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Liu Xiang v. LifeStyle

Beijing No. 1. Intermediate People’s Court (2005)

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Liu Xiang v. LifeStyle

Beijing Intermediate People’s Court
Beijing No. 1. Intermediate People’s Court (2005)

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Facts

Following Liu Xiang’s (plaintiff) achievement of winning the gold medal in the 110-meter hurdles at the 28th Olympic Games in Athens, an altered photograph of Liu clearing a hurdle during said Olympic Games appeared on the front cover of the newspaper Lifestyle (defendant) without his consent. The alterations included the background, the clothes Liu wore, and the manner in which he cleared the hurdle. Printed below the photograph on the same page was an advertisement for a shopping festival. Liu brought suit against Lifestyle in China, alleging that Lifestyle’s use of his photograph as an advertisement without his consent violated his right of portrait. The lower court dismissed the suit, holding that Lifestyle’s use of the photograph was fair, as it had been used for news and not advertising purposes and, further, that there was no relationship between the photograph and the advertisement. Liu appealed.

Rule of Law

Issue

Holding and Reasoning ()

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