This development not only generates new types of assets, but also entails many complex problems regarding remuneration and protecting the unique values of real people. Before the experience of tightening regulations from Hollywood, how should the legal corridor in Vietnam be shaped?
Lao Dong Newspaper had an exchange with Lawyer Truong Ngoc Lieu (Hanoi Bar Association) to clarify this issue.
Dear Lawyer, does the artist agree to scan images and voices mean that the producer has the right to use that "digital copy" indefinitely?
-Lawyer Truong Ngoc Lieu: When artists agree to scan images and voices to create "digital copies" with the exploitation unit, it must be based on the voluntary agreement between the parties and be expressed in the form of a civil or commercial contract suitable for the purpose of the transaction. When the relationship between the artist and the exploitation unit has been established by the Contract, all rights and obligations of each party will be adjusted according to the content of each clause that the Contract has stipulated. Issues that the parties have not agreed upon in the Contract will be regulated by relevant laws such as intellectual property, commercial, and civil.
Accordingly, unless the content of the Contract clearly stipulates the use of "digital copies" indefinitely, the exploitation unit will have this right. If the Contract does not stipulate or stipulates a specific term (such as within 2 years, 3 years from the date of signing), the exploitation unit is required to comply. In case of non-compliance, the exploitation unit must bear sanctions according to the agreement of the parties and legal regulations such as penalties for violations and compensation for damages.
If an AI copy creates dialogues or actions that affect the reputation and honor of an artist, how will the law protect them and who is responsible?
-Because "digital copies" are a very new issue, the current legal system does not have provisions to specifically and completely match in case digital copies have actions that affect the reputation, honor, and dignity of the "original" (the artist himself). However, in cases where the legal corridor is not complete, we can still apply the basic principles of civil law on protecting the personal rights of individuals in general and artists in particular to determine the responsibilities of relevant parties.
The signed contract is the "private law" of the two parties to determine the act of violating obligations and accompanying sanctions. At the same time, any individual has the right to protect their honor, dignity, and reputation - this is a right stipulated in the Constitution and specified in the Civil Code. The system of regulations of the Civil Procedure Code has also specifically stipulated the process by which artists can request the Court to protect their legitimate rights and interests when violated.
If the Contract clearly stipulates the scope limit, validity period and principles to ensure that personal rights are not infringed upon by the application of technology, artists will have full legal tools to protect their rights. At that time, the exploitation unit is identified as the contract violator and must be responsible for the actions caused by the "digital copy". Conversely, a Contract established with general, vague terms on the boundary of responsibility and sanctions will cause artists many difficulties in protecting their reputation and honor.
According to the lawyer, what specific regulations should Vietnam add to the "digital replica" in the contract to ensure that a one-time agreement does not turn into an unlimited exploitation right?
-To ensure the legitimate rights of artists related to the creation, exploitation, management, and use of "digital copies", the following mandatory regulations are needed:
First, stipulate the principle that the creation, exploitation, management, and use of "digital copies" must not be contrary to the law, social ethics, and not infringe upon the legitimate rights and interests of artists.
Second, clarify the scope of creation, exploitation, management, and use must have a specific time limit. The extension is only carried out with the consent and written confirmation of the artist or legal representative, and absolutely excludes the regulation of "automatic extension" when the time limit expires.
Third, there need to be specific, detailed and strong enough regulations on sanctions such as penalties for violations, compensation for damages, apologies, public corrections, and forcing the return of illegally profited money from illegal exploitation or exploitation exceeding the scope of agreement.
Only when the above measures are fully and seriously implemented will it be possible to maximize the protection of personal rights attached to the artist's property against "digital copy" mining units.
Thank you lawyer for this conversation!
