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Trailer ‘Tí Tí’ – film adaptation of the comic ‘Vietnamese Genius’
Recently, the trailer and the children’s cast of Tinh Ti He debuted to the audience. However, below the posts about trailers on social media, there are opinions claiming rights for the author Le Linh of the original comic. Smart Vietnamese kids.
Some comments also question the filmmaker’s copyright infringement, and also question “steal?”
Ngo Thanh Van: ‘The complaint I stole is not correct’
On the night of December 22, producer Ngo Thanh Van (Studio68) defended the legality of the film.
He stated: “Please clarify, that is what I bought and paid for according to the Intellectual Property law, so it is not correct to accuse me of stealing. When I signed, I was completely ignorant of the lawsuit (between painter Le Linh and the company Phan Thi – PV) so it is my fault to know the information before buying. ”
Producer Ngo Thanh Van – Photo: DIAM MY
Reporting the incident, Ngo Thanh Van said that the project was conceptualized in 2016. At that time, he met the Phan Thi company, the comic book publisher, to discuss the copyright purchase.
The negotiation process lasted from 2016 to 2018, then an agreement was reached to allow Ngo Thanh Van to buy the copyright of 5 stories from Phan Thi to make the film. She thinks that this process “There is nothing wrong with the law, so the two parties signed a contract.” At the time, the producer did not know about the dispute between the Phan Thi company and the author Le Linh.
Form 4 main characters Ti, Ox, Tiger, Tips in the movie “Status Ti” – Photo: ĐPCC
In 2018, the lawsuit between the painter Le Linh and Phan Thi Company was brought to trial for the first time, causing a stir in public opinion. Ngo Thanh Van asked a lawyer to contact Phan Thi to clarify the matter, but Phan Thi’s side provided the relevant documents showing that the lawsuit did not have a final decision.
So the contract between the two parties was still in force and Ngo Thanh Van had to shoot the movie because everything was ready. The film took 3 years of production, including this year, for COVID-19.
‘The artist Le Linh rejected all rights’
In December 2019, the court ruled painter Le Linh won the case. When everything was clear, Ngo Thanh Van met the artist to talk and try. During the meeting, she shared difficulties on the part of the filmmaker. Studio68 said that after the exchange, the painter Le Linh still has the point of denying the rights granted by the producer.
Ngo Thanh Van said that during the lawsuit, the producer offered various rights to the painter Le Linh, but he refused.
Comic “The Vietnamese Genius” and the film adaptation, “Status Tí” – Photo: ĐPCC
In September 2019, the People’s Court of Ho Chi Minh City recognized Mr. Le Linh as the sole author of the 4-character image Ti, Suu, Dan, Tips in Intelligent children of Vietnamese. Mr. Le Linh is the author of the original form of expression, while Phan Thi Company is the owner of the work. You are allowed to use these 4 character images in production and business, but you must respect the moral rights of the author.
Online youth Contact Phan Thi Company to inquire about this matter, but Phan Thi is not answering the phone. We will continue to report on the case.
Movie State in theaters on February 12, 2021 (the first day of New Year’s Day).
The artist Le Linh in court in 2019 – Photo: TUYET MAI
Artist Le Linh: ‘I refuse because it no longer makes sense’
Responding to Tuoi Tre Online about producer Ngo Thanh Van’s statement, painter Le Linh confirmed that he denied all rights granted by the producer.
Le Linh said, “Ngo Thanh Van is right. When the trial was taking place, Ms. Van had someone come to speak, but I was busy fighting Phan Thi, so I didn’t have time to think about anything else. After the trial was over, I also refused because if I received benefits, it would be better for Phan Thi, but Phan Thi owed me too much.
Also, although my name is clearly written in the history and legal documents of Phan Thi, Ngo Thanh Van did not contact me until later. In my opinion it’s only procedural, it’s about public opinion … so working with Ngo Thanh Van doesn’t make any sense.
They all have finished movies too, I can’t have any ideas or deals based on the movie anymore. The contact no longer makes sense ”.
Regarding the fact that many viewers continue to support and claim their rights in the publications about the film, the painter Le Linh said: “I want to avoid messy things so as not to tire myself these days. I just want to make it clear once it’s movie State It has nothing to do with me. Choosing to see or not is from the public ”.
The special effects of the movie “State of You”, a work derived from the comic “God of the Vietnamese Earth” – Photo: ĐPCC
As the owner, Phan Thi has the right to make a derivative work.
Before Ngo Thanh Van spoke, Tuoi Tre Online spoke with lawyer Phan Vu Tuan, Vice President of the Ho Chi Minh City Intellectual Property Association. Before the question “The film producer State buy the copyright to adapt the comic Smart Vietnamese kids Is Phan Thi from the right company the law? “The lawyer replied:
According to the provisions of the law, copyright of works includes moral rights and property rights. The copyright owner has the right to make derivative works.
Clause 8, Article 4 of the Intellectual Property Law establishes that: Derivative work means a work translated from one language to another, a work adapted, modified, transformed, compiled, annotated, selected. Consequently, an adaptation is a form of derivative work and this is the right of the copyright owner.
Furthermore, the law also stipulates that copyright owners can be individuals or organizations, but not necessarily an author. For example, Disney that makes movies from Marvel comics must purchase the copyright from Marvel Comics because Marvel Comics owns these comics.
For contracts to purchase copyrighted adaptations between film producers State and Phan Thi Company, this is a separate contract between organizations. If the subject of the contract is an adaptation of comic works, it is necessary to determine whether the original comic works are the property of Phan Thi Company or not.
In case an original work is owned by the Phan Thi company, this company has the right to make a derivative work, that is, to convert it into a script and then transfer it in full. allow … other organizations and individuals to use this script.
However, the work of a derivative work must ensure that the copyright of the original work is not prejudged, that is, guarantee the author’s moral rights (the right to protect the integrity of the work, not others. Modify, truncate or misrepresent the work in any way that damages the honor and reputation of the author, in accordance with the provisions of Clause 4, Article 19 of the Intellectual Property Law).
Tuoi Tre Online contacted Phan Thi to ask him about this, but Phan Thi did not answer the phone. We will continue to report on the case.
