The Ho Chi Minh City People's Court has received the full appeal from Zack Hemsey, a 43-year-old American musician. The plaintiff asserts that the first-instance court did not comprehensively evaluate all relevant documents and evidence, leading to a ruling inconsistent with legal regulations and detrimental to his rights.

In 2011, Hemsey released his album, "The Way," featuring 10 works and sound recordings, including the titular track, "The Way." According to Hemsey, the album was registered for copyright and related rights protection in the United States and other countries. He is both the author and the legal owner of the album's sound recordings.

In 10/2017, Hemsey discovered that Noo Phuoc Thinh (Nguyen Phuoc Thinh) uploaded a music video (MV) titled "Cham Khe Tim Anh Mot Chut Thoi" to Youtube. A scene in the MV, depicting a car accident, featured an edited portion of "The Way" as background music. This work is protected under Hemsey's copyright and related rights.

A scene from the MV "Cham Khe Tim Anh Mot Chut Thoi" starring Noo Phuoc Thinh.

Hemsey stated that the use of his work was entirely unauthorized. He argues it negatively impacted the work's integrity and his exclusive right to commercial exploitation. He views this act as intellectual property infringement.

Consequently, Hemsey filed a lawsuit, demanding that Noo Phuoc Thinh cease the infringing activity, remove the MV from all hosting platforms and social media, pay 850 million dong in material damages, and issue a public apology in the press.

The plaintiff asserted sufficient grounds to identify the singer as the owner of the copyright and related rights for the MV "Cham Khe Tim Anh Mot Chut Thoi," and thus the direct perpetrator of the infringement. The plaintiff cited the singer's numerous media statements about his investment in the production and his acting efforts. Additionally, the MV's description on YouTube included the line: "Copyright belongs to Nguyen Phuoc Thinh."

Noo Phuoc Thinh stated that in 7/2017, Le Tuan Khanh, the owner of the MV "Cham Khe Tim Anh Mot Chut Thoi," invited him to participate in the project as an actor and lead singer. Khanh reportedly guaranteed all copyright issues. The singer maintained he is not the MV's owner and completed his obligations, receiving full remuneration. The video has since been removed from YouTube due to its use of "The Way" sound recording. Therefore, the singer requested the court reconsider his defendant status, asserting no involvement in the use of Hemsey's recording.

Le Tuan Khanh admitted to owning the MV and the Noo Phuoc Thinh YouTube channel, and to being responsible for its production and exploitation. He stated that Dinh Ha Uyen Thu was tasked with ensuring copyright compliance. Citing the Law on Intellectual Property, Khanh argued that "The Way" sound recording falls under related rights, meaning its use would only incur an obligation to pay remuneration, not constitute infringement. Therefore, he rejected all claims in the lawsuit.

Last month, after reviewing the case files and conducting a trial, the Ho Chi Minh City People's Court ruled against accepting all of Zack Hemsey's claims. The court, based on contracts between Le Tuan Khanh and Noo Phuoc Thinh, and with Tinh Te Music Company Limited, determined Khanh to be the producer and owner of the MV "Cham Khe Tim Anh Mot Chut Thoi" and the Noo Phuoc Thinh YouTube channel. Khanh was deemed responsible for all uploaded content. The plaintiff failed to provide evidence proving Noo Phuoc Thinh was the owner or user of "The Way" sound recording. Consequently, the court concluded that the singer did not infringe upon copyright or related rights, dismissing demands for compensation and a public apology.

The first-instance judgment also stated that if Hemsey believes Khanh infringed upon his rights, he could file a separate civil lawsuit, provided he has sufficient evidence and the statute of limitations has not expired.

Hai Duyen