Xử vụ kiện 74 tỷ đồng kịch bản phim Biệt động Sài Gòn: Sáu năm trước (11/5/2009), TAND Hà Nội đã xử phiên sơ thẩm vụ kiện giữa cựu nhà báo Nguyễn Thanh và đạo diễn Lê Phương về tranh chấp bản quyền kịch bản phim “Biệt động Sài Gòn”. Theo đó, nhà báo Nguyễn Thanh (nguyên đơn) đã yêu cầu bồi thường thiệt hại số tiền lên đến 74 tỷ đồng.
Sự việc được bắt đầu từ việc, đạo diễn Lê Phương đặt hàng nhà báo Nguyễn Thanh viết kịch bản phim về những chiến sĩ biệt động Sài Gòn theo yêu cầu của Hãng Phim truyện Việt Nam, nơi ông Phương từng công tác. Vì trước đó, ông Thanh (đang là phóng viên của báo Quân đội nhân dân) đã có nhiều bài ký sự về các chiến sĩ biệt động Sài Gòn đăng trên báo của mình.
Tuy nhiên, hai bên lại không có bất cứ hợp đồng giao kèo nào. Số tiền thù lao viết kịch bản được ông Phương cho biết là 400 đồng như một khoản tiền nhận bút và bồi dưỡng mà không được nhận bất cứ khoản tiền nào khác sau này khi kịch bản phim được đăng trên báo Sài Gòn Giải Phóng cũng như được NXB Thanh Hóa và Hội VH-NT Long An xuất bản thành sách. Ông Thanh cho rằng ông Phương đã gửi kịch bản phim tới các báo và NXB mà không xin phép, không trả nhuận bút cho mình. Đây chính là lý do ông Thanh khởi kiện ông Phương và đòi đền bù thiệt hại.
Phía bị đơn cho rằng, kịch bản nhận từ ông Thanh dài tới 400 trang, không phù hợp với một bộ phim dài 2 tập do Hãng Phim truyện VN đặt hàng nên ông phải viết lại. Mặc dù vậy ông Phương vẫn để ông Thanh đứng tên với tư cách là đồng tác giả kịch bản mặc dù kịch bản tập 3 và 4 của phim Biệt động Sài Gòn do ông tự viết. Ông cũng không hề biết việc các báo và nhà xuất bản in lại kịch bản phim Biệt động Sài Gòn vì tất cả đều đăng mà không xin phép. Chỉ duy nhất có báo Sài Gòn Giải Phóng sau khi đăng kịch bản phim làm nhiều kỳ đã gửi 2500 đồng nhuận bút cho ông kèm lời xin lỗi vì không xin phép trước. Sau đó ông Phương đã nhắn ông Thanh đến lấy 1/3 số tiền nhuận bút (trên 800 đồng) nhưng ông Thanh đã không đến lấy.
Ngoài việc kiện ông Lê Phương, nhà báo Nguyễn Thanh cũng buộc 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.
Tại phiên sơ thẩm, TAND Hà Nội kết luận: Do hai bên đều không xuất trình được bản thảo viết tay lần đầu tiên và cả ông Nguyễn Thanh cũng như ông Lê Phương không chứng minh được mức độ đóng góp của mình nên cả hai ông là đồng tác giả của kịch bản phim Biệt động Sài Gòn. Thêm vào đó, không hề có văn bản giao kèo cũng như hợp đồng nào chứng minh ông Thanh hợp tác với Hãng Phim truyện Việt Nam và được hãng này đặt hàng viết kịch bản phim Biệt động Sài Gòn nên không có căn cứ để kiện Hãng Phim truyện Việt Nam.
Do vậy số tiền nhuận bút phải được chia đôi. Căn cứ vào đó, ông Phương phải trả ông Thanh 6050 đồng còn thiếu (trích từ nhuận bút Hãng Phim truyện VN và báo Sài Gòn Giải Phóng) tương đương 9.072.000 đồng hiện tại.
Dù đã có kết luận nhưng cả ông Nguyễn Thanh và ông Lê Phương đều khẳng định sẽ tiếp tục kháng án. Sau những thỏa thuận bất thành giữa hai bên, hôm nay, TAND Hà Nội tiếp tục mở phiên xét xử.
Quý Khách hàng có nhu cầu tìm hiểu quy định pháp luật và thủ tục liên quan đến đăng ký bản quyền tác giả , xin vui lòng liên hệ (Hotline: 0978938505) Naci Law để được tư vấn chi tiết!
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