UNITED STATES DISTRICT COURT

DISTRICT OF OREGON
PORTLAND DIVISION
CAROL WILSON FINE ARTS, INC, an Case No.: 3:14-cv-00587-AA
Oregon Corporation,
Plaintiff,
v.
ZIFEN QIAN, an individual, Defendant initial Disclosures
Defendant.

I. LEGAL DOCUMENT
Defendant Zifen Qian makes this initial disclosure to legally support Zifen Qians painting does not
belong to his employment with Carol Wilson Fine Arts, Inc. and therefore the paintings have been
published on CWFA greeting cards, portfolios and related papers cannot be the definition of work
made for hire. Pursuant to US Copyright Act section 101 prepared by employee within the scope of his
or her employment:
1. An only contract of employment agreement between Carol Wilson Fine Arts, Inc. and Zifen Qian
signed in 1992. The agreement does not indicate painting as part of his job duties.

II. DOCUMENTS AND TANGIBLE THINGS
Defendant Zifen Qian makes these initial disclosures to support his independent creation of watercolor
for research and academic practices from 1980s to current include those have been selected for
publishing on CWFA greeting cards, portfolios and related papers which Zifen Qian holds copyrights of
such scholarly paintings. Pursuant to NIMMER on Copyrights Section 503 B, I, b, I at page 5-36, the lack
of control over content, form, or even subject matter about which the scholar chooses to write
separates these works from just about every other work for hire. NIMMER on supra note 19,
5.03[B][l][b][i] & n.94, see also William H. Carnahan, Copyright in Our Realm of Learning, 7C. COUNS.
421, 436 (1972), "The right of academicians, whether employed by the Government or a private
institution, to copyright and retain a proprietary [sic] interest in their works, including lecture notes and
manuscripts, has been well defined by the courts." Which means even the scholarly work is for
employment, the copyright of the work shall belong to the author. For the work is not for employment
as Zifen Qians painting, the copyright shall absolutely belong to the solo author Zifen Qian:
1. Original watercolors with same style and personality of those published on CWFA greeting cards,
portfolios and related papers, which proved those published on CWFA greeting cards, portfolios and
related papers were part of Zifen Qians paintings independently created for his research and
academic practices.
2. Book Entertaining with Betsy Bloomingdale of all illustrations by watercolor published in 1994
with the same style and personality of those published on CWFA greeting cards, portfolios and related
papers, which proved those published on CWFA greeting cards, portfolios and related papers were
part of Zifen Qians paintings independently created for his research and academic practices.

Pursuant to US Copyright Act section 201, in the case of a work made for hire, the employer or other
person for whom the work was prepared is considered the author for purposes of the title. Which
means once Zifen Qians signature or name to be printed on the publication as the author of the
painting, that painting cannot be the definition of work made for hire:
3. Samples of having Watercolor by Zifen Qian on the back of CWFA greeting cards, which indicated
that Zifen Qian is the solo author of the painting and proved that it cannot be the definition of work
made for hire.
4. Samples of having Zifen Qian signature printed on CWFA portfolios, which indicated that Zifen Qian
is the solo author of the painting and proved that it cannot be the definition of work made for hire.

There may be more tangible things and/or individuals when it comes available to support defendant
copyright rights on his paintings.

III. DEMAGES
Zifen Qian claims statutory damages of his reputation and copyright rights, at least $1,000,000, and
additional costs determined by the court, as well as attorney fees.




Zifen Qian, Defendant
2811 Beacon Hill Drive
West Linn, OR 97068

Dated: June 10th, 2014

CERTIFICATE OF SERVICE
The undersigned hereby certifies that on June 10
th
, 2014, a copy of DEFANDENT INITIAL DISCLOSURES
was served by US Mail and email to:

Stephen J. Joncus, OSB #013072
KLARQUIST SPARKMAN, LLP
121 S. W. Salmon Street, Suite 1600
Portland, OR 97204
Stephen.joncus@klarquist.com.

Attorney for Plaintiff


By: Zifen Qian
2811 Beacon Hill Drive
West Linn, OR 97068
Zifen@live.com