Filming Son Tinh - Thuy Tinh must pay exploitation fee?

Money for the adaptation of Son Tinh - Thuy Tinh

In 2017, director Victor Vu and producer Truong Ngoc Anh announced that they would work together on the film Son Tinh - Thuy Tinh .

Speaking at the Workshop on the revised Law on Cultural Heritage on November 13 in Hanoi, Associate Professor, Dr. Tran Van Hai, University of Social Sciences and Humanities, Vietnam National University, Hanoi, said that Son Tinh - Thuy Tinh is a legend belonging to the cultural heritage owned by the state. If director Victor Vu and producer Truong Ngoc Anh adapt this legend into a film, the producer is obliged to pay the fee for exploiting/using the cultural heritage.

Film adaptation of the legend of Son Tinh - Thuy Tinh is proposed to be charged

Associate Professor Dr. Tran Van Hai proposed that the Department of Cultural Heritage (Ministry of Culture, Sports and Tourism) be the agency representing the owner of cultural heritage owned by the state. The case of adapting the legend of Son Tinh - Thuy Tinh is considered by Mr. Hai as an example of exercising the right to profit from allowing others to make derivative works from cultural heritage.

That is the proposal of Associate Professor, Dr. Tran Van Hai, but there is no such provision in Vietnamese law. It makes the owner of a derivative work have the right to profit when the derivative work is used for commercial purposes; however, the community where the intangible cultural heritage is created, practiced and passed on does not.

Associate Professor Dr. Hai believes that this problem does not only occur in Vietnam, but also in the world . Aladdin and the Magic Lamp is one of the most unique stories in the Arabian Nights series of the Middle East. In other words, the community of residents in this region created, practiced and passed down Aladdin and the Magic Lamp .

In 2019, in the US, director Guy Ritchie announced the film Aladdin and the Magic Lamp as a derivative work from the story of the same name, with the main actors: Will Smith, Mena Massoud, Naomi Scott, Marwan Kenzari. In addition to many awards, the film earned a profit of 322.6 million USD as of last September. In fact, the Middle Eastern community that created, practiced and circulated Aladdin and the Magic Lamp did not benefit from the above film.

Add new concepts, new regulations

The opinion of Associate Professor, Dr. Tran Van Hai is one of the contributions to the draft revised Law on Cultural Heritage. Accordingly, he mentioned intellectual property rights for the exploitation and promotion of cultural heritage values. He also proposed the contents that need to be clarified and supplemented between the Intellectual Property Law and the draft revised Law on Cultural Heritage through the analysis of cultural heritage ownership rights. This may also pave the way for charging fees for making copies of national treasures...

According to Associate Professor, Dr. Le Thi Thu Hien, Director of the Department of Cultural Heritage, intellectual property is an issue that has been discussed a lot and added to the content of the draft revised Law on Cultural Heritage. She said that the draft raises many new issues. For example, this draft adds Chapter V on Protection and Promotion of Documentary Heritage Values. This is a type of heritage that was not specifically regulated in the old law.

In this draft, the regulations related to documentary heritage include 17 articles with the main contents being: classification of documentary heritage; inventory and registration of documentary heritage in the national and UNESCO lists; procedures, order, and authority to decide on removing recorded documentary heritage from the national list and UNESCO's list of documentary heritage...

Some concepts in the law are also added in this draft. For example, regulations on the annual inventory reporting regime for intangible cultural heritage; regulations on handling measures for cases where Vietnamese intangible cultural heritage, after being included in UNESCO's lists, does not properly implement the Heritage Protection Action Program committed to UNESCO.

Source link: https://thanhnien.vn/lam-phim-son-tinh-thuy-tinh-phai-dong-phi-khai-thac-18523111323383744.htm