The Hanoi People's Court announced its preliminary verdict on 26/6 in the commercial dispute over audio and video recording ownership. The case involved plaintiffs musician Giang Son and musician Nguyen Vinh Tien against Bihaco Commercial and Media Services Joint Stock Company (BH Media).

Based on evidence and testimonies, the court affirmed that Giang Son and Nguyen Vinh Tien are co-authors and co-owners of the copyright for the song "Giac Mo Trua". Giang Son composed the music, and Nguyen Vinh Tien wrote the lyrics. The work has been protected since its creation and first publication in 2005.

The court also recognized Giang Son as the sole owner of the original recording performed by singer Khanh Linh. This determination stemmed from Giang Son's direct investment of all funds, including hiring a studio, an arranger, and the singer, to produce the complete audio product. As the owner, Giang Son holds full rights to distribute, publish, and manage the use of this recording across all technical means, including online platforms like YouTube.

Musician Giang Son and musician Nguyen Vinh Tien after the trial. *Photo: Thanh Lam*

The court found that BH Media, despite arguing it managed a recording by artist Duong Thuy Anh through a contract with Ho Guom Audio, used the arrangement and orchestration from Giang Son's original without permission. BH Media then arbitrarily claimed ownership of the work's copyright on YouTube's Content ID system. This action infringed upon the plaintiffs' right to distribute the work and their legitimate economic interests.

The court further elaborated that BH Media's input of this data into YouTube's automatic identification system directly caused copyright conflicts on Giang Son's official YouTube channel, diverting all advertising revenue to the defendant. The court highlighted that BH Media, as a professional media company and a YouTube partner, failed to conduct necessary scrutiny regarding the legality of the arrangement's origin before confirming ownership in the digital environment.

Initially, Giang Son sought one billion dong in compensation for damage to her honor and reputation. However, during the trial, in a constructive spirit and desiring a prompt resolution, the plaintiffs voluntarily withdrew part of this compensation claim. Conversely, BH Media had filed a strong counterclaim, demanding Giang Son publicly apologize for allegedly "slandering" the company as "thieves" or "fraudsters" on social media, and sought 143 million dong in compensation. BH Media later withdrew its entire counterclaim in the final stage of the case.

Acknowledging the parties' voluntary actions, the court ruled that BH Media must immediately cease all infringing acts. It ordered the company to completely remove all false ownership claims and halt all related commercial exploitation until written consent is obtained from the co-authors. Furthermore, BH Media is compelled to issue a public apology to Giang Son and Nguyen Vinh Tien in three print newspapers in a single issue. Giang Son had initially requested apologies in six online newspapers and multiple print newspapers over consecutive issues, but the court deemed this request disproportionate to the nature of the case.

Upon receiving the preliminary ruling, Giang Son and co-author Nguyen Vinh Tien expressed joy. They stated that this was not merely a "victory" for them personally, but for genuine authors and artists in general.

Thanh Lam