Original image of the show "Hoi An Memories" (Photo: Hoi An Memories Island).
Image is said to be copyright infringement (Photo: Hoi An Memory Island).
According to Gami Hoi An Joint Stock Company, on the night of October 7, the Rap Viet All Star Concert 2023 program was recorded by Vie Chanel Company (under DatViet VAC), in which the Golden Song performance by rapper Mikelodic and dancers used the choreography, costume images and stage performances of the live show Hoi An Memories .
"Rap Viet All Star Concert 2023 is a ticketed performance program with revenue and profit, therefore, any act of copying, in any form, appearing in the program without permission is a violation of Intellectual Property Law on Copyright," said a representative of Gami Hoi An Joint Stock Company.
Gami Hoi An Joint Stock Company also said that from 2021, all scripts, stage plays (including stage structure and stage developments), music throughout the play, and the form of costume designs have been registered and protected by copyright with the Copyright Office, Ministry of Culture, Sports and Tourism.
Gami Hoi An Joint Stock Company believes that any act of copying or cutting works without permission is an act of copyright infringement for works protected by the Copyright Office according to the provisions of Articles 19, 20 and 28 of the Intellectual Property Law 2022.
Original image of the show "Hoi An Memories" (Photo: Hoi An Memories Island).
Image is said to be copyright infringement (Photo: Hoi An Memory Island).
"The performance of Golden Song performed by rapper Mikelodic and dancers in the Rap Viet All Star Concert 2023 program recorded by Vie Chanel Company on the night of October 7 seriously violated the Intellectual Property Law on Copyright," said a statement from Gami Hoi An Joint Stock Company.
Hoi An Memories continuously sent official dispatches to Vie Chanel Company with the goodwill to resolve this matter by publicly admitting and apologizing for violating copyright of the works in the Hoi An Memories show, requesting a quote "using some excerpts of the Hoi An Memories show when the Golden Song was broadcast.
However, in the response letter, Vie Chanel Company affirmed that there was no violation of the copyright of the Hoi An Memories show in any form, including images, performance choreography, stage structure and costume images.
This company asserted that Hoi An Memories did not have enough legal basis and convincing evidence to prove this violation. This company also said that Hoi An Memories was mistaken about the copyright infringement of the Golden Song performance in the Rap Viet All Star Concert 2023 program. Although previously, in the official dispatch sent to Vie Chanel, Hoi An Memories had provided arguments and evidence about the copyright being protected by the Copyright Office.
Specifically, Vie Chanel cited a number of images using choreography to create water waves, circles combined with ao dai and conical hats held in 2016. The fact that Hoi An Memories claimed that the programs were held from 2016 (before 2021 when Hoi An Memories was legally protected) that Vie Chanel used to refute its violations is completely baseless and has no legal basis.
Vie Chanel also cited a number of performances in China that used the image of glowing conical hats. Specifically, the live performance in China Impression of the West Lake by director Zhang Yimou in 2009 and the performance Picking Tea in Hangzhou, China in 2016.
Hoi An Memories believes that this citation by Vie Chanel is unreasonable and lacks basis to refute its violation.
In addition, Vie Chanel argued that the opening program of the 31st Sea Games held on the night of May 12, 2022 had some segments using costumes and stage structures from Hoi An Memories.
However, the owner of Hoi An Memories affirmed that the Organizing Committee of the 31st Sea Games opening program had requested permission and received approval from Hoi An Memories to use these images and stage structures.
"Although it is a national program, the General Director and the Organizing Committee still worked and asked for permission from Hoi An Memories before implementing the program. This is a demonstration of the spirit of respect for the law as well as respect for copyright that any performance program, producer or media company in Vietnam should have in the process of working and creating," the owner of Hoi An Memories presented.
Gami Hoi An Joint Stock Company affirmed: "Vie Chanel's argument shows a clear violation of Copyright and a lack of research during the working process."
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