Recently, Ms. Than Thi Thu Huyen - Executive Director of Hoi An Memory Island frankly responded to the fact that Vie Channel Joint Stock Company violated the copyright of the show "Hoi An Memory" in the Rap Viet All Star Concert 2023 program.
Vie Channel Joint Stock Company recently announced that this is an image from the performance "Golden Song" by rapper Mikelodic which took place on the evening of October 7 in the program Rap Viet All Star Concert 2023.
Specifically, Ms. Than Huyen shared about the show on the evening of October 7, the Rap Viet All Star Concert 2023 program by Vie Channel Joint Stock Company (under DatViet VAC), in which the performance "Golden Song" (not "Golden Skin Sound" - PV) was performed by rapper Mikelodic and the dancers used choreography, costume images and stage performances of the live show "Hoi An Memories" - a show invested in and managed by Hoi An Memories Island.
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.
The performance "Golden Song" recorded on the night of October 7 seriously violated Intellectual Property Law on Copyright"?
Regarding this issue, "Hoi An Memories" responded to Vie Channel with many specific emails, with evidence proving the copyright infringement of the above program. However, this company still did not admit to violating the above acts, or sit down to negotiate again with Gami.
Ms. Than Thi Thu Huyen - Executive Director of Hoi An Memory Island said that from both tourism and art aspects, "Hoi An Memories" has been widely known to the public and is one of the pioneering symbols for live performances in Vietnam. Therefore, no media and art unit can say that they "don't know" about this famous show.
From 2021, all scripts, stage plays (including stage structure and stage developments) , music throughout the play, and costume designs have been registered and protected by copyright with the Copyright Office of the Ministry of Culture, Sports and Tourism.
The show "Hoi An Memories" was recorded in its entirety and this 60-minute recording – along with the script, stage play, stage performances and the set of costumes of "Hoi An Memories" – are all owned by G-Performance Joint Stock Company – a member company of Hoi An Memories Island.
At the same time, as mentioned above, from 2021, the entire written script, the entire stage performance including 60 minutes, the set of costumes, and music in the performance have all been registered and protected by copyright by the Copyright Office, under the Ministry of Culture, Sports and Tourism.
Therefore, any act of copying or cutting a work without permission is an act of copyright infringement for works protected by the Copyright Office as prescribed in Articles 19, 20 and 28 of the 2022 Law on Intellectual Property.
"The performance 'Golden Song' recorded on the night of October 7 seriously violated Intellectual Property Law on Copyright," Ms. Huyen emphasized.
Specifically, regarding the act of copying images and performance content, Ms. Huyen pointed out that: The choreography of the performance "Golden Song" performed by rapper Mikelodic and dancers was copied from the live show "Hoi An Memories".
"Golden Song" (left photo) and "Hoi An Memories" (right photo): Characters wearing white ao dai and LED-lit hats walk out with rhythmic steps, their hands clasped behind their backs.
About the Choreography of "Golden Song" (top photo) and "Hoi An Memories" (bottom photo)
Stage performances of "Golden Song" (top photo) and "Hoi An Memories" (bottom photo).
The content of the script and performance form of the live show "Hoi An Memories" have been protected under the following Copyright Registration Certificates: The script of the live show "Hoi An Memories" under Certificate No. 8452/2021/QTG, issued on November 24, 2022; The stage play (entire content and performance form) Hoi An Memories under Certificate of Registration No. 6684/2021/QTG, licensed on October 4, 2021
"The obvious similarity with the two excerpts above is a serious violation of the copyright of 'Hoi An Memories', protected in the above-mentioned documents," Ms. Huyen pointed out.
Ms. Than Thi Thu Huyen - Executive Director of Hoi An Memory Island.
"Not only did it infringe upon the copyright of the script and stage play 'Hoi An Memories', the choreography in the 'Golden Song' performance by rapper Mikelodic and dancers at Rap Viet All Star Concert 2023 also infringed on the copyright of the performance costumes with the image of the ao dai and conical hat with LED lights; this image was protected under Certificate No. 6261/2021/QTG, licensed on August 30, 2021 by the Copyright Office," Ms. Huyen continued.
