The copyright fee for 2 Blackpink show nights is 10.7 billion VND.

10.7 billion VND in copyright fees for 2 shows

According to information sent to the press on the afternoon of July 27, the Vietnam Center for Music Copyright Protection (VCPMC) said that the Korean Music Copyright Association (KOMCA) sent a letter to VCPMC.

Accordingly, this unit requested coordination regarding copyright infringement of musical works belonging to KOMCA members in the performance program of the music group Blackpink in Vietnam.

When there was information that the group Blackpink would have a tour in Hanoi at the end of July, VCPMC contacted IME Vietnam company to request permission and pay royalties before the show took place according to the provisions of copyright law.

However, as of July 19, IME Vietnam has not yet exercised copyright. At the meeting between VCPMC and IME Vietnam on July 21, VCPMC proposed two options for calculating copyright prices.

According to Dan Tri reporter's source, after the meeting, IME Vietnam company agreed to choose option 2: 5% x total revenue of 20,000 tickets.

Thus, IME Vietnam company must pay 5 billion 350 million VND for one show and 10 billion 700 million VND for 2 shows of Blackpink in Hanoi.

Blackpink is scheduled to perform two nights in Hanoi on July 29 and 30 (Photo: Getty).

However, as of July 27, IME Vietnam Company has not yet fulfilled its copyright obligations according to the working process that the two parties have discussed. Therefore, VCPMC has sent a document to the Hanoi People's Committee and the Hanoi Department of Culture and Sports requesting to revoke the performance license of the Blackpink band.

Is it correct for VCPMC to ask the Blackpink concert organizer to pay copyright fees?

Lawyer Thai Phuong Que, Deputy Head of Dong Doi Law Office, Hanoi Bar Association, said that performances performed by foreigners in Vietnam are subject to protection under Vietnam's Intellectual Property Law.

Therefore, the organization of Blackpink's show must comply with the provisions of the current Vietnamese Intellectual Property Law.

However, the performance is only protected provided that it does not prejudice the copyright. Accordingly, performing the work directly in public is a property right of the copyright owner.

Organizations and individuals, when exploiting and using the right to perform works in public, must obtain permission from the copyright owner and pay royalties and other material benefits (if any) to the copyright owner as prescribed in Clause 2, Article 20 of the 2005 Law on Intellectual Property, amended and supplemented in 2022.

"Therefore, organizing a performance by the group Blackpink without permission and paying royalties to the copyright owner is a copyright infringement," Ms. Que emphasized.

The double-decker bus project covered with Blackpink images was carried out by the Vietnamese fan community (Photo: Toan Vu).

According to the lawyer, in the case that IME Vietnam Company has not paid royalties, has been requested to revoke its license but continues to organize, there are signs of violating Vietnamese laws on intellectual property.

Lawyer Que added that VCPMC, as the copyright manager, has the right to set copyright prices for each type of show based on the application of current legal regulations.

In addition, the collection of royalties is based on the principle of voluntariness and agreement between the parties. On the contrary, if the fee proposed by VCPMC is too high and unreasonable, the performance organizers have the right to give opinions and suggestions so that the two parties can adjust the price accordingly.

The lawyer recommended that, in order to avoid causing confusion to the audience due to rumors surrounding the show, VCPMC and IME Vietnam Company need to promptly meet and come up with a solution that is mutually satisfactory, ensuring the organization of the program and compliance with Vietnamese law.

My Dinh Stadium - where Blackpink's two shows took place (Photo: Manh Quan).

Businesses "cry out" over VCPMC 's way of collecting royalties

Recently, 7 music program production units sent a petition to the Ministry of Home Affairs and the Ministry of Culture, Sports and Tourism regarding VCPMC's copyright fee calculation. The producers said that VCPMC's current payment method is unreasonable and needs to be re-regulated.

Sharing with Dan Tri reporter, singer Ngoc Cham, Production Director of the Golden Age program series, disagrees with VCPMC's high and inconsistent way of calculating copyright fees.

"For each performance, VCPMC has a different calculation method. Currently, an art program's interest rate will be from 20-25%, while the copyright fee already accounts for 10%, not to mention the fact that the show will lose money.

VCPMC's actions have caused heavy losses to event organizers, making them afraid to do anything," said Ms. Cham.

According to Ms. Cham, the current working method of VCPMC is still collecting royalties for using musical works based on the principle of voluntariness, based on an agreement between the two parties.

Ms. Cham added: "Even if a production unit is closer to VCPMC, they will pay less royalties, so producers do not know which way to go."

Especially the "secret agreement" has made many businesses see VCPMC as unprofessional at all," Ms. Ngoc Cham frankly said.

Businesses also "cried out" because of VCPMC's way of collecting copyright fees (Illustration: Toan Vu).

The director of an event company in Ho Chi Minh City, who has experience organizing music nights with international artists (name withheld) - expressed his opinion that, legally, VCPMC does not have the right to request the revocation of the license for the Blackpink music night.

They have a right to talk about paying royalties, but the way they are calling for the license to be revoked is wrong. The VCPMC formula is also not the same anywhere else in the world.

The expert said that in each country, music copyright protection units will have different ways of calculating copyright fees. According to him, for a large music festival similar to Blackpink's concert in the Philippines, the copyright fee collected will be 2%, not 5% like VCPMC.

"Many places in the world apply the method of collecting royalties after the show takes place. For example, in the UK, performance royalties are often collected after the show and not necessarily paid before the concert takes place.

The organizer will wait until the event is finished before sending the performance list to the copyright association. Because artists do not always sing exactly according to the fixed song list," this person added.

Source link: https://dantri.com.vn/van-hoa/tien-tac-quyen-cho-2-dem-dien-show-blackpink-la-107-ty-dong-20230728152519713.htm