VietNamNet Bridge – While the feature film based on writer Nguyen Ngoc Tu’s short story is a great success at local cinemas, a controversy has exloded over the author of the movie posters.

'Floating Lives' makes splash
 

The posters are praised to be as beautiful as dreams. Dang Minh Tung took the photos but posters are named with photographer Tran Huy Hoan.

Tung is a young member of the HCM City Photographers’ Association while Hoan is a senior and very famous photographer in Vietnam.

Tung said the film producer – BHD company – hired him to make a photo diary of the film group to be provided for the media and it hired Hoan to make the film posters.

According to Tung, Hoan took some pictures to make the posters but finally Tung’s photos were used.

“Nearly ten posters are my photos. None of them were taken by Mr. Hoan. Hoan was the designer. The posters should be noted as follows: designer Tran Huy Hoan, photographer Dang Minh Tung. But they are only noted ‘photographer Tran Huy Hoan,” Tung said.

He said the film producer intentionally noted the name of Tran Huy Hoan on posters to attract the audience because Hoan is very famous.

Tung contacted Hoan and the senior photographer told Tung to directly talk with the film producer.

The film director – Nguyen Quang Binh - told Tung to be sympathetic with the producer because all posters were printed already and the case would be explained on the media.

BHD HCM City branch director Ngo Thi Bich Hien promised to reconsider the contract signed with Tung and seek a solution for the case four days before the film came out (October 18) but BHD has not taken any action.

Tung added that his name didn’t appear on photos that BHD sent to the media.

He said he may bring the case to court.

Photographer Tran Huy Hoan said that Tung has no ground to sue Floating Lives producer.

“I explained to him many times but he still doesn’t understand that he was hired to take pictures at the scenes. He didn’t take part in any other activities. So he only copied the creative works of others so his photos are not considered copyright protected. I worked as a scene photographer for over ten big movies but I always asked the producers to not add my name to photos,” Hoan said.

Hoan also said that the most important thing in designing film posters is the idea, not the photo. Moreover, the contract signed between Tung and BHD has an article which says that the copyright of Tung’s photos belongs to BHD and this firm can use the photos without the photographer’s permission.

He said the film producer added Tung’s name to the introduction of the production group.

“Minh Tung is a newcomer so he should behave calmly. He should not try to make scandal,” Hoan said.

BHD Director Ngo Minh Hanh said the posters could  not feature the names of all the people involved, just the names useful for selling tickets. The contract signed with Tung also said that the copyright of these photos belongs to BHD.

However, some senior photographers said that BHD didn’t treat Tung properly.

Le Xuan Thang, vice chair of the Vietnamese Photographers’ Association and also vice chair of the HCM City Photographers’ Association, said: “Dang Minh Tung is a member of the HCM City Photographers’ Association. If he requests, we will inspect the case to protect our member’s interests”.

Thang suggested that Tung and BHD should talk to each other and not bring the case to court.

A lawyer from the Epals Lawyers said the contract signed between Tung and BHD must be carefully considered to know the rights of BHD when using Tung’s pictures. However, under the Vietnamese laws, Tung has at least two rights: The right to name under his works and the right to earn payment for his photos.

Once BHD uses Tung’s photos, the firm has to reward Tung under the Law on Intellectual Property.

PV