Ms. Huyen emphasized: "The "Hoi An Memories" side has continuously sent Official Dispatches to Vie Channel Joint Stock Company with the goodwill to resolve this matter by publicly acknowledging and apologizing for violating copyright of the works in the Show "Hoi An Memories" and requesting a quote "using some excerpts of the Show Hoi An Memories" when the "Golden Song" performance is broadcast.
However, in the response letter dated October 20, 2023, Vie Channel Joint Stock Company responded affirming that there was no violation of the copyright of the show "Hoi An Memories" in any form, including images, performance choreography, stage structure and costume images.
Vie Channel denied the violation, citing that the 31st Seagames Opening Ceremony also used images of costumes and stages from "Hoi An Memories".
According to the document dated October 20 of Mr. Bui Huu Duc (Director of Vie Channel Joint Stock Company) responding to Hoi An Memory Island, Vie Channel Joint Stock Company affirmed that "Hoi An Memory" does not have enough legal basis and convincing evidence to prove this violation, claiming that "Hoi An Memory" has made a mistake about the copyright infringement of the performance "Golden Song" (not "Golden Song" as reported by the media and the official dispatch of Gami Company - PV) in the program Rap Viet All Star Concert 2023.
Although previously, in the Official Dispatch sent to Vie Channel, "Hoi An Memories" had presented arguments and evidence about the Copyright being protected by the Copyright Office.
Specifically, Vie Channel cited a number of images using choreography to create water waves, circles combined with ao dai and conical hats held in 2016. The copyright of "Hoi An Memories" was established and protected under the Intellectual Property Law on Copyright from 2021, therefore, the programs held from 2016 - before 2021 - that Vie Channel used to refute its violations are completely baseless and have no legal basis.
Next, Vie Channel cited a number of performances in China that used the image of glowing conical hats (specifically the live show in China "Impression of the West Lake" by director Zhang Yimou in 2009 and the performance "Picking Tea" in Hangzhou, China in 2016).
Ms. Huyen indignantly said that Vie Channel needs to know that the copyright of the live performance show "Hoi An Memories" is being protected by the Copyright Office, under the Ministry of Culture, Sports and Tourism throughout Vietnam.
Any act of copying or using the performance images and choreography of "Hoi An Memories" in any form in all other performances in Vietnam must have permission and approval from "Hoi An Memories". Therefore, this citation by Vie Channel is unreasonable and lacks basis to refute its violation.
Ms. Than Thi Thu Huyen added that, in addition, Vie Channel argued that the Seagames 31 Opening Program held on the night of May 12, 2022 had some segments using costumes and stage structures from "Hoi An Memories".
It should be noted that previously, the Organizing Committee of the 31st Sea Games Opening Ceremony 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 work and ask for permission for "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 fact that Vie Channel put forward this argument shows a clear violation of Copyright, a lack of research during the working process as well as a lack of respect for the law.
We would like to present the facts and evidence related to the violation of Intellectual Property Law on Copyright by Vie Channel Joint Stock Company regarding the show "Hoi An Memories" in the Rap Viet All Star Concert 2023 program, as well as the lack of goodwill and lack of respect for the law by Vie Channel towards these violations," said Ms. Than Thi Thu Huyen - Executive Director of Hoi An Memories Island.
"Hoi An Memories" is a live show that was launched on March 18, 2018 with 1,248 shows, serving nearly 2 million Vietnamese and international tourists and has been widely known to the public through mass media as well as direct experiences at Hoi An Memories Island.
In 2018, at the time of its release, "Hoi An Memories" was honored by the Vietnam Guinness Book of Records (VietKings) in two categories: "The largest live art program in Vietnam" and "the art program with the most actors".
In 2019, "Hoi An Memories" was honored by The Guide Awards 2019 as "The Best Cultural and Historical Spectacle Show in Vietnam". Also in this year, "Hoi An Memories" continued to be honored as "Leading Historical Spectacle Show" by Vietnam's leading travel magazine Wanderlust Tips.
In addition, in 2019, "Hoi An Memories" became the first show in Vietnam to be shown at Times Square - USA and was called the "most beautiful" and "most eye-catching" show in the world by the world's leading news agency Reuters.
Then, in November 2022, at the "World Travel Awards" ceremony - the award known as the "Oscar of the world tourism industry" held in Oman, "Hoi An Memory Island" was honored as "World leading entertainment destination 2022".
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