In recent days, singer Jack's inclusion of images of his meeting with football star Lionel Messi in his MV "From Where I Was Born " has caused a lot of noise.
Besides the controversy over the rumor that "Jack spent 60 billion VND on a journey to meet Messi", public opinion is also concerned about the copyright to use Messi's image in Jack's MV.
On this issue, Dan Tri reporter had a conversation with Lawyer Phan Vu Tuan (Ho Chi Minh City Bar Association, Vice President of Ho Chi Minh City Intellectual Property Association).
The copyright story of Messi's image in Jack's MV is controversial (Photo: Screenshot).
In recent days, public opinion has been concerned about the copyright of Messi's image in Jack's MV. In the case that singer Jack has the right to use Messi's image and in the case that he does not have the right to use the image, what legal situation will occur, sir?
- This is a case with foreign elements, determining the governing law must be based on many facts but the information available is not complete. Therefore, it is not possible to make an accurate assessment of this case.
Basically, the laws of all countries recognize and protect the right to personal image. Within the limited information available, assuming Vietnamese law is applied in this case, Clause 1, Article 32 of the 2015 Civil Code stipulates:
"Individuals have rights to their own image.
Use of an individual's image must be with that person's consent.
The use of another person's image for commercial purposes must be compensated to the person whose image is used, unless otherwise agreed by the parties.
From this regulation, singer Jack's use of the image of football player Lionel Messi in the music video From Where I Was Born can be temporarily divided into the following cases:
In case there is consent from Messi (or legally authorized organization or individual), Jack's rights and obligations in using Messi's image will be implemented according to the agreement between the parties, as long as it does not violate the provisions of law.
In case there is no consent from Messi (or legally authorized organization or individual), the use is considered a violation of the provisions of Clause 1, Article 32 of the 2015 Civil Code.
Therefore, Messi has the right to request the court to issue a decision forcing Jack and related agencies, organizations and individuals to withdraw, destroy, and stop using the image, compensate for damages and apply other measures according to the provisions of law (including apologies and public corrections).
If an MV does not enable "monetization" or call for brand sponsorship, can it be considered commercial, sir?
- "Commercial purpose" as prescribed in Article 32 of the 2015 Civil Code can be generally understood as the search for certain benefits, which can be profit or other benefits for that person.
Determining whether an activity has a commercial purpose or not requires considering many factors, including the person performing the activity and the purpose for which that person is aiming.
An MV that does not enable "monetization" or call for sponsorship from brands does not mean it is not commercial. Because:
Firstly, MV can be seen as a form of promotion for MV makers, helping them to increase their reputation, prestige and attract audiences. This can bring financial benefits or opportunities for future cooperation.
The second is the issue of music copyright. If the MV uses copyrighted music or images and generates profit from distributing or providing this content (through copyright purchase or advertising money), then it is commercial.
However, determining the commercial value in the case of the MV From Where I Was Born is not enough basis and data to accurately evaluate.
Lawyer Phan Vu Tuan (Photo: Provided by character).
In your personal opinion, what should Jack do in this situation?
If Messi's consent was obtained prior to use, Jack must comply with the agreement of the parties.
On the contrary, Jack needs to quickly contact Messi to negotiate the use of the image; at the same time, Jack needs to immediately stop using Messi's image to avoid disputes, complaints and limit unforeseen damages to Messi personally and himself until receiving Messi's consent.
In addition, Jack needs to consider correcting and clarifying false rumors to avoid negatively affecting the image, reputation and honor of related individuals to avoid unnecessary damage, disputes and complaints.
Lawyer Nguyen Van Hau: "If you don't know the law, you have to ask!"
Regarding this issue, Lawyer Nguyen Van Hau - Chairman of the Vietnam Lawyers Commercial Arbitration Center - spoke with Dan Tri reporter as follows:
"Vietnamese law and international law clearly stipulate the use of other people's images. Specifically, it must have the permission of that person or that person's legal representative.
In case singer Jack wants to use Messi's image in a music product, he must have the consent of Messi or Messi's legal representative.
Regarding the information in the past few days, I see that there are still many unclear issues. Is there a written agreement from Messi's side agreeing to allow the use of Messi's image in Jack's MV? There must be a written agreement, it cannot be verbal. If it is a verbal agreement, it must be proven and witnessed.
Legally, there are contract templates for using personal images, the content of the written or oral contract must be valid for how long, how many years, what is the content, costs and payment methods, rights and obligations of the parties, if there is a violation, what is the responsibility, how is compensation, how is force majeure handled?
Speaking orally will be very disadvantageous in terms of law for the party using the image. If Messi sues, Jack will lose. If you don't know the law, you have to ask, like if you are sick, you have to see a doctor. That is a lesson to warn sick people who do not go to the doctor but self-medicate.
Lawyer Nguyen Van Hau (Photo: Provided by character).
Unauthorized use of other people's images posted on social networks is an administrative violation and may be subject to penalties under Article 101 of Decree 15/2020/ND-CP dated February 3, 2020 of the Government stipulating penalties for administrative violations in the fields of post, telecommunications, radio frequencies, information technology and electronic transactions.
In addition, the party who illegally uses another person's image may also be subject to civil lawsuits for violating that person's right to image protection.
Although the MV did not enable monetization or call for sponsors, Messi's appearance caused a media explosion, attracted followers, information about Jack was widely shared on social networking sites, and the video attracted media audiences.
Follower count is one of the metrics for monetization."
Summary of events:
On August 31, Jack released the MV " From Where I Was Born", featuring famous football player Lionel Messi. After the release of this music product, social media was flooded with information claiming that Jack spent 60 billion VND on a trip to meet Messi.
On the morning of September 3, singer Jack's legal representative issued a statement denying rumors related to the figure of 60 billion VND.
Jack's side emphasized that the numbers being spread regarding the cost of inviting player Messi to Jack's MV, as well as the cost of relationships with friends and relatives during the trip, are "completely untrue and baseless".
Along with the announcement, singer Jack also apologized to individuals (including businessman Pham Ngoc Quoc Cuong), associates, and partners who were indirectly affected by the unverified information circulating on social networks.
However, on the afternoon of September 4, businessman Pham Ngoc Quoc Cuong - the person who connected singer Jack to meet soccer player Messi - spoke up on his personal page, saying that after connecting Jack to meet soccer player Messi, he and the male singer agreed that the images of the meeting would only be kept as souvenirs, or included in a documentary.
Mr. Cuong said that Jack went against his original commitment when he arbitrarily exploited Messi's image in the MV.
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