As Vietnam's entertainment industry boomed, The demand for music for movies and video games has increased dramatically. At times, The songs in a movie soundtrack will be as popular as the movie itself.

To use a song in a movie, Film producers usually need to reach an agreement with the owner of the copyrighted work, To obtain permission to use the work——And agree on the amount of royalties. Or else, Their use may be considered copyright infringement. however, If the producer makes a deal with the so-called rights holder of the song, But it turned out that the person didn't really own the song, So what happens? A recent high-profile case in Vietnam brought the issue to light.

Disputes and court decisions

by Ly Hai Films financed and produced by Promotion Limited "Face Off 4 - The Walking Guests" in 2019 years 4 Monthly Premiere, And it was an instant success. In this movie, Ly Hai He used a song called "Ganh Me" Song of 's. Ly Hai in 2019 years 3 Moon and Musician Quach Beem Signed a contract for use. Quach Beem in 2019 years 4 month 24 The copyright certificate was issued by the Copyright Office of Vietnam, Be identified as the song owner.

Copyright disputes occur in 2019 years 11 month, A man named Truong Minh Nhat People found that "Ganh Me" The lyrics with him in 2014 years 6 Month created and published in his Facebook A poem on the page is almost identical, As early as the Vietnam Copyright Office Quach Beem The poem existed before the copyright certificate was issued. Nhat right 2 Named defendant Quach Beem with Ly Hai A copyright infringement lawsuit was filed.

Nhat The petition asks the court to recognize that he is "Ganh Me" The author and owner of the lyrics, Combine command Quach Beem Correct false information in copyright certificates and compensate for damages. Nhat A court order is also requested Ly Hai:

－Discontinued on all media and platforms until the court's decision takes effect "Ganh Me" ;

－Apologize in the mass media, He said he used his poem without permission and gave incorrect authorship;

－Name him as the author and owner of the lyrics in the film and all related articles and posts; and

－Compensate for loss.

2022 years 4 month, Ho Chi Minh City People's Court (HCMC) Give a judgment of first instance, Admit that the plaintiff is "Ganh Me" The author and owner of the poem. The court further ruled, A song that will contain the plaintiff's poetry "Ganh Me" Registration as a copyrighted work is an act of stealing the copyright of the plaintiff's poem. The court then accepted the plaintiff's case Quach Beem Claim of, Including some claims for damages.

With regard to Ly Hai, The court ruled that the company had acted in good faith in using the song in its film under a contract with the musician. therefore, The court dismissed the plaintiff's case Ly Hai Of almost all propositions, In addition to the plaintiff's request for him to be the author of the film's lyrics and other related articles and posts.

Quach Beem Appeal against the judgment of the first instance, But the Ho Chi Minh City High Court upheld the verdict.

Dissenting opinion on the ruling

Vietnam "2015 Civil code" The first 133. 2 The article provides the protection mechanism of bona fide third party in civil transactions: "When a civil bargain is void, However, the property to be traded has been registered with the competent authority, It is then transferred to a bona fide third party through another transaction, When the person makes a transaction pursuant to the registration, Such transaction shall be valid. " In this case, Although the property owner can ask the party at fault to refund appropriate fees and pay damages, But he has no right to recover property from a bona fide third party. however, There is no law in Vietnamese law concerning No 133. 2 Article for further guidance, Neither is right "Bona fide third party" Make a specific definition.

In a judgment of first instance, HCMC adjudication Ly Hai The use of the song is in good faith, But didn't specify that it was "Bona fide third party" , Nor does it provide a clear legal basis for its ruling. therefore, The verdict has drawn mixed opinions from lawyers and practitioners.

Many people think, LyHai Cannot be regarded as entitled to the first 133. 2 Article protects bona fide third parties, Because there's only one deal, namely Quach Beem and Ly Hai Transaction between. If not "Another deal" , There's no third party, therefore, The plaintiff has the right to ask the court to declare it Quach Beem and Ly Hai Between the contract cause Quach Beem Is invalid by misrepresentation. In addition, According to Vietnam's intellectual property law, Any use of a copyrighted work without permission from the owner, Except in specifically permitted exceptions, Will be considered infringement, therefore Ly Hai Shall be liable for infringement allegations as requested by the plaintiff.

By contrast, Others think that, There is no need for multiple transactions to identify bona fide third parties. If the property being traded has been registered with the competent authority, And one party relies on such registration for civil transactions, Then the transaction is valid. therefore, Such party will be regarded as a bona fide third party, May be regulated by 133. 2 Article to protect their rights and interests. (Be compiled from www. managingip. com)

TRANSLATORS: Rason group　proofread: Liu Peng



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