Anti-film copyright infringement in Vietnam - laws exist but not enough of a deterrent

The fact that the movie 'Co Ba Sai Gon' was secretly filmed once again raises concerns about a problem that has been lingering for many years in the Vietnamese market.

On November 15, Ngo Thanh Van and a representative of the distributor of the film Co Ba Sai Gon went to the Ba Ria - Vung Tau provincial police office to work on the matter of the work being spread. The actress was upset because on November 13, a young man secretly filmed in the theater and livestreamed the film on Facebook a few minutes before the video was deleted at the request of the producer.

This is not the first time a film in Vietnam has been illegally distributed. In 2013, a rough cut of Dust of Cho Lon Market was circulated online after the film was banned. In 2015, the film Superman X by director Nguyen Quang Dung appeared on an online movie viewing website just after its first day of release. In the same year, I See Yellow Flowers on the Green Grass and You Are My Grandmother were also filmed and posted on movie viewing websites.

The livestream feature on Facebook - widely available in the country since this year - makes it easier to distribute films. Images are posted immediately on social networks, attracting thousands of followers in just a few minutes. This year, actor Kieu Minh Tuan and artist Hong Van were both upset when Em chua 18 and Xom tro 3D were secretly filmed.

In March, Kong: Skull Island - a blockbuster with 70% of its setting in Vietnam - was also streamed by many people just a few days after its release in Vietnam. Representatives of the Motion Picture Association of America (MPAA) then sent a petition to the Ministry of Information and Communications to deal with the distribution of pirated films in Vietnam.

According to a copyright conference this year, 30-40% of films in Vietnam are illegally distributed. Ngo Thanh Van affirmed that this behavior causes great damage to film revenue, killing the development of Vietnamese cinema. In addition, director Victor Vu expressed: "Audiences who watch copied films with bad images will not experience the true quality of the film. Thus, our products are significantly devalued in their eyes."

Ngo Thanh Van works with the police.

According to the Facebook accounts of those who uploaded the film, the motives for spreading it were quite diverse: to let many people watch it, to record interesting moments, or to seek virtual fame online, as in the case of the person who secretly filmed Co Ba Sai Gon. At the meeting with the police, this young man said he secretly filmed it to get likes and comments online, not knowing that what he was doing was wrong.

On some movie sites, many people justify the act of secretly filming as just "for fun", showing it to people who cannot afford to go to the cinema, or claiming that it does not cause much damage. The distributor's fanpage as well as some famous people have repeatedly spoken out against this behavior, but it seems that a part of the public has not changed their perception, is not aware of the wrongdoing in the act of infringing intellectual property.

When the effectiveness of education is unclear, the question is what the legal system will do to prevent this.According to some publishers, over the past few years, domestic sanctions have only stopped at the level of warning and deterrence.

The young man who spread "Miss Saigon" was summoned by the police.

In Vietnam, lawyer Pham Thanh Binh said, according to Article 27 of Decree 131/2013, administrative penalties range from 15 to 35 million VND for copying audio or video recordings without the owner's permission, and forcing the removal of copies of audio or video recordings in electronic form, on the internet and digital environment, or forcing the destruction of infringing evidence.

In addition to administrative penalties, those who copy works, audio recordings, and video recordings may be prosecuted under Article 170a (Crime of Infringement of Copyright and Related Rights) of the 2009 Revised Penal Code, and may be fined from VND50 million to VND500 million or subject to non-custodial reform for up to two years. According to Article 225 of the 2015 Penal Code, copyright infringement can be fined up to VND1 billion if the act is organized.

"Superman X" was leaked.

There have been many cases of film piracy being severely punished overseas. According to the Washington Times, in 2016, William Kyle Morarity had to pay $1.2 million to Fox after posting two films, The Revenant and The Peanuts Movie, online. In 2014, a British man named Philip Danks was sentenced to 33 months in prison for filming Fast & Furious 6 in a theater.

Regarding her film, Ngo Thanh Van shared: "At first, I also intended to ignore this spontaneous action. However, considering that the subject was not aware of the behavior, I decided to ask the authorities, police and schools to participate in the case. I will be strict with the copyright infringements that have occurred and are occurring." Currently, Ba Ria - Vung Tau police said they will continue to work with relevant parties to handle the violation of the Intellectual Property Law by the person distributing the film.

Overall, many people hope that the case of the movie Co Ba Sai Gon will mark a new change in the fight against copyright infringement, as public awareness is somewhat raised, and at the same time, the form of punishment for those who secretly film movies becomes more deterrent.

According to VNE