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Copyright on traditional artwork still a problem in Viet Nam

DA NANG Today
Published: August 10, 2015

Copyright remains a disputable problem in Viet Nam, especially in terms of traditional artwork that has long been used for free without any concern.

Vietnamese singer Duc Tuan is seen performing onstage. Tuoi Tre
Vietnamese singer Duc Tuan is seen performing onstage. Tuoi Tre

The issue was raised at a conference on copyright jointly held in Ho Chi Minh City on August 5 by the World Intellectual Property Organization (WIPO), the Copyright Office of Viet Nam, and Japan’s Agency for Cultural Affairs.

Experts and representatives attending the conference questioned whether traditional artworks need copyright or not; and if yes, what would be the best payment method as those have been used for free for years.

This issue has also been debated in other countries in the world. Prof. Lim Heng Gee from Teknologi MARA University in Kuala Lumpur, Malaysia, said that the WIPO has spent 12 years discussing the problem but it has yet to come up with a solution.

On the other hand, the Asia-Pacific region’s idea of having a copyright on traditional artwork has faced fierce opposition from European countries, whose point of view is why something that has been used widely and free of charge for a long time now becomes the property of a certain tribe, an ethnic minority or a particular group of owners.

Scot Morris, director of international relations at the Australian Prudential Regulation Authority and also chairman of the Asia Pacific Committee of the International Confederation of Authors and Composers Societies, said there have been various lawsuits when it comes to this issue in Australia, which he considered “interesting.”

One of the typical examples is visual arts, in which the author who uses the traditional texture of a certain aboriginal culture must give a part of the revenue back to that tribe, based on Australian law.

Another problem raised at the conference was that whether the Viet Nam Center for Protection of Music Copyright (VCPMC) is considered a “monopoly” in the country.

Unlike in the U.S. where there are many organizations to protect music copyright, both Viet Nam and Australia have only one body in charge of this task.

“It’s good enough to have just one organization as it creates the largest, fullest artwork data for most people. In Australia, our unique body works effectively. So I think Viet Nam only needs one VCPMC,” Morris asserted, adding that having many organizations might lead to confusion.

(Source: Tuoi Tre News)

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