8/10/2019 IP Case Nason

1/2

1. Context

- Argument between Photographer Na Son and Hanoi Library

+ In the event the 60th anniversary of the capitals Liberation Day, Hanoi library

displayed a photo taken by Na Son Photographer.

+ Na Son claimed that photo was used WITHOUT PERMISSION+ Hanoi Library explained that they neither knew who the author was nor used it for

a commercial purpose.

+ Na Son did not accept that explanation and required an officially apologetic

document from Director of Hanoi Library

- Argument between Photographer Na Son and the couple in the picture

+ Mr. Duong Trung Kien and Mrs. Trinh Thu Huong claimed that Hanoi Library should

have asked for their permission, not from Mr.Nason

+ The couple affirmed they both took charge of ideas and paid for all the fees.

+ The couple confirmed Photographer Na Son had nothing to do with the copyrights

of that photo.

2. Copyright subject matter & legal status

+ Copyright subject matter: the artistic workthe photo of the couple riding bicycle

in Old Quarter taken by Photographer Na Son

+ Legal status: unregistered

3. The author and the owner

+The author: Photographer Na Son

Moral rights: Give titles, attach his name, publish and protect the integrity of the photo

+ The owner: The couple in the photo (Mr. Duong Trung Kien and Mrs. Trinh Thu

Huong)

Economic rights: Make derivative, display and communicate the photo to the public,

reproduce, distribute or import the original or copies of the photo and to lease the

original or copies of cinematographic works and computer programs.

4. + The name of action: Misperception of ownership rights (ngnhn quyn chshu

quyn tc gi)

+ The case falls into the violation Art 19, 20 of IP law

5. Analyze and evaluate:

Hanoi Library violated ownership rights and copyright when using image and false

caption without permission as article 19 and 20 of IP law stated

The concept and idea belongs to Mr. and Mrs. Duong who hired Mr. Nason as the

photographer and the process of photographing also directed by them, hence they are

the owner and the author of the work. Mr. Na Son has no right to accuse Hanoi Library

of copyright violation.

8/10/2019 IP Case Nason

2/2

Mr. Na Son also violated copyright when he stated the purpose of the photo used by

Hanoi Library which was to restore the ancient spirit of Hanoi while the couple claimed

the photos just captured their memories.

Mr. and Mrs. Duong can require Hanoi Library to stop the infringement of intellectual

property, apology and compensation for damages as article 198 and 202 of IP law stated

6. Recommendations:

+ There should have been a contract between Mr. Na Son and Mr. and Mrs. Duong in

case of dispute.

+ Since the case is not brought to law, Mr. Na Son should have apologized Mr. Mrs.

Duong in regard of previous conflicts between Mr. Na Son and Hanoi Library.

+ The copyrights of photos are normally underrated since there is no official authority,

even The Artistic Photography Association can assist the owner on behalf of their name

To protect the copyrights of any photos, Mr. and Mrs. Duong must have registered

their name before to claim their rights.