The family of musician Pham Tuyen hopes to clarify everything soon
Sharing with Dan Viet, journalist Pham Hong Tuyen – daughter of musician Pham Tuyen, said that her family felt very uncomfortable when they witnessed a series of songs by their ancestors being transformed into a different style, making them lost the meaning of the original song.
Musician Pham Tuyen and his daughter Pham Hong Tuyen. Photo: FBNV
“Currently, music copyright infringement in Vietnam is increasingly sophisticated. In the past, copyright infringement often involved using lyrics, melodies, or recordings without asking permission from the author of the song.” But now many shows and young singers are willing to transform a song into a different style, losing the meaning of the original song.
A typical example is the song “Baby elephant in Ban Don” by my father – musician Pham Tuyen was adjusted from major to minor without the author’s approval. Each musical work is a “brainchild” of the author, everyone wants it. Young people are free to be creative and renew their works so that the song can spread more widely, but that renewal still requires permission and only with the consent of the author can the song be modified (also called derivatives) have just been released on platforms,” Ms. Pham Hong Tuyen shared.
Ms. Pham Hong Tuyen further expressed that, musician Pham Tuyen He is not a difficult person, but he needs to be respected as a great musician, the “father” of his work.
“I still remember, the program Tao Quan – Meet at the end of 2009 created “Flood from a street intersection” based on the original song “From a street intersection” to serve the program, the production team arrived. I asked my father for permission and he happily agreed immediately. Musician Pham Tuyen is very supportive of the creativity and renewal of his works, but that does not mean arbitrarily using or changing the song without asking permission. author.
Recently, I continuously receive messages from friends sending links to these derivative songs. It is unclear who is the “author” of this parody song. I guess, maybe a young person or a group of students in a creative passion changed the song to a different key with a flickering guitar accompaniment. Then the song quickly spread on social networking platforms thanks to the original song’s popularity.
Later, both my father and his family felt uncomfortable because no one asked the author’s permission to release this variation (derivative) song. And even when singing this song, many people still think it’s by musician Pham Tuyen, even professional singers when asked to perform. song “Little Elephant in Ban Don” also sang the derivative version as a matter of course. The song has been arbitrarily modified and seriously violated copyright. We hope that the real author of the derivative article “The Little Elephant in Ban Don” will soon contact the family so that everything can be clarified,” Ms. Pham Hong Tuyen expressed.
Derivative works also need to respect the “father” author.
Talking to Dan Viet, music researcher Nguyen Quang Long said that the story of transforming original songs into derivative works in the music industry (both in the world and in Vietnam) is not new and has existed for many years. century. In classical music, there is a way of composing based on a theme in an existing work to create a new work and is called variation or some other way of calling it.
However, people will show respect for copyright by clearly stating which theme and which author’s work this variation is based on. Even with composers who are the authors of the original works, musicians who want to compose derivative works also come to meet or discuss directly to ask for opinions before doing so. And the classical music world considers variation to be a musical genre.
The song “Little Elephant in Ban Don” is taught in schools. Photo: TL
In Vietnam, musician Trong Bang also had a variation work “Love song forever” inspired by the original work “Love song” by musician Hoang Viet with the purpose of commemorating the author of an unusual work. jar. Some symphonic and chamber works are also based on the theme of a familiar song, for example, the theme of the song “In Praise of President Ho Chi Minh” by musician Van Cao was exploited to compose an instrumental work. written for symphony orchestra.
However, when making variations or developments based on the original work like that, the authors will also write very clearly or have the consent of the original author. “With today’s popular music, the phenomenon of using the work is familiar but in a way that is not exactly the original work is an existing phenomenon. Many musicians and music experts believe that it is very unacceptable to modify a musical work without asking the author’s permission or discussing the rights when releasing the work on platforms. Because they have changed the original works that the musicians worked hard to create and used them for personal purposes.
“I think that deriving musical works can also be considered a way for young people to create art, but this job requires careful consideration and civilized behavior in terms of sharing rights. If a person The new work uses a musical stroke, piece of music, or verse with lyrics that are deeply ingrained in the hearts of the audience to be derivative of another work without the consent of the author (the person who created the original work) or The copyright owner of the work lacks the necessary respect,” music researcher Nguyen Quang Long emphasized.
According to NPLaw Lawyers Office, Clause 8, Article 4 of Consolidated Document No. 11/VBHN-VPQH of the Intellectual Property Law clearly states that derivative works are defined as works created on the basis of one or more published works. available through translation from one language to another, adaptation, compilation, annotation, selection, arrangement, musical adaptation and other adaptations.
Derivative works are created on the basis of one or more pre-existing works. Therefore, the use of that work must still ensure respect for the author’s moral rights to that original work.
Derivative works must be creative and not copied from the original works. Creativity here can be understood as a partial change in content, a difference in form compared to the original work.
That derivative work also needs to bear the mark of the original work so that by identifying the derivative work, the public can associate with the original work through the work’s inherent content.