Anti-piracy of films in Vietnam - laws exist but are not enough of a deterrent

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

On November 15, Ngo Thanh Van and representatives 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 version of Dust of Cho Lon Market circulated online after the film was banned. In 2015, the film Sieu Nhan X by director Nguyen Quang Dung appeared on an online movie viewing website just after its first day of release. In the same year, Toi Thay Hoa Vang Tren Co Xanh and Em La Ba Noi Cua Anh 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 spread movies. 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 movies 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 real 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 intellectual copyright infringement.

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 penalties 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 sanctions with fines ranging from 15 to 35 million VND are imposed for copying audio and video recordings without the owner's permission, and forcing the removal of copies of audio and video recordings in electronic form, on the internet and digital environment, or forcing the destruction of infringing exhibits.

In addition to administrative sanctions, those who copy works, audio 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 50 million to 500 million VND or receive non-custodial reform for up to two years. According to Article 225 of the 2015 Penal Code, copyright infringement can be fined up to one billion VND if the act is organized.

"Superman X" was once leaked.

There have been many cases of film distributors being severely punished abroad. According to the Washington Times, in 2016, William Kyle Morarity had to pay $1.2 million to Fox after uploading two films, The Revenant and The Peanuts Movie, online. In 2014, a young 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 impulsive 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 been and are taking place." 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