Counterfeit Art: A Social Problem

In reality, the copying of paintings by Vietnamese authors or the creation of counterfeit paintings for sale in art shops is quite common, and determining what is an authentic painting, what is a counterfeit, or where its origin lies is not an easy task. In the field of art, an appraiser must possess a high level of expertise and must have access to modern equipment for verification.

Additionally, there have been cases of copying foreign paintings but signing them as Vietnamese authors. For instance, there was a case involving a student at the Hanoi University of Fine Arts who replicated a painting created by a Soviet Union artist many years ago, slightly modified it to give it a Vietnamese touch, and submitted it to the National Fine Arts Exhibition, where it was awarded a Bronze medal by the judging panel. When the truth was discovered and condemned by the media, the author had to return the medal.

In another instance, a young artist copied a painting by an Argentine artist, signed it with his own name, and submitted it for publication in the collection of works by the Hanoi Fine Arts Association. Upon discovery, the Hanoi Fine Arts Association disciplined the author.

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The reality shows that the copying of paintings is quite prevalent, yet Vietnamese law still has limitations regarding this issue. Unlike abroad, where their laws allow for the copying of paintings if the original artist has been deceased for 50 years, such copies must be clearly marked and must differ in size from the original.

Many questions arise: Should an art work be registered for intellectual property protection, or how should the copying and counterfeiting of art works be handled?

According to the provisions of the Intellectual Property Law, photographs, as graphic works, are protected by copyright, and any act of copying constitutes an infringement of copyright.

However, the law has yet to specify how to penalize these infringing acts.

It is not just the aforementioned paintings considered counterfeit; there are also cases of counterfeit ceramics and antiques.

The copying of photographs in particular, and art works in general, is gradually becoming a societal problem, tarnishing the image of Vietnam’s art pathway. Therefore, these acts must be condemned, and stringent regulations must be established to penalize such violations to eradicate this problem from society. Additionally, there should be widespread dissemination of legal provisions related to intellectual property.

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