A photo which just pocketed the gold medal at the 2013 Festival of Art Photos in the northern and central regions has recently created quite a stir when disputes regarding its ownership broke out.

The photo under question is titled “Le hoi khat thuc” (The monks’ food-begging fest), and its ‘author’ is Do Van Tri, a member of the Thua Thien-Hue Photography Association.

When the photo was exhibited and won the gold medal at the festival, Nguyen Xuan Huu Tam, another member of the association, realized that the photo was actually taken by him.

On May 6, Tam filed a complaint, requesting that the Thua Thien-Hue Photography Association and concerned agencies look closely into the case and reconsider the photo’s eligibility for the prize.

According to Tam, he took the photo during a trip with Nguyen Huu Hai, a fellow member from the association, to the Huyen Khong pagoda early last year.

Tam and Hai climbed to the top of the temple where Tam took several photos of the mendicant monks below from this precarious angle.

Tam added that Hai gave his camera to him and asked him to take similar photos. Tri’s gold-medal winning photo was one of those given to him by Hai.

Tam noted that he ‘announced his ownership’ of the photo when he took a similar one with the same title to the Sac xuan (Spring hues) exhibition held in Hue shortly after taking the photo and posting it in online forums.

On May 9, Tri officially admitted that his prize-winning photo had been given to him by Hai and expressed his embarrassment over the situation.

Hai told Tuoi Tre that he showed Tam the photo-taking angle, while Tam refuted that, saying though Hai made an appointment with him to take such photos that day, he had been well aware of this angle before.

Tam added that he plans to take the photo to a local tourism photo competition and a Buddhism-themed photo competition in Thailand.

“Though the photo was taken by Tam with Hai’s camera, according to photographers’ unwritten ‘rules’, it is based on Hai’s idea and thus obviously belongs to Hai,” Pham Van Ty, chair of the Thua Thien-Hue Photography Association noted.

“Tam can’t claim ownership of the photo merely by taking it to an exhibition or posting it online. He should have officially registered for its ownership,” stressed   Dang Van Tran, head of the association’s inspectorate.

This has created controversy among the public.

According to Nguyen Manh Quy, from the Author Ownership Office, Tam is the author as he took the photo. However, as the author’s right includes the civilian (personal) right and the asset right, Tam enjoys full civilian right regarding the photo including writing his name under it, and being informed and consulted if it’s revised or used for other purposes.

Quy stressed that it is absolutely unlawful for Tri to take Tam’s photo to the competition without his consent.

“However, it’s difficult to determine the photo’s asset right, as Tam and Hai didn’t reach any agreement in the first place. They should now settle it among themselves,” Quy elaborated.

Meanwhile, according to lawyer Tran Hong Phong, Tam and Hai can be the photo’s co-authors.

Ty said the association’s inspectorate is looking closely into the case and may ask the Central Photography Association to reclaim the gold medal awarded to Tri.