Recent accusations of copyright infringement by the ‘Ky uc Hoi An’ (Hoi An Memories) art program has heated up the public. 

The program copyright holder affirmed that the image of dancers wearing ao dai (traditional Vietnamese long dress) and conical hats with LED lights in the Rap Viet All Star Concert 2023 Show recorded by Vie Chanel on October 7 is infringing copyright.

The program unit said that the image has been protected as shown in the copyright registration certificate granted by the Copyright of Vietnam (COV) in 2021.

“The contents for protection include stage script, all the designs of costumes, props, and characters of Hoi An Memories show. The songs and especially the 60-minute performance, plus the stage structure, all have been all recorded and videotaped," said Than Thi Thu Huyen, CEO of Hoi An Memories.

In reply, Vie Chanel affirmed that some images using dances to create water waves and round blocks combined with ao dai and conical once was seen at an event in 2016, or five years before the copyright of Hoi An Memories was defined and protected under the Intellectual Property law. Therefore, this company denied the accusation of copyright infringement.

Meanwhile, COV said the agency will clarify the dispute if the involved parties lodge complaints. The dispute is continuing and the two parties have not found a common voice.

The survey conducted within the framework of the Project to Strengthen the Enforcement of Intellectual Property Rights in Vietnam, found that 43 percent of creative subjects have had their intellectual property rights infringed. In 2013, the Government issued Decree No13 regulating administrative penalties for violations of copyright and related rights.

A report by the Ministry of Culture, Sports and Tourism’s inspection division showed that in 2014-2022, 447 organizations and three individuals received administrative fines, totaling VND12.9 billion.

These were mostly violations in the right to distribute works, reproducing content of other works, and paternity rights. The number of cases handled during nearly 10 years of implementing the Decree actually accounts for a very small proportion of the total number of violation cases.

Vietnam is one of the 10 largest copyright-violating countries and has been repeatedly warned of the consequences the problem may cause. It may reduce the value of the art market, and cause a loss of confidence of artists, collectors and the audiences

The consequences of this can reduce the value of the art market, losing the trust of artists, collectors and the public. It is impossible to rely on self-awareness of organizations and individuals to comply with the law. The process of handling copyright makes it difficult to handle the cases and leaves disputes unsettled.

In the field of culture and arts, the issuance of copyright registration certificates and related rights registration certificates is based on the spirit of owners and authors’ written commitments.

Under the Intellectual Property Law and the newly issued Decree 17, the registration aims for the recognition of the right over certain works. That process is completely carried out based on the commitments of the person registering copyright and related rights, according COV head Tran Hoang.

The certificate is just a source for reference. When disputes occur, the organizations or individuals holding the copyright have to continue to prove their process of creating their products.

Lawyer To Phuong Dung from Minh Khue Law Firm commented that Vietnam lacks independent inspection organizations which consider and give appraisals before copyright and intellectual property holding right certificates are issued.

“Building a system of intellectual property inspection agencies is extremely necessary to help define who has rights for a work,” Dung said.

She went on to say that it would be better to set a provision that the organizations and individuals registering copyright have to provide materials about their creation process right when they make registrations. This will reduce disputes on copyright holder.

Meanwhile, every agency also has to build its internal database about copyright and dispute cases.

Vietnam doesn’t have a specific court specializing in handling intellectual property cases.

There are 12 creative cultural industries in Vietnam. However, the contributions of the cultural industry remain modest, just 4 percent of GDP.

Han Triet