The lawsuit against Ly Hai’s mother does not have to pay 825 million VND

On the afternoon of April 25 at the People’s Court of Ho Chi Minh City, the trial panel (Trial Council) gave its opinion on the song copyright dispute. Mother’s Burden between Ly Hai, musician Quach Beem and poet Truong Minh Nhat. Composer Quach Beem (real name Doan Dong Duc) continues to be absent.

According to the jury, Quach Beem wrote in the copyright registration declaration to start composing music and lyrics Mother’s Burden October 2013 but could not prove. According to the diploma, Mr. Nhat published the poem Mother’s Burden on the group “Poetry and Literature” since 2014.

The judging panel concludes the lyrics part Mother’s Burden by Quach Beem is like a poem Mother’s Burden Mr. Nhat’s words about words, how to break sentences, there are 6 small differences that do not affect the overall. Ly Hai’s side said that the date of posting on Facebook could be changed but could not prove it.

Therefore, there is a basis to identify Mr. Nhat as the author and owner of the poem Mother’s Burden At the same time, the author and owner of the lyrics Mother’s Burden. Nhat’s works are subject to copyright protection under the Intellectual Property Law. Quach Beem is the author, the owner of the music the song Mother’s Burden.

Poet Truong Minh Nhat (center).

Regarding Mr. Nhat’s requests for Quach Beem, the jury partially accepted

For the claim of 500 million VND for material damage, the jury found that Mr. Nhat could not provide documents and evidence to prove the damage. The investigation agency collected documents and evidence with no results.

Therefore, based on the existing document, which is the contract to sell the copyright of Quach Beem and Ly Hai, worth 15 million VND, the jury found that the lyrics contribute 1/2 of the song’s value, so Mr. Nhat will receive half. contract value is 7.5 million VND.

For the claim for mental loss, Mr. Nhat demanded the highest compensation of 50 million VND but could not prove the damage suffered. The jury found that in the course of the dispute, Mr. Nhat suffered from mixed public opinion and was insulted to his honor, dignity and reputation.

Therefore, there is a basis to believe that Quach Beem’s behavior caused Mr. Nhat to suffer a mental loss, so he must compensate the poet 10 times the current basic salary of 14.9 million VND.

For the request for payment of legal fees of VND 100 million, the Trial Panel found this to be a reasonable request and a reasonable amount of remuneration should be accepted.

Therefore, musician Quach Beem has to compensate poet Truong Minh Nhat for material damage of 7.5 million VND, mental loss of 14.9 million VND and the cost of hiring a lawyer is 100 million VND.

Regarding Mr. Nhat’s requests to Ly Hai’s side, the jury partially accepted

Because Mr. Nhat is the author and owner of the poem and the lyrics Mother’s Burden but Ly Hai exploited, used for movies Flip 4: House With Guests Should request to edit, add Mr. Nhat’s name to the film information, all articles about the film are accepted.

Do not accept Ly Hai’s request to apologize, publicize on the media and compensate Mr. Nhat for 825 million VND. The jury found that the statements of the parties were appropriate about the exploitation and use of the song by Ly Hai Production Mother’s Burden.

The person who defends the legitimate rights and interests of the plaintiff at the Court.

At the time when Ly Hai and Quach Beem signed the contract, there was no copyright dispute; the musician has a copyright certificate for the song; then Ly Hai Production exploits and uses without infringing upon Mr. Nhat’s intellectual property rights.

Do not accept Ly Hai’s request to pay royalties to Mr. Nhat from the time of lawsuit. Because Quach Beem has sold the song rights to Ly Hai, this company has the full right to decide to exploit and use the work, there is no basis for Mr. Nhat’s request from Ly Hai’s side to continue to cooperate with him.

From the foregoing, the jury issued the first-instance judgment: suspending Ly Hai’s request to stop exploiting and using the song. Mother’s Burden on all grounds until the judgment comes into force; partially accept Mr. Nhat’s request to Ly Hai’s side, forcing the company to add Mr. Nhat’s name in the film information; did not accept the request of Ly Hai Production to perform the obligation to pay fees, compensate for damage, publicly correct and apologize to Mr. Nhat.

Partially accepted Mr. Nhat’s lawsuit claim against Quach Beem, forced to temporarily stop exploiting the lyrics Mother’s Burden on any platform; forced to guarantee Mr. Nhat’s moral rights to the lyrics Mother’s Burden; force to correct false information when registering copyright; compensating for material damage, mental loss and paying the cost of hiring a lawyer for Mr. Nhat.

After the trial, Mr. Truong Minh Nhat told VietNamNet: “I am completely satisfied with the Court’s decision. It took me 4 years, I suffered enough suspicions and insults from others just to put my name on the information about the author of Ganh Me. I don’t need the money, I just want it. regain my honor and protect my sacred feelings when I compose poems”.

According to VietNamNet