Shenzhen Metro Station's Art Workshop Raises Copyright and Public Space Compliance Issues; Lawyers: Attention Needed on Licensing and Liability

📅 2026-08-21 📂 Shenzhen Lawyers' News Shenzhen Lawyers' News 🏷️ #公共空间合规 #活动安全责任 #深圳地铁艺术展 #Shenzhen Lawyer #著作权授权

On Qixi Festival (Chinese Valentine's Day) in 2026, an activity named "A Patch of Heartfield · Fabric Art and Printmaking Workshop" at Shenzhen Huangmugang Metro Station attracted many citizens to stop and watch. The "Museum Night" summer special art workshop, created by the Guan Shanyue Art Museum, brought printmaking exhibitions and fabric art hands-on experiences into the public space of the subway, allowing commuters to experience the beauty of traditional culture during their transfer intervals. While this innovative initiative has won acclaim, it has also raised a thought-provoking question: when art enters public spaces such as subway stations, what legal risks lie behind it? How should the organizers and participants use legal tools to protect their rights and interests? From a lawyer's perspective, and in light of the Copyright Law, the Civil Code, and other laws and regulations, this article analyzes the legal intricacies involved.

深圳地铁站办艺术工坊引著作权与公共空间合规问题,律师:需注意授权与责任

Public Space Art Display: Copyright Authorization is the Prerequisite

As an urban public space, the subway station is not a "lawless zone" for artistic displays. Under Article 10 of the Copyright Law of the People's Republic of China, copyright holders enjoy multiple rights, including the right of exhibition and the right of reproduction. If the prints displayed in the "Carving Wood into History · Engraving Mountains and Rivers" print touring exhibition held by the Guanshanyue Art Museum at Huangmugang Subway Station are not original works of the museum itself, then explicit authorization from the copyright holders must be obtained.

In practice, art displays in public spaces often involve dual licensing issues of "temporary reproduction" and "public exhibition." For example, moving print artworks from an art museum to a subway station for display constitutes an act of "exhibition" of the works; however, if citizens reproduce or copy the works during a fabric print-making segment of an event, this may implicate the "reproduction right." Lawyers advise that when organizing such activities, the organizers should sign detailed licensing agreements that clearly define the scope, duration, and territory of the license, so as to avoid disputes arising from unclear authorization.

Additionally, if the exhibited works involve the estate of a deceased artist, attention must be paid to the protection period stipulated in Article 21 of the Copyright Law (the author's lifetime and fifty years after death), to ensure that the works are still within the protection period; otherwise, liability for infringement may arise.

Compliance for Activities in Subway Stations: Administrative Approval and Public Safety Responsibility

As a public place with dense crowds, subway stations are not venues where events can be held at will. According to the Regulations on the Operation and Management of Urban Rail Transit and the Measures for the Administration of Urban Rail Transit Operation in Shenzhen, conducting non-operational activities within subway stations requires submitting an application to the rail transit operation entity and obtaining approval from relevant authorities.

For this art workshop event, the organizer, Guan Shanyue Art Museum, in cooperation with Shenzhen Metro, should have already obtained the necessary permits. However, lawyers remind that compliance procedures are not merely about "obtaining approval documents"; more attention must be paid to public safety responsibilities during the event. According to Article 1198 of the Civil Code, if operators or managers of business premises or public places such as hotels, shopping malls, banks, stations, airports, sports venues, and entertainment venues, or organizers of mass activities, fail to fulfill their safety protection obligations, thereby causing harm to others, they shall bear tort liability.

Specifically for such activities, the organizer must ensure that: activity areas do not block evacuation routes, fire protection facilities remain in good condition, materials are placed stably, and dedicated personnel are on site to direct pedestrian flow. In 2025, an incident occurred at a city subway station where a passenger was injured by toppled activity materials, and the organizer was ordered to pay compensation for medical expenses and mental distress damages—a profound lesson. Therefore, lawyers advise organizers to purchase public liability insurance and develop emergency response plans, just in case.

Citizen Participation in Art Experiences: Legal Rights and Risk Prevention

For citizens participating in the activity, although the artistic experience is enjoyable, there are also potential legal risks. In the fabric print workshop, citizens use tools to create their works. If they are injured due to tool defects or improper guidance, according to Article 1165 of the Civil Code, if the organizer cannot prove that it is not at fault, it shall bear tort liability.

Meanwhile, the copyright ownership of works created by citizens while participating in activities also warrants attention. According to Article 19 of the Copyright Law, for works created under commission, the ownership of copyright shall be agreed upon by the commissioning party and the commissioned party through contract; where no explicit agreement has been made or no contract has been concluded, the copyright shall belong to the commissioned party. At the event site, do creations completed by citizens based on the templates and guidance provided by the organizers constitute "commissioned works"? If the parties have not reached an agreement, the copyright of the works may belong to the citizens themselves; however, if the organizers wish to use these works in their publicity, they must obtain permission from the citizens.

The lawyer advised that the organizer should post a "Participation Notice" at the event entrance, clearly stating the rules for the use of works; citizens should also proactively learn about their own rights when participating, and if they discover that their works have been commercially used without authorization, they may demand cessation of infringement and claim compensation in accordance with Article 54 of the Copyright Law.

The Integration of Art and Commerce: Legal Boundaries of Brand Collaborations

This workshop also specially partnered with Shenzhen's local handmade brand "Good Friend HiFriend" to co-create, blending farming printmaking elements with fabric handicrafts. This combination of art and commerce brings innovative experiences while also touching upon the legal boundaries of brand co-branding.

According to Article 6 of the Anti-Unfair Competition Law, business operators shall not, without authorization, use identical or similar identifiers such as product names, packaging, or decoration that have certain influence with others, so as to avoid misleading the public. In co-branding activities, if a brand uses artworks or names from a museum's collection, authorization must be obtained; conversely, if a museum uses a brand's design elements, the ownership of rights must also be clearly defined. In addition, if the sales of co-branded products involve profit sharing, both parties should sign a written contract to clearly define intellectual property ownership, revenue distribution, and liability for breach of contract, so as to avoid the situation where "partners are as close as family during collaboration, but end up in court when they part ways."

Lawyers remind that when art institutions collaborate with commercial brands, special attention should be paid to the legal applicability issues arising from "cross-industry" collaborations. For example, if co-branded products involve food or cosmetics, they must also comply with the provisions of the Food Safety Law or the Regulations on the Supervision and Administration of Cosmetics; otherwise, they may face administrative penalties.

The Inspiration of Art Entering the Subway: Law Safeguards Cultural Innovation

The new art workshop at Shenzhen Metro stations is a beneficial exploration of urban public cultural services. It brings art out of the hall and into the daily lives of citizens, reflecting Shenzhen's innovative vitality as the "City of Design." However, any innovation should be carried out within the legal framework. From copyright authorization to public safety responsibility, from the protection of citizens' rights to the standards of commercial cooperation, every aspect relies on the support of the law.

For the organizers, compliance is not only a means to mitigate risks but also a guarantee of enhancing the quality of the event. For citizens, understanding legal knowledge not only protects their own rights and interests but also allows them to better enjoy the pleasures that art brings. Guangdong Zhiming Law Firm has long been dedicated to legal services for the cultural and creative industries, having provided intellectual property protection, contract review, and compliance consulting for numerous art institutions and cultural and creative enterprises. If you encounter legal issues at such events—whether copyright disputes, liability for event safety, or commercial cooperation controversies—you are welcome to consult us at any time. We will safeguard your interests from a professional legal perspective.

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