Những vấn đề pháp lý về vụ kiện bản quyền kịch bản phim Biệt động Sài Gòn

            Những vấn đề pháp lý xoay quanh vụ kiện bản quyền kịch bản phim Biệt động Sài Gòn vẫn còn chưa có hồi kết; cựu nhà báo Nguyễn Thanh vẫn tiếp tục vụ kiện quyền tác giả để đòi quyền tác giả duy nhất thuộc về mình cũng như khoản tiền nhuận bút mà ông cho rằng mình được hưởng. 

             Nhà báo Nguyễn Thanh cho rằng kịch bản phim Biệt động Sài Gòn là do ông viết và được đạo diễn Lê Phương đặt hàng theo yêu cầu của Hãng phim truyện Việt Nam. Tuy nhiên ông Thanh lại không được nhận bất cứ một khoản tiền nào khác sau này khi kịch bản phim được đăng trên báo Sài Gòn Giải Phóng cũng như khi NXB Thanh Hóa và Hội VH-NT Long An xuất bản thành sách. Ông Thanh cho rằng ông Phương đã tự ý sử dụng kịch bản của mình mà không xin phép do đó đã khởi kiện ông Phương yêu cầu đền bù thiệt hại cũng như đòi Hãng phim truyện Việt Nam phải trả nhuận bút kịch bản phim Biệt động Sài Gòn tương đương 900 cây vàng theo giá vàng thị trường năm 1981, vào thời điểm ông viết kịch bản phim.

            Theo quy định của pháp luật Sở hữu trí tuệ Việt Nam thì quyền tác giả sẽ được bảo hộ ngay từ khi tác phẩm được định hình và có thời hạn bảo hộ là suốt cuộc đời tác giả. Ông Thanh là người đã tạo ra tác phẩm nên đương nhiên có quyền tác giả được bảo hộ. Tuy nhiên còn một số vấn đề pháp lý đặt ra đối với yêu cầu của ông Thanh như:

            Theo quy định của BLDS thì thời hiệu khởi kiện vụ án dân sự thông thường chỉ là 2 năm kể từ thời điểm đương sự có quyền, lợi ích bị xâm phạm. Việc Ông Thanh được Hãng phim truyện Việt Nam thuê viết kịch bản là thời điểm từ năm 1984, chưa nói đến việc giữa hai bên không xuất trình được bất kì văn bản nào chứng minh hợp đồng đã được xác lập giữa hai bên thì Ông Thanh không thể không biết việc Hãng phim truyện Việt Nam không trả mình tiền nhuận bút. Với thời gian đã qua như vậy, hẳn việc kiện đòi tiền nhuận bút giữa Ông Thanh, Ông Phương và Hãng phim truyện Việt Nam đã hết thời hiệu từ lâu!!!.

            Thứ hai, Ông Thanh khởi kiện Ông Phương đã tự ý sử dụng kịch bản của mình cho các bên như báo Sài Gòn Giải Phóng; NXB Thanh Hóa; Hội VH-NT Long An đăng bài và xuất bản thành sách. Điều này còn cần phải xem xét bởi chính ông Phương cũng khẳng định các đơn vị trên đều tự ý sử dụng kịch bản mà không xin phép tác giả. Như vậy lẽ ra ông Thanh phải khởi kiện các đơn vị trên để đòi bồi thường thiệt hại chứ không thể yêu cầu ông Phương bồi thường. Nếu ông Thanh không thể đưa ra các chứng cứ hợp lí thì rõ ràng yêu cầu trên của ông là không hợp lý. Đó là chưa kể nếu đúng Hãng phim truyện Việt Nam đã thuê ông Thanh viết kịch bản phim thì Hãng phim truyện Việt Nam mới là chủ sở hữu tác phẩm và mới là chủ thể có quyền tác giả bị xâm phạm.

            Một điểm bất hợp lý thứ ba trong các yêu cầu của ông Thanh đó là cách quy đổi số tiền nhuận bút từ năm 1987 theo giá trị của vàng ở thời điểm đó ?!. Cách quy đổi này khiến cho tổng số tiền bản quyền của vụ kiện lên tới gần 400 tỷ đồng. Rõ ràng, yêu cầu này là không có căn cứ. Năm 1987, theo Thông tư liên tịch 601-1987 thì khoản tiền ông Lê Phương phải thanh toán cho ông Nguyễn Thanh sẽ được quy theo gạo.

            Thực tiễn vụ án đã được Tòa án Nhân dân thành phố Hà Nội xét xử sơ thẩm ngày 25.3.2015 trong đó xác định rằng ông Nguyễn Thanh và Lê Phương là đồng tác giả của kịch bản và số tiền ông Phương phải trả cho ông Thanh được quy đổi theo giá gạo tại thời điểm bấy giờ và tương đương 12,800,000 đồng. Tuy nhiên Ông Thanh vẫn quyết định kháng cáo để đòi hỏi quyền lợi cho mình. Có thể còn nhiều quan điểm khác nhau xung quanh vụ kiện đình đám này. Tòa án xét xử đúng hay sai?, ông Thanh theo đuổi vụ kiện vì số tiền hay vì danh dự của người tác giả? Chúng tôi mong được trao đổi ý kiến với các bạn độc giả, những người quan tâm đến bản quyền. 

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