According to musician Giang Son, the Hanoi People's Court concluded that BH Media company has taken advantage of technology to cause serious impact, and has committed copyright infringement against the work "Noon Dream".
Based on documents, evidence and testimonies at the court, the Hanoi People's Court determined that musician Giang Son and musician Nguyen Vinh Tien are co-authors and co-owners of the copyright for the song "Noon Dream".
BH Media Company's use of a remix based on the original without the musician's consent is against the law, the court forced this company to publicly apologize to musician Giang Son in the mass media. Musician Giang Son did not demand compensation and said he was satisfied with the court's ruling.
For the past 5 years, she has persistently pursued the lawsuit, without mediation, demanding a fair ruling as a legal precedent to protect artists.
The musician added that BH Media company also violated copyright with the songs "White Candle", "Grass and Rain", "Flying Golden Sunlight" composed by her.
On the morning of June 26, the Hanoi People's Court returned to the first-instance trial of the commercial business case regarding the dispute over the ownership of audio and video recordings between musicians Giang Son, Nguyen Vinh Tien and Bihaco Media Trading and Service Joint Stock Company (BH Media).
According to the case file, the dispute arose in 2021 when musician Giang Son created a personal YouTube channel to post her works. When uploading the song "Noon Dream", she received a copyright notice from YouTube's Content ID system related to BH Media.
At the trial, musician Giang Son affirmed that the recording of the song performed by singer Khanh Linh in the album Giang Son (2007) belongs to his ownership, directly invested in production and organized by her.
Agreeing with this view, musician Nguyen Vinh Tien said that the related rights to the recording belong to Giang Son, and at the same time said that it is unreasonable for the legal owner to be reported for copyright infringement with his own work.
Meanwhile, BH Media rejected the accusation of copyright infringement and related rights, stating that in 2020 it had received the transfer of management and exploitation rights for some digital recordings from Ho Guom Audio, including the recording "Noon Dream" performed by violinist Duong Thuy Anh.
According to the defendant, YouTube's Content ID system sending copyright notices to musician Giang Son was only a technical operation when uploading the recording to the system to protect legal management rights, not aimed at establishing ownership of Giang Son's recording.
BH Media also said that it had removed the copyright complaint and reference file immediately after receiving feedback from the musician in October 2021.
The song "Night Dream" (music: Giang Son, lyrics: Nguyen Vinh Tien) was composed in 2004. The song continuously topped many music charts when it was released. The work was performed by many singers, in which the versions of Khanh Linh and Thuy Chi are widely known to the audience.
Musician Giang Son, full name Ta Thi Giang Son, was born in 1975 in Hanoi into a family with artistic traditions. Her father is People's Teacher Hoang Kieu, a Cheo researcher and lecturer on traditional music composition; her mother is Cheo artist Tran Thi Bich Ngoc, who used to teach Cheo dance at Hanoi University of Theater and Cinema.
Giang Son used to be a member of the band 5 Dong Ke before pursuing an independent songwriting career. She made her mark with many famous songs such as "Grass and Rain", "Hanoi 12 Seasons of Flowers", "A Midday Dream"... In which, "A Midday Dream" brought her the Impressive Musician award at the Vietnamese Song 2005 program.
