Proactive prevention at the outset crucial to fight film copyright infringement

Who to call for help?

A conference to discuss the protection of copyrights in the film industry development process held within the framework of the 23rd Vietnam Film Festival revisits an issue that is neither new nor old. From the circumstance of director Luong Dinh Dung, Vo Thanh Hoa to the thoughts of Assoc. Prof. Dr. Do Lenh Hung Tu, Chairman of the Vietnam Cinematography Association, remains highly topical.

Mr. Do Lenh Hung Tu presented a sad reality, where many groups of students propose TV series script outlines, are accepted, receive advance payments, and are required to complete the script within 3 months. However, due to the short time, when they request an extension, they are denied, asked to terminate the contract and sign a commitment not to sue. But shortly afterward, they discover that their script has been turned into a film, with only changes to the setting and characters. He emphasized that in the creative field of cinema, copyright infringement occurs every day, every hour. People working in this industry don't know whom to seek for help.

Representatives from the Phan Law Vietnam also pointed out that in reality, very few authors or rights holders proactively carry out registration procedures at the competent authority to establish their rights. Moreover, some rights holders do not register at the time of creation until they discover their work has been violated. At that point, registering the copyright is almost worthless as evidence. Additionally, there are cases of confusion regarding the value of the copyright registration certificate as proof of the author's rights, leading to conflicts and confusion not only in automatically generated copyright but also in proving the rights holder.

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Cannot be negligent

Vietnam currently has the Intellectual Property Law, the Cinematography Law, the criminal law, and many other documents under the law. From 2004 to June 2023, Vietnam has participated in 8 international conventions, treaties, and agreements on copyright and related rights.

Mrs. Sylvie Forbin, Deputy Director General for the Copyright and Creative Industries Sector under the World Intellectual Property Organization (WIPO), hopes that in the future, Vietnam will join the WIPO Beijing Treaty on Audiovisual Performances so that authors, performers, and other related parties can be protected not only in Vietnam but also globally. However, the issue of copyright infringement must be addressed at its root to be effective.

Dr. Ngo Phuong Lan, Chairwoman of the Vietnam Cinema Promotion Association, admitted that Vietnamese cinema originated as revolutionary cinema, protected and subsidized by the state, resulting in almost no awareness and tradition of copyright protection. It is only when there is a film market and film industry that attention is drawn to this issue.

Therefore, in her proposal, Mrs. Ngo Phuong Lan emphasized that filmmakers themselves must thoroughly understand relevant legal documents to avoid losses. They shall not wait until their works are violated and suffer losses to speak up. Instead, they should seek consulting organizations, conduct research, and have representatives to protect their copyright rights from the beginning. According to Mrs. Ngo Phuong Lan, raising this awareness requires synchronized efforts from all levels of management and society, as it affects the national film industry as a whole. She cited that many major film studios worldwide hesitate to establish representative offices or invest in Vietnam due to copyright issues.

A solution proposed by both Ms. Ngo Phuong Lan and Phan Law Vietnam is to have pilot cases with a deterrent effect. Phan Law Vietnam believes that the rights holders initiating legal action against the infringing party is not only a measure to handle and prevent the actions of the infringer but also a warning message to other potential violators that they are ready to enforce their rights to end any violation. In addition, another fundamental objective when filing a lawsuit is to request the court to require the infringing party to fairly compensate for the infringement. Therefore, addressing obstacles and difficulties in filing lawsuits in court also needs solutions so that rights holders can effectively exercise their rights.