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The Ho Chi Minh City People’s Court is known to have sent a confirmation letter regarding the receipt of a lawsuit petition against Spotify AB Company and the documents related to the lawsuit from Vie Channel, the show’s producer. Rap Viet, who is that person?
Illegal clipping and uploading of articles on Spotify
According to the content of the lawsuit, on November 11, 2020, Vie Channel made the act by appearing on the Spotify application, many recordings of the show appeared. Vietnamese rap but the free and paid accounts of this application can be listened to. On August 13, 2020, Vie Channel issued a similar license for this Spotify AB violation with the show. Who is that? in the Spotify app.
19 repertoire of Vietnamese rap illegally used by Spotify AB |
At the time of detecting a Spotify AB violation, Vie Channel had no agreement with Spotify AB to license Spotify AB or other persons or organizations entitled to reproduce recordings of the show. Vietnamese rap and Who is that? on the Spotify app in Vietnam. However, Spotify AB has violated the right to protect the integrity of the work by using technical measures to interfere with the recordings of these two programs.
Specifically, with Vietnamese rap, Spotify AB has used technical interventions to intervene in the recordings to separate the music of these recordings into separate recordings of the contestant’s songs and infringe on property rights by playing them illegally on the Spotify App. Vie Channel found that Spotify AB hacked a total of 19 songs from the show. With Who is that?, Spotify AB has used technical measures to interfere with the recording and separate the audio from these recordings into separate recordings of each episode of the show and infringe the proprietary rights of unauthorized reproduction. this recording in the Spotify app. Vie Channel found that Spotify AB hacked a total of 19 broadcasts of the show.
Spotify AB cut the audio for the show’s episodes, including dialogue and music cut, to play them separately. |
After detecting this misconduct, Vie Channel has taken steps to appeal to Spotify AB in accordance with the instructions on the Spotify AB website. On September 9, 2020, Vie Channel sent a notice of infringement to Spotify AB by email and by post to Spotify AB’s headquarters in Sweden. On September 10, 2020, Spotify AB responded to Vie Channel’s infringement notice, but on the Spotify app, recordings of the two shows continued.
Claim more than 9.5 billion
With the above violations, in accordance with the provisions of article 589 of Civil Code No. 91/2015 / QH13, the details of the Vie Channel damage determination with 2 programs are clearly indicated by this unit in the application. Specifically:
With Vietnamese rap, Spotify AB violates the individual tracks of the program, plus other costs to create full recordings, costs to detect, lost direct benefits due to Spotify AB violations, the estimated damage is 2,280,000,000 VND.
Spotify AB cuts the audio of the episodes Vietnamese rap on individual song records to play in the Spotify app |
With Who is that?, Spotify AB violates the episodes of the show and violates the songs used in the show. Plus other costs to create full recordings, expenses to detect, collect evidence of violation, direct profits lost due to a violation of Spotify AB, estimated damage in total, the amount is 7,250,000,000 VND.
Therefore, Vie Channel applied to the Ho Chi Minh City People’s Court to oblige Spotify AB to compensate the damages outside the contract to the Vie Channel for a provisional amount of VND 9,530,000,000; stop copyright infringement on TV shows Vietnamese rap and Who is that? deleting all offensive files; publicly apologizes to Vie Channel in the form of a letter of apology for infringing on Vie Channel’s intellectual property rights.
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