
- In association with the museum, Guangyuan Artworks Company, Ltd. (Guangyuan) produced a series of commemorative reproductions of the painting.
- Beijing Gongmei Corp. Group (Gongmei) sold the reproductions commercially.
- The heirs did not authorize Guangyuan, the museum, or Gongmei to reproduce, distribute, or sell the painting in reproduced form.
- The heirs filed a copyright-infringement action in the Beijing Intermediate People’s Court against the museum, Guangyuan, and Gongmei.
- The Beijing Intermediate People’s Court found that the heirs held a valid copyright in the painting, ordered the defendants to stop the infringing reproductions and sales, and ordered Guangyuan and the museum to pay damages and publish a public apology.
- Guangyuan and the museum appealed to the Beijing Higher People’s Court.

## Issues

1. Whether the museum’s custody of the original painting affected the heirs’ ownership of copyright in the painting.
2. Whether making and commercially selling commemorative reproductions without the heirs’ authorization constituted copyright infringement.
3. Whether injunctive relief, damages, and a public apology were proper civil remedies for the infringement.

## Decision

- The Beijing Higher People’s Court upheld the outcome in favor of the heirs and rejected the appellants’ challenge to the core findings.
- The court confirmed that copyright in the painting belonged to Dong Xiwen (and, after his death, his heirs), not to the museum merely because it possessed the physical work.
- The court held that the unlicensed production and commercial sale of reproductions infringed the heirs’ exclusive rights.
- The court maintained relief requiring an end to the infringing reproductions and sales.
- The court sustained monetary liability and the order requiring Guangyuan and the museum to issue a public apology.

## Legal Principles

- Ownership or custody of a physical artwork is separate from ownership of copyright in the work.
- Absent an express transfer, copyright in an artwork remains with the author and, after death, passes to heirs under succession rules.
- Producing reproductions and distributing or selling them commercially without authorization infringes the copyright holder’s exclusive rights unless a statutory exception applies.
- Entities involved in manufacturing, authorizing, distributing, or selling infringing copies may be subject to cessation orders and monetary relief; in appropriate cases, courts may also order corrective measures such as a public apology.

## Conclusion

The Beijing Higher People’s Court treated the museum’s possession of “The Founding Ceremony of New China” as distinct from copyright ownership and held that museum-associated reproduction and commercial sales without permission infringed Dong Xiwen’s heirs’ rights, supporting an order to stop the conduct along with damages and a public apology.


Zhang Linying and Other Three Persons v. Guangyuan Co., Ltd., Chinese Revolutionary Museum and Gongmei Corp. Group, Beijing Higher People’s Court (2002)