Jingna Zhang Wins Plagiarism Trial: Looking Back on a Substantial Win Exposing Industry Racism and Sexism

After being locked in a two-year-long court battle against a plagiarizer, US-based Singaporean photographer Jingna Zhang finally won her case in 2024. During the very public trial, Zhang had also exposed how quickly racist and sexist narratives can take root against women of colour (WOC) in creative industries, making this a win for WOC creatives everywhere. This is why Jingna Zhang’s fight for the copyright of her work is aligned with the United Nations Sustainable Development Goals of Gender Equality, Decent Work and Economic Growth, Reduced Inequalities and Peace, Justice, and Strong Institutions.

In 2022, Zhang was shocked to find out that a painting by Jeff Dieschburg, which looked identical to her work for the November 2017 issue of Harper’s Bazaar Vietnam, had won an EUR 1,500 prize at the Strassen, Luxembourg Biennial of Contemporary Art. The painting was even presented to Luxembourg’s Princess Stéphanie and was promptly put on sale for EUR 6,500.

Zhang decided to express her disappointment with Dieschburg and the institutions involved on social media for allowing a blatantly plagiarized work to be displayed and featured so prominently. This was met by a long email from Dieschburg, who lectured her on the copyright and fair use of her work. He believed that he had done no wrong, simply using a photograph he had found on the internet as a “reference” as so many had done before.

Jingna Zhang for Harper’s Bazaar Vietnam, November 2017. Image courtesy of @zemotion/Instagram.

Referencing is very different from copying. This is something that even the most amateurish of observers could understand when they view the two works in question side-by-side. Unsatisfied with Dieschburg’s response and by the Strassen, Luxembourg Biennial’s lack of response, Zhang decided to press charges on the account of plagiarism. However, back then, the Luxembourg court had ruled against her, stating that even Zhang’s original work had lacked originality because of the conventional pose that her model was displaying.

Turandot by Jeff Dieschburg (left) and Jingna Zhang for Harper’s Bazaar Vietnam, November 2017 (right). Image courtesy of @zemotion/X.com.

Dieschburg’s constant derogatory media statements against Zhang meant that she was soon met with a barrage of racist and sexist comments from the public. “A Chinese [is] complaining about copyright infringement… Now say it slowly,” read one comment from user bluedogmilano on Reddit. “What’s with women and trying to take money from men? Just be a sugar baby then,” read another comment. Worst of all, someone leaked the court’s decision document online, which included Zhang’s personal information. All this happened despite multiple other artists coming previously come forward with plagiarism allegations against Dieschburg.

Nostalgia by Jeff Dieschburg (left) and Baroque Visions by Bekka Björke. Image courtesy of Some Bad Artist’s Medium.

Zhang decided to take this as a sign not to give up. She submitted an appeal and continued the legal battle, eventually prevailing in May 2024. “I know that as individuals, it may not seem like there's much we can do. But even if we are alone, the act of many individuals fighting for what's right, over time, may one day be collectively enough to make a difference in this world,” shared Zhang on her personal blog after winning.

Zhang has paved the way for other creatives to fight injustice when it comes to copyright infringements, especially those that share her background as a photographer and as a WOC.

Jingna Zhang for Harper’s Bazaar Vietnam, November 2017 Cover. Image courtesy of @zemotion/Instagram.

Find out more about Jingna Zhang’s plagiarism trial and their other initiatives by checking their Instagram on @zemotion.