VietNamNet Bridge – The company that is permitted by composer Trinh Cong Son’s family to organize the Trinh Cong Son show in Hanoi is not licensed by the Hanoi authorities, while the firm that is licensed by the authorities is not accepted by the musician’s family. Both planned shows are named “Ru Tinh” (the name of a Trinh Con Son’s song).

On February 10, Trinh Vinh Trinh, the representative of late musician Trinh Con Son’s family, confirmed in writing with the Hanoi Department of Culture, Sports and Tourism, the Performing Art Agency and related agencies that the Trinh show that is scheduled in Hanoi on March 7-8, organized by the Vietnam Circus Federation and Mediamax company had not paid royalties to her family.

Trinh asked the Performing Art Agency to withdraw the license of the show for the Vietnam Circus Federation.

She affirmed that on the occasion of the birthday of Trinh Cong Son (March 8), only one Trinh show in Hanoi is permitted by her family to use Trinh Cong Son’s songs. The show will be held by the IB Group. Trinh will join the show as art advisor.

Vu Ngoan Hop, director of the Vietnam Circus Federation, said that “Ru Tinh” is the trademark of Mediamax, which had been registered with the Intellectual Property Office.

Hop said that the show was held in previous years and the organizers paid royalties to the Vietnam Centre for Protection of Music Copyright (VCPMC), not to Trinh Cong Son’s family. He did not know that Trinh signed an exclusive contract with another firm and the VCPMC still received royalties.

Tran Thi Thuong, from VCPMC, explained: Trinh did not inform VCPMC of her family’s exclusive contract with the IB Group so VCPMC allowed the Vietnam Circus Federation to organize the “Ru Tinh” show.

Thuong said that the center had asked the Vietnam Circus Federation to annul the contract but the federation has not taken back the royalties.

Trinh Vinh Trinh on July 1, 2011, inked a deal with IB Group, permitting this firm to exclusively use Trinh Cong Son’s songs in Hanoi from February 10, 2012, to March 10, 2012.

On September 3, 2011, Trinh signed a contract with VCPMC, authorizing the center to manage copyrights of Trinh Cong Son’s works.

The contract with IB Group lacks the signature of Trinh Xuan Tinh, Trinh Cong Son’s brother, who holds half of the ownership over Trinh Cong Son’s works.

On February 16, Trinh submitted her brother’s proxy, which was sent from the USA, to relevant agencies. However, the supplementary signature is contrary to the law. Trinh’s singing of another contract while the exclusive contract is still valid is considered imprudent, causing difficulties for management agencies.

Meanwhile, the Vietnam Circus Federation and Mediamax continue advertising their show in Hanoi.

Trinh has asked the Performing Art Agency to withdraw license for the show.

The Vietnam Circus Federation’s director Vu Ngoan Hop said: “Our lawyers said that we didn’t do anything wrong, but if the Hanoi Department of Culture, Sports and Tourism or the Performing Art Agency ask us to stop the show, we will obey.”

However, Hop questioned that who will compensate his agency’s losses from halting the show?

Nguyen Thanh Nhan, chief of the Licensing Department under the Performing Art Agency, said that the agency’s license granted to the Vietnam Circus Federation is legal. He said that those who own the copyright of Trinh Cong Son’s songs must bear the responsibility.

The Performing Art Agency has asked Trinh Vinh Trinh to learn from the case.

Nhan said that the agency could not withdraw the license of the Vietnam Circus Federation at the request of Trinh. He said that related sides and relevant agencies must seek a solution together.

However, VCPMC’s Tran Thi Thuong said that before paying royalties to the center, the Vietnam Circus Federation had already got the license from the Performing Art Agency, which is contrary to the civil and copyright laws.

Nhan of the Performing Art Agency said that his agency strictly performed the law in instructing show organizers to pay royalty to the VCMPC. The agency is only in charge of the contest of the show, the copyright belongs to civil relations.

Nhan emphasized that the VCMPM is the collector of royalties, so it is responsible for protecting organizations and individuals who observe the law on copyright.

Nhat said it is better to allow both sides to organize the Trinh shows to give more choices to the audience. This is also Hop’s wish.

Nguyen Thuy duong, production manager of IB Group said that the dispute is the issue between Trinh Cong Son’s family and the Vietnam Circus Federation. His company is preparing for the show. However, because of the dispute, IB Group has not been license by the Hanoi Department of Culture, Sports and Tourism yet.

Thu Ha