Ms. Phuong Hang sang music without asking for permission and was immediately called by Che Linh's name, saying a shocking sentence

Thảo MaiOct 05, 2024 at 14:33

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In the past few days, the news that CEO Nguyen Phuong Hang - CEO of Dai Nam Tourist Area has finished his prison sentence and returned to everyday life has "occupied" many forums.

In particular, the image of Ms. Nguyen Phuong Hang standing in front of thousands of people in the evening of September 29 singing the songs "T30 and me" and "An Phuoc Rain" by herself "fabricated the lyrics" on the background of the song "Sad part of the rainy night" by the author Tu Nhi (Tu Nhi is the stage name of the famous singer Che Linh). Clips recording this performance were then spread rapidly on social platforms. Even the next day, the karaoke beat of this song was also produced and released online for everyone to sing along.

Ms. Phuong Hang sang music without asking for permission and was immediately called by Che Linhs name, saying a shocking sentence - Photo 1

Ms. Nguyen Phuong Hang said that in the midst of her suffering, she was able to write these poems and songs. Although these songs may not be good, they are the most real things that she has experienced and want to share with everyone.

In fact, the song "The sad part of the rainy night" has a good fate... special. This song was composed by musician Tu Nhi before 1975. This song was later allowed by musician Vinh Su to print music for sale because he saw that his situation at that time was quite poor. However, recently, when the famous singer Che Linh uploaded this song to YouTube, one party hit the copyright stick. The male singer immediately expressed his frustration and decided to withdraw this song.

Ms. Phuong Hang sang music without asking for permission and was immediately called by Che Linhs name, saying a shocking sentence - Photo 2

"Before 1975, I helped musician Vinh Su in difficult times, allowing the song "The sad part of a rainy night" to print the sheet to sell and solve financial difficulties. From before 1975 until now, I have not mentioned any ownership rights or royalties... But recently, there have been disputes over songs written by me and I myself have sung on my own YouTube channel, but have been complained about by another establishment. They think that they already own the songs of musician Vinh Su, including Tu Nhi's song "Sad part of a rainy night". Because musician Vinh Su is no longer there, as the owner of this song, I would like to officially revoke the above song from today, to avoid all unnecessary troubles," singer Che Linh shared.

Ms. Phuong Hang sang music without asking for permission and was immediately called by Che Linhs name, saying a shocking sentence - Photo 3

Contacting the famous singer Che Linh, the famous singer said that he was abroad, so he did not know that his song "The sad part of the rainy night" was rewritten. However, he will consider and have a response later.

Lawyer Phan Tuan Vu - Vice Chairman of the Ho Chi Minh City Intellectual Property Association. The Head of Phan Law Vietnam's Law Office shared, when someone rewrites the lyrics for a song based on a published musical work, this means that he or she is using the property ownership of the original author. This may be considered a copyright violation if it is contrary to copyright regulations.

Ms. Phuong Hang sang music without asking for permission and was immediately called by Che Linhs name, saying a shocking sentence - Photo 4

In case the song has a protection period, rewriting the lyrics is the act of using an existing musical work to recompose it. When you want to use a protected musical work to write new lyrics, you must apply for permission from the copyright owner and royalties, remuneration and other material rights to the copyright owner of the original work according to the provisions of Clause 3, Article 20 of the Intellectual Property Law.

In case of arbitrarily rewriting without the consent of the copyright owner or author, it is an act of copyright infringement as prescribed in Clause 7, Article 28 of the Intellectual Property Law.

Ms. Phuong Hang sang music without asking for permission and was immediately called by Che Linhs name, saying a shocking sentence - Photo 5

The second case is that when the song has expired, people have the right to use the work without having to ask for permission or pay remuneration or royalties to the owner.

The copyright protection period for a song as prescribed at Point b, Clause 2, Article 27 of the Intellectual Property Law is during the author's lifetime and 50 years after the author's death. In the case of a song with multiple co-authors, the probation period will end in the 50th year after the death of the last co-author.

Thus, in this case, the author of the song "The sad part of the rainy night" is the famous singer Che Linh, who is currently alive, anyone who rewrites the lyrics to form a derivative work must ask for his permission and pay remuneration in accordance with the law.

Ms. Phuong Hang sang music without asking for permission and was immediately called by Che Linhs name, saying a shocking sentence - Photo 6

Although she did not respond to the press, singer Che Linh suddenly posted a forum to thank Ms. Phuong Hang for singing her composition: "Hello everyone, today Che Linh would like to borrow a song that I wrote a few decades ago. The song is called The sad part of a rainy night. Che Linh has heard Ms. Phuong Hang sing several times. It was very cute. Thank you very much."

Ms. Phuong Hang sang music without asking for permission and was immediately called by Che Linhs name, saying a shocking sentence - Photo 7

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