Eight infringers receive jail sentences for reproducing Ju Ming’s bronze sculptures
E171010Y3 | Nov. 2017（E216）
With the appearance of counterfeit bronze sculptures of the Taichi series works created by the well-known Taiwanese sculptor, Ju Ming, investigation was initiated and revealed that the infringers are the coordinate suppliers and constructors who have worked with Ju Ming for a long period of time. The prosecutor indicted these infringes for their violation of Taiwan Copyright Act and the Taiwan Shilin District Court also rendered a judgment on this case.
According to the facts findings indicated in the Shilin District Court judgment, YE Rong-Jia (“Ye”) had been collecting and holding Ju Ming’s famous works titled “Single Whip” and “Preparation” and others. Subsequently, out of his financial difficulty, Ye made a plan to sell these works by auction. However, for owning Ju Ming’s genuine works, Ye worked with SHI Jing-Wen (responsible person of artistic works company; “Shi”) and TONG Wen-Yi (“Tong”) and GAO Jian-Zhong (“Gao”) to illegally reproduce these works and forged guaranty letter, before the auction.
The judge sustained the eight defendants’ offenses of violating the Taiwan Copyright Act by reproducing and distributing counterfeit products and also the offense of forging private documents, thus sentencing Shi, Ye, Tong, and Gao to imprisonment for 3 years, 2 years, 22 months, and 18 months, respectively. Ye and Gao were granted a deferred prosecution for 5 years and 4 years, respectively. The other defendants also received jail sentence from 6 months to 18 months.
Additionally, Ju Ming also initiated an incidental civil action against these defendants. In this civil case, after assessing the prices of the counterfeit works transactions and also deducting the value of the 11 genuine pieces returned and the TWD10 million check paid by Ye during the trial proceeding, the judge determined that Ye, Shi, Tong should pay to Ju Ming TWD1.209 hundred million in damages for infringing upon Ju Ming’s copyright and should also run a notice in local newspapers. (October 2017)