The Chairman of the Korea Music Copyright Association (KOMCA) stated the following in the letter addressed to Mr. Dang Dinh Tam – Chairman of IME Music Company Limited, and Mr. Lim Kean Hwa – Director of IME Music Company Limited:
“Through this letter, KOMCA confirms certain aspects that the Korea Music Copyright Association (KOMCA) has authorized VCPMC in accordance with the mutual agreement between KOMCA/VCPMC. This agreement was initially signed between KOMCA and VCPMC on May 1st, 2009.
Under this agreement, among other provisions, KOMCA grants VCPMC exclusive rights to license public performances of all musical works in KOMCA’s repertoire to be performed within VCPMC’s territory, including but not limited to works composed by KOMCA’s member authors.
VCPMC is the sole entity in Vietnam authorized at this time. We are aware that many musical works owned by KOMCA’s members will be performed in Hanoi, Vietnam on July 29-30, 2023.
According to our agreement concerning the rights delegation to our members, KOMCA manages the delegated copyrights so that KOMCA can collect copyright fees on behalf of our members. Also, under this copyright delegation agreement, our members are not allowed to grant third parties the use or enforcement of the copyrights that have been delegated to KOMCA.
KOMCA desires that VCPMC takes decisive steps against users who undermine the interests of the authors represented by KOMCA by not fully complying with VCPMC’s licensing terms. We trust that VCPMC will take necessary measures (including legal actions in court) to ensure licensing from businesses or individuals using KOMCA’s musical works. In case the music copyright license is not granted before the performance, KOMCA respectfully requests that IME Music Company ceases the performance of musical works from KOMCA’s repertoire.”
Previously, upon receiving information about the BlackPink group’s tour in Hanoi, Vietnam, at the end of July, VCPMC had contacted IME Music Company to request permission and payment of copyrights before the event in accordance with copyright laws. However, as of July 19, 2023, IME had not yet fulfilled their copyright obligations. On July 21, 2023, a meeting involving the Vietnamese state management authorities was held to address the existing issues.
To safeguard the rights and interests of authors – owners of the works, and in adherence to the mutual cooperation commitments between VCPMC and KOMCA, as well as the final letter sent by KOMCA to IME, VCPMC requests that the state management agencies revoke the performance license of the BlackPink group organized by IME Music Company as they have severely violated copyright. This action is contrary to the commitments made with VCPMC and the directives issued by the Vietnamese state management authorities before the event.
On July 27th, VCPMC confirmed that they had received an email from someone named Pham Tam – Project Manager of IME Music Company Limited, stating the following content: “Firstly, IME Vietnam would like to express gratitude to VCPMC for actively reaching out and assisting IME Vietnam in complying with music copyright regulations.
As of now, we have not reached an agreement with the artist management company regarding the copyright of the songs in the program as they fall under the copyright of YG Company, the entity providing the performing artists. IME Vietnam agrees to pay for the song copyrights and comply with Vietnamese law. If during the process, IME Vietnam can provide an authorization/permission to use song copyrights in Hanoi, we request VCPMC’s guidance to mutually execute this.”
VCPMC asserts that up to the current time, IME has not fulfilled their copyright obligations as agreed upon during the bilateral work process. All 13 works, approved by document number 2438/SVHTT-QLNT of the Hanoi Department of Culture and Sports, which fall under VCPMC’s protection scope, were licensed through a bilateral contract with various organizations. Among them, 12 works belong to the members of the Korea Music Copyright Association (KOMCA).
“In the event that the music copyright license is not granted prior to the program’s performance, VCPMC requests that IME refrain from performing musical works from KOMCA’s repertoire,” VCPMC reiterated its demand.
@Vietnamnet
Source: Vietnam Insider