Proposal to cancel BlackPink show due to 'copyright infringement' or not agreeing on copyright calculation?

The Vietnam Center for Music Copyright Protection (VCPMC) has sent a document to the authorities requesting the revocation of BlackPink's show license for 'serious copyright infringement', but what is the reality?

Korean girl group BlackPink - Photo: BlackPink

VCPMC sent information to the press stating that on the afternoon of July 27, the center sent a document to the Hanoi People's Committee and the Hanoi Department of Culture and Sports requesting to cancel the show of the music group BlackPink , scheduled to take place on July 29 and 30 at My Dinh National Stadium.

Show BlackPink: IME serious copyright infringement?

According to VCPMC, this center is the only partner in Vietnam of the Korea Music Copyright Association (KOMCA), authorized to collect royalties in Vietnam for musical works that KOMCA has the right to protect copyright.

Therefore, VCPMC contacted IME to request permission and pay royalties for the music works under KOMCA's copyright before the program took place.

Option 1: according to the rate table: 5% x 60% capacity (40,000 tickets) x average ticket price.

Option 2 : 5% x total revenue of 20,000 tickets.

These options have not been agreed upon by the BlackPink show organizers.

VCPMC said that on the morning of July 27, it received an email from a person introducing himself as the project manager of IME Music Company Limited.

The letter said IME Vietnam "agreed to pay the song copyright fees, in compliance with Vietnamese law".

However, up to this point, IME Vietnam "has not yet reached an agreement with the singer's management company about copyright because the songs in the program are copyrighted by YG Company".

IME Vietnam also shared that it can provide authorization/permission to use song copyright in Hanoi , "asking VCPMC to guide both parties to implement".

Thus, it can be seen that the BlackPink show organizers did not refuse to exercise copyright but only did not agree with the copyright calculation method proposed by VCPMC.

BlackPink's performance stage is being completed - Photo: NGUYEN KHANH

Vietnamese companies also "complain" about VCPMC's copyright calculation

Regarding the disagreement about royalties for ticketed music shows proposed by VCPMC, recently seven music program production units sent a petition to the Ministry of Home Affairs and the Ministry of Culture, Sports and Tourism to request   VCPMC copyright fees.

According to the petition, in 2018, VCPMC issued a decision to promulgate a royalty rate table for the use of music copyright. Music production companies said that this decision provided an unreasonable calculation formula, which was not suitable for the country's economic development situation.

VCPMC issued the calculation form without widely consulting the affected entities.

The formula that VCPMC gives is: 5% x 70% number of seats x average ticket price.

This formula is almost equivalent to the copyright calculation formula in option 1 that VCPMC has given to IME Vietnam.

Talking to Tuoi Tre Online about the disagreement between the copyright collector and the user of the musical work, Ms. Nguyen Lan Phuong - a law expert from the Institute for Policy Research and Media Development - said that the collection of royalties for the use of musical works is based on the principle of voluntariness.

Because this is a civil matter, it is up to both parties. If no agreement is reached, then follow the Government's fee schedule.

However, the difficulty is that recently, on April 26, 2023, Decree 17/2023 took effect, regulating the fee schedule, but there is no fee schedule for live music shows held in theaters.

Tuoitre.vn

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