Jack said he asked Messi for permission, businessman Quoc Cuong denied it.
In recent days, singer Jack's inclusion of images of his meeting with football star Lionel Messi in his MV has caused a lot of controversy.
Image of Messi in Jack's MV "From where I was born". Photo: Screenshot from Jack's MV.
Besides the controversy over the rumor that "Jack spent 60 billion VND on a journey to meet Messi", the copyright to use Messi's image in Jack's MV is also a topic of public interest.
Jack confirmed: "I would not have made this video without permission from the beginning. During the trip to meet Messi, I discussed and asked for permission to use the image.
Messi's side agreed on the condition that I would not use Messi's image for commercial, political or national purposes."
Meanwhile, businessman Pham Ngoc Quoc Cuong - the person who connected Jack to Messi, confirmed to Giao Thong Newspaper that Jack's statement to the media that he "asked permission from Messi" to put these commemorative images in the music video was "fabricated".
"There is no way Messi will agree to appear in a music video. With Messi's reputation, the whole world wouldn't be able to have it even if they wanted to, the amount of money they would have to pay would be huge.
Exploiting Messi's image cannot be as small as 60 billion VND, too small compared to him. Recently, the Arab side invited Messi and his family to film a 30-second advertisement, and had to pay 20 million USD.
Firstly, I am not qualified enough to invite Messi to appear in the MV. Secondly, there is no agreement or contract for Messi to appear in the MV," Mr. Quoc Cuong affirmed.
What do lawyers say about Messi's image copyright issue?
Talking to Giao Thong Newspaper about the copyright issue of Messi's image in the MV "From where I was born", lawyer Tran Xuan Tien - Head of Dong Doi Law Office (Hanoi Bar Association) said: Vietnamese law as well as international law both clearly stipulate the use of other people's images.
They all recognize and protect the individual's right to image and any individual using another person's image must have their permission.
Lawyer Tran Xuan Tien - Head of Dong Doi Law Office.
Therefore, lawyer Tien stated that to determine whether Jack has infringed on Messi's image rights, it is necessary to consider and evaluate information such as: Has Jack asked for permission to use Messi's image, or is there any written agreement between Jack and Messi regarding the use of Messi's image, etc.
Not to mention, this is a case with foreign elements (related to an individual with foreign nationality), so to determine whether the above behavior is a violation or not, it is necessary to consider and determine the governing law.
Clause 1, Article 32 of the 2015 Civil Code on the individual's right to image stipulates: "Individuals have the right to their own image. The use of an individual's image must have 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.
"Based on the above provisions, there are two possible legal scenarios.
Firstly, in the event that Jack has asked for permission and received Messi's consent to use the player's image in Jack's MV, the use of Messi's image will be carried out according to the agreement between the two parties.
Second, without Messi's consent, the use of the image will be considered a violation of the provisions of Clause 1, Article 32 of the 2015 Civil Code.
In this case, Messi has the right to request a competent Court to issue a decision forcing the violator, relevant 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," lawyer Tien analyzed.
At the press conference on August 31, Jack confirmed that in order to put Messi's image in the MV, Messi's representative said that it was necessary to not mention national and political issues. The MV also had no commercial value, no monetization, and no brand sponsorship.
However, lawyer Tien said that determining the commercial nature of Jack's MV "From where I was born" depends on many factors, especially the purpose that the performer is aiming for.
"Commercial purposes" based on the content of Article 32 of the 2015 Civil Code can be generally understood as the use of personal images through any form for the purpose of gaining benefits and profits for oneself.
Lawyer Tran Xuan Tien
"On the other hand, an MV that doesn't have monetization or call for sponsorship from brands doesn't mean it's not commercial.
Using the image of soccer player Messi in the MV can be seen as a form of self-promotion for Jack to attract public opinion, enhance reputation, prestige as well as to attract viewers and audiences. At the same time, this can bring Jack many benefits and opportunities for cooperation in the future.
Regarding the determination of commerciality in Jack's MV "From Where I Was Born", according to the information Jack shared on his personal page, "Messi agreed on the condition that I would not use Messi's image for commercial, political or national purposes"; at the same time, the MV "From Where I Was Born" did not turn on the monetization button, and did not call for sponsorship from brands.
However, with the current information, there is not enough basis to accurately determine the commercial nature of Jack's MV "From where I was born". Furthermore, there has been no official conclusion from the competent authority regarding Jack's behavior of using Messi's personal image rights," the lawyer commented.
Source
Comment (0)