A cross-border copyright dispute between an American composer and one of Vietnam’s top pop stars is heading into the appeals stage — a case closely watched by the country’s entertainment and intellectual property sectors.
U.S. musician Zack Hemsey has filed an appeal after a Ho Chi Minh City court rejected his lawsuit against Vietnamese singer Noo Phước Thịnh over the alleged unauthorized use of a recording in a music video.
The case raises broader questions about copyright enforcement, producer liability, and how Vietnam’s courts interpret related rights in the digital era.
The Dispute: “The Way” and a Vietnamese Pop MV
Hemsey, 43, released his album The Way in 2011, including the track of the same name. He states that the album and sound recordings are protected under copyright and related rights in the United States and other jurisdictions.
According to court filings, Hemsey discovered in 2017 that a portion of his recording was used in a scene of the music video Chạm khẽ tim anh một chút thôi (roughly translated as Touch My Heart Lightly), performed by Noo Phước Thịnh. The excerpt allegedly appeared as background music during a car accident scene.
Hemsey argued the use was unauthorized and infringed both his copyright and related rights as the recording owner. He sought:
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Removal of the video from all platforms
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Public apology
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Compensation of VND 850 million (approximately US$34,000–35,000)
Trial Court: Singer Not Liable
In its first-instance ruling, the Ho Chi Minh City People’s Court rejected all claims against the singer.
The court determined that the music video was produced and owned by Lê Tuấn Khanh, who also controlled the associated YouTube channel. Contracts presented in court indicated that Noo Phước Thịnh participated as performer and lead vocalist but was not the legal owner or publisher of the video.
Judges found that the plaintiff did not provide sufficient evidence proving the singer directly owned or used the disputed recording. As a result, the court ruled that Noo Phước Thịnh did not infringe copyright or related rights.
The ruling also noted that if the plaintiff believes the producer violated his rights, a separate civil action could be pursued.
Appeal: Evidence and Legal Interpretation
Hemsey has now appealed the entire judgment, arguing the lower court did not fully assess the evidence and misapplied relevant legal standards.
A central legal issue involves Vietnam’s Intellectual Property Law and how it distinguishes between:
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Copyright (author’s rights)
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Related rights (including rights in sound recordings)
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Obligations to obtain permission versus obligations to pay remuneration
The producer, for his part, reportedly argued that even if the recording were used, it would give rise to a payment obligation rather than constituting infringement.
Why This Case Matters
For international investors, record labels, and streaming platforms operating in Vietnam, the appeal carries implications beyond celebrity headlines:
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Clarity on liability: The ruling may clarify whether performers can be held responsible for copyright violations in projects they do not own.
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Digital enforcement standards: The case touches on YouTube distribution and cross-border copyright claims.
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IP alignment: As Vietnam integrates more deeply into global trade frameworks, intellectual property enforcement remains a key issue for foreign rights holders.
Vietnam has strengthened IP protections in recent years under trade agreements such as the EU–Vietnam Free Trade Agreement (EVFTA). However, enforcement practice continues to evolve through cases like this.
The appellate court has yet to schedule a hearing date.
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