Photo book backlash

Late veteran photojournalist Chan Kiu did not authorize pro-democracy political commentator Simon Lau Sai-leung to republish images in a photo book entitled Moments Captured by a Photojournalist in 2017, Chan's daughter said in a statement yesterday.

Chan, a former South China Morning Post photojournalist, died in Vancouver last month aged 96.

He was a six-time winner of the Honour Certificate, World Press Photo, and had recorded numerous major events in Hong Kong, including the 1967 riots and the 1997 handover.

Lau earlier said he had signed a content license with SCMP to use Chan's images in the photo book.

But Chan's eldest daughter, Theresa Chan Lai-kuen, said her father was "used" by Lau to get the pictures.

"My father had never given verbal or written authorization to Lau to publish the book unilaterally," she said.

"Even if my father talked about the publication of the photo book with Lau during their first meeting, it was only a preliminary negotiation and details of cooperation were never discussed."

Chan also said her father never participated in publication procedures for the book, including content arrangement and fact-checking, and did not even see a sample manuscript before publication.

"People can already tell based on common sense: would my father unconditionally gift his life's work to a bookseller he never met?"

She also said no one told her father who would receive the proceeds from the sales after the book's release. He was unaware the book cost HK$300 nor did he receive any money, she added.

SCMP may own the copyright for Chan's photos but Lau had to obtain the photo files from Chan himself, the daughter said, adding her father only lent the images for reference and did not know he would publish them for profit.

She said the family was told by Weldon Kong, head of content resources at SCMP, that Lau approached the newspaper in February 2017, saying he wished to publish a photo book to celebrate Chan's 90th birthday. As the photos provided by Lau were the same as the ones owned by SCMP, the newspaper did not verify with Chan before waiving copyright fees, she said, citing Kong.

Both Chan and the SCMP were deceived by Lau, the daughter alleged, adding her father was deeply saddened by the publication in 2017.

In 2006, Chan authorized the United Chinese Community Enrichment Services Society, a Canadian social services organization, to publish a photo book with the same name. The 2017 version contained similar content.

"[The 2017 book] even included the preface my father wrote for the 2006 edition. The copyright for this preface is obviously owned by my father and cannot possibly be covered by SCMP's authorization," she said, adding she reserves the right to take legal action.

Earlier, Lau posted a video on his YouTube channel, saying he maintained communication with Chan then and that he himself wished to republish the photo book. He also gave the book to Chan in person after publication and Chan signed the book for a reader.

He also posted his e-mail correspondence with SCMP, as well as the licensing agreement. Lau served as a government adviser during former chief executive Donald Tsang Yam-kuen's term.

wallis.wang@singtaonewscorp.com