On 26/6, the Hanoi People's Court ruled in favor of musician Giang Son in her copyright dispute against Bihaco Media Trading and Services Joint Stock Company (BH Media).
The issue began in 2021 when Giang Son uploaded her song "Giac Mo Trua", performed by singer Khanh Linh, to her personal YouTube channel. She unexpectedly received a copyright infringement notification from the Content ID system, related to the very recording that BH Media had claimed rights to. Believing her rights were violated, the musician decided to file a lawsuit, repeatedly refusing settlement offers. Following the court's conclusion, she shared her five-year journey of persistent effort to reclaim ownership of her intellectual property.
"What emotions did you experience while pursuing the lawsuit?"
"For five years, there were times I felt exhausted, but I never considered stopping," Giang Son stated. "Musician Nguyen Vinh Tien, my co-author who wrote the lyrics for 'Giac Mo Trua', consistently encouraged me. He promised to stand by me until the end, even if the defendant appealed for a second trial. His presence made me feel secure, less lonely, and less confused."
She pursued the lawsuit not only to reclaim legal rights to her work but also to protect her honor as a creator. When the dispute erupted, BH Media held a press conference, claiming she was wrong and did not understand the law. For her, this action severely damaged her reputation and name.
"I was fortunate to have the Vietnam Center for Protection of Music Copyright (VCPMC) accompany and support me with all legal aspects, from hiring lawyers to covering costs," she explained. "However, the price was not just effort but also time. Throughout those years, I constantly dealt with procedures and worked with various parties. That was time I could have dedicated to music or to resting and recharging."
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Musician Giang Son. Photo: Provided by character |
"Why did you withdraw your request for 1 billion VND in damages for honor and reputation?"
"I decided to withdraw it to expedite the resolution of the matter," Giang Son clarified. "After discussing with my lawyer, I realized the actual compensation might not be substantial, while proving the damages would require significant time and effort. For example, the court would demand specific data on losses, such as how much my channel was harmed or how BH Media profited. These figures are very difficult to access, unless the case was handled as a criminal matter."
"Emotionally, despite enduring much pressure and stress, I was not at the point of needing treatment or a medical diagnosis," she added. "Therefore, I also did not wish to prove those losses. If I had continued to pursue the compensation claim, I believe it might have taken another 10 or 15 years. What I need now is a clear resolution, not just for myself but also for the audience to understand the true nature of the issue."
"Based on your personal experience, what do you believe are the current gaps in Vietnam's music copyright protection system, especially in the digital environment?"
"In my opinion, current legal regulations are not lacking; in fact, they are quite clear," Giang Son observed. "The problem lies with users' and content exploiters' awareness of compliance. In my case, Ho Guom Media sold a CD featuring artist Duong Thuy Anh performing 'Giac Mo Trua' to BH Media without any permission from the artist or author. Then, when I uploaded a video of this song performed by singer Khanh Linh, the video was flagged for copyright. That was a serious infringement of both author's rights and related rights. I believe this partly stems from a lack of understanding, but it could also be intentional violation."
"As for BH Media, it is a professional entity operating on digital platforms, managing many channels for major artists and partnering with YouTube, so it is difficult to claim they are unaware of legal regulations," she stated.
"Additionally, I noticed that YouTube's Content ID system also has shortcomings," Giang Son continued. "This algorithm prioritizes granting rights to the party that uploads content first, leading to cases where the actual author, because they uploaded later, is flagged for copyright infringement of their own work. I believe that before establishing rights via Content ID, YouTube needs a mechanism for confirmation or consent from the author, instead of relying entirely on the upload order as it currently does."
"After this incident, how have you changed your management, registration, or exploitation of your works to better protect your rights?"
"I already had a foundational understanding of copyright," Giang Son responded. "However, after the incident, I proactively delved deeper into regulations related to uploading and exploiting content on YouTube."
"Currently, all my works are protected by the Vietnam Center for Protection of Music Copyright," she explained. "For products I compose and produce myself, I hold all author's rights and related rights. In cases where I only participate as a composer, the related rights belong to the singer, producer, or partners according to agreements."
"Through this experience, I realized that artists are often hesitant to litigate due to the time, effort, and financial costs involved," Giang Son reflected. "But once one decides to seek legal recourse, it is crucial to have a competent lawyer to protect oneself. Before filing the lawsuit, I also thoroughly consulted experts and considered the likelihood of winning, as each case has different characteristics and complexities."
"I hope the outcome I achieved contributes to raising awareness among digital music exploitation entities," she said. "They need to review content they do not own, if they wish to avoid similar disputes. Because when a lawsuit occurs, neither side truly wins in terms of time and energy. The most important thing remains respect for the law and the intellectual property of creators."
Giang Son's full name is Ta Thi Giang Son, born in 1975. She is the youngest daughter of musician Hoang Kieu and cheo artist Bich Ngoc. Exposed to art from a young age, Giang Son quickly showed talent in singing and composing. In 1998, she and singer Lan Huong formed the band Exotica, winning the Excellent Young Author award at the National Student Band Festival in 1999. In late 1999, Giang Son and Lan Huong formed the group Du Ca, which included three other members: Bao Lan, Thuy Linh, and Hong Ngoc. The group later changed its name to 5 Dong Ke. In 2003, 5 Dong Ke released the album *Em*, with most of the compositions by Giang Son.
In 2005, Giang Son released *Co va Mua - 30 Tinh Khuc Giang Son*. She also left the group to continue her teaching career. In the same year, Giang Son gained wider recognition after receiving the Impressive Musician award at Bai Hat Viet. In 2015, she collaborated with Tung Duong and Ha Tran, releasing the album *Bong Toi Jazz*. In 2023, the musician released her third album, *Sing My Sol*.
"Giac Mo Trua" is one of Giang Son's prominent songs, released in 2005, and gained fame through the Bai Hat Viet program. Giang Son previously stated that she earned hundreds of millions of VND in royalties from the song over 20 years.
Regarding BH Media, in May, the Ministry of Public Security arrested several defendants for music copyright infringement, including singer Quang Lap and Nguyen Hai Binh, General Director of BH Media Company and Vice Chairman of the Vietnam Association for Creative and Copyright Authors.
Ha Thu
