Court rules musician Quach Beem lost lawsuit
On the afternoon of June 27, the High People's Court in Ho Chi Minh City upheld the original verdict, recognizing Mr. Truong Minh Nhat as the author of the poem "Ganh me" and also the owner of the lyrics of the song "Ganh me". As for the other parts of the song, there was no dispute, so the panel of judges did not consider it.
At the appeal hearing, Mr. Nhat withdrew his appeal requesting musician Quach Beem to compensate him more than 500 million VND, which is in accordance with legal regulations.
Author Truong Minh Nhat
The verdict determined that Mr. Nhat composed the poem "Carrying Mother" in 2014 while taking care of his seriously ill mother in the hospital. On June 13, 2014, he posted the entire poem on Facebook "Tho Van". At the end of July 2014, he reposted the poem on his personal Facebook page, all of which were recorded.
Sharing after the lawsuit, author Truong Minh Nhat expressed: "Finally, the days of heartache, anxiety, anger... and being wrongly accused while pursuing this case have ended.
I was so happy, I couldn't hold back my tears. After nearly 5 years, since discovering that my poem "Carrying Mother" was used by singer-songwriter Quach Beem for the song of the same name without permission... finally "Carrying Mother" has returned to my "Carrying Father" - Truong Minh Nhat".
Mr. Truong Minh Nhat also hopes that this will be a lesson for young musicians in the illegal use of copyright.
Finally, Mr. Nhat affirmed: "All exploitation and use of the copyright of "Ganh me" must go through me. We will check all publications using the name "Ganh me", reminding units to voluntarily have time to edit".
Overview of the nearly 5-year-long dispute
In 2019, Mr. Nhat discovered that singer Ly Hai's company used the song "Carrying Mother - music by Quach Beem" with lyrics taken from his poem of the same name in the movie "Flip Side 4: Nha Co Khach".
He contacted Mr. Doan Dong Duc (musician Quach Beem) and singer Ly Hai to resolve the incident, asking both of them to publicly apologize, and at the same time correct all publications containing the song "Ganh me nhac Quach Beem", the poem Truong Minh Nhat and stop using the poem.
However, Ly Hai's company and musician Quach Beem said that using this song is legal and did not agree with the request.
The Court of Appeal ruled that musician Quach Beem could not provide evidence to prove that he was the author of the poem "Carrying Mother", so the appeal was rejected.
In November 2019, Mr. Nhat authorized Phan Law Vietnam to sue musician Quach Beem at the Ho Chi Minh City People's Court for illegally using his poem "Carrying Mother" to set to music.
Mr. Nhat filed a lawsuit demanding that Ly Hai's company declare itself as the author of the poem in the film and all related articles, posts, and other published information; at the same time, requesting compensation of 825 million VND and a public apology and correction.
Regarding musician Quach Beem, Mr. Nhat requested to temporarily stop exploiting the poem "Carrying Mother" on all media and platforms and compensate for damages of more than 500 million VND.
Mr. Nhat also wrote a petition to the Copyright Office requesting to cancel the validity of the Copyright Registration Certificate for the song "Carrying Mother" that the Office had granted to musician Quach Beem.
In April 2022, the Ho Chi Minh City People's Court held a first-instance trial and declared Mr. Truong Minh Nhat the author of the poem "Carrying Mother" and the owner of the lyrics of the song of the same name.
The court ordered singer Ly Hai's company to guarantee Mr. Nhat's personal rights to the poem "Ganh me" - naming Mr. Nhat in the author section of the poem used in the movie "Lat mat 4 - Nha co khach" and all related articles and information pages.
Regarding the request to force musician Quach Bem to compensate more than 500 million VND and Ly Hai's company to compensate 825 million VND, the panel of judges said that Mr. Nhat could not prove the actual damage that had occurred.
Disagreeing with this verdict, musician Quach Been appealed, asking the court to reject all of the plaintiff's claims. Mr. Nhat also appealed, asking the male musician to pay more than 500 million VND in compensation.
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