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2020-08-05 | 公共電視

Art Platform Accused of Stealing Copyrights|受害者控 遭全華網騙簽終身創作版權無償讓渡

Over 30 artists accused an online art platform of tricking them into signing a contract that relinquishes their copyright to it for the entire lifetime.

This is the work created by National Kaohsiung University fine arts master's degree student Chen Yen-po as his graduation work in 2016. After this work was featured in a graduation exhibition, he was contacted by Artlib, a Taiwanese platform for ethnic Chinese art. Chen signed an agreement with the platform to allow his work to be featured in catalogues. Later, he found out that he had signed away the lifetime copyrights of his works for free to Artlib.

Artlib arranged to meet us at a very noisy location, a McDonald's next to the train station. They told us they wanted to issue a catalogue for us, and it was a Ministry of Culture initiative. They didn't explain the details clearly. They also said it was very noisy at the location and there were many people waiting, so they asked me to make a decision on the spot.

Numerous creators have recounted how Artlib contacted them after their works appeared in graduation exhibitions. The victims included not only young artists, but also veteran artists. In August 2019, Artlib executive Lin Chu-nan was charged with fraud. A fourth hearing was held on Aug. 5 and 30 plaintiffs testified.

There were exclusive authorization contracts mixed in with the Ministry of Culture catalogue. Artlib's salespeople didn't explain these contracts to our artists, about what was actually being authorized. They only told everyone that these things were all things required by the Ministry of Culture or told our cutting-edge artists that their teachers and classmates had all signed them already so there would be no problems if they signed them too.

Almost all of the plaintiffs who were subpoenaed showed up, so the hearing had to be moved to a court with a larger capacity. A labor union that helped in filing the lawsuit said the case has dragged on for three years but Artlib refuses to admit its guilt. It hopes the court can issue a ruling before year end.

以石膏和保麗龍作為媒材,這幅刊登在畫冊的作品,是高師大美術系碩士陳彥伯,2016年的畢業製作,當初因為參與美術學生的畢業聯展,被「全球華人藝術網」找上門,陳彥伯簽署同意,讓作品刊登在畫冊上,但事後發現,同意書就如同「賣身契」,連終身的創作版權,也都要無償讓渡給全華網。

提告當事人 陳彥伯表示:「他(全華網業務)就約了我們,一個很吵鬧的地點,就是火車站附近的麥當勞。跟我們說,他們有意願,幫我們出一本畫冊, 就是一個文化部的提案。其實,上面的細節內容,他也沒有講很清楚,當下他也是說,這裡很吵雜,旁邊有非常多人在等待,要我盡快做決定。」

提告的創作者不只陳彥伯一人,多名提告當事人都指控,他們當初也都是因為畢業聯展,被全華網主動找上門,而且全案指控詐騙的,不只年輕人,包含老中青三代藝術家,都和全華網有糾紛,去年8月,公司負責人林株楠被詐欺罪名起訴,5號上午法院第四次開庭審理,達30多位提告的年輕創作者,都被通知出庭作證。

台北市藝術創作者職業工會秘書長 謝毅弘表示:「(全華網)在出文化部畫冊的時候,裡面夾帶了專屬授權的合約。他們的業務員,還沒有跟我們的藝術家,解釋這張合約,到底授權了什麼東西,只告訴大家,這些東西,都是文化部要的。或是告訴我們新銳藝術家說,這些東西你,們的老師、你們的學長、學姊都簽了,你們簽下去沒有問題。」

收到傳票的提告人,幾乎親自出庭,原定在北院第20法庭還因為爆滿、座位不夠,改換到比較大的17法庭審理。協助打官司的工會指出,此案懸宕三年了,但全華網並不認罪,期盼法院能在今年年底前,作出判決。

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