Thanh Phương không kiện Minh Hạnh vì chưa đăng ký bản quyền?

Bản quyền thiết kế

Thanh Phương không kiện Minh Hạnh vì chưa đăng ký bản quyền?

Ngay khi ra mắt, đồng phục mới của hãng Vietnam Airlines (VNA) do NTK Minh Hạnh thực hiện đã nhận phản hồi không mấy tích cực. Nhiều người đưa ra ý kiến thiết kế mới không giữ được bản sắc dân tộc, không có vẻ mềm mại, uyển chuyển như chiếc áo dài gam đỏ huyết dụ cũ.

Trong đó, gây tranh cãi nhiều nhất vẫn là những thông tin liên quan đến việc trùng ý tưởng khi có người cho rằng, đồng phục mới có chi tiết cổ áo giống với áo dài của Lê Thanh Phương.

Bản thân NTK Lê Thanh Phương khẳng định, chi tiết cổ áo đồng phục hãng hàng không quốc gia rất giống với thiết kế của anh: “Nếu nói là giống nhau hoàn toàn thì không phải, bởi chi tiết cổ áo đồng phục VNA có thêm hai mảng màu. Tuy nhiên xét về đường nét căn bản thì đây hoàn toàn dựa trên áo dài của tôi. Thiết kế không nhất thiết giống nhau chỉ cần chung ý tưởng đã là sự sao chép”.

Lê Thanh Phương cho rằng, anh không có quyền can dự vào các thiết kế hiện nay của VNA vì trên thực tế anh không đăng ký bản quyền mẫu áo mà mình sử dụng. “Khi làm ra chúng, tôi không đăng ký bản quyền vì 10 năm trước không ai nghĩ đến việc này. Tôi chỉ tập trung làm công việc thiết kế cho khách hàng. Hơn nữa, tôi nghĩ sự việc không đáng để kiện tụng. Anh em trong nghề, khán giả đều biết đây là thiết kế của tôi. Thế là đủ”

Tuy nhiên đứng ở góc độ pháp lý ta có thể thấy trong nhiều trường hợp cả người trong cuộc cũng như xã hội vẫn còn một số nhận thức chưa chính xác về quyền tác giả cũng như hành vi xâm phạm quyền tác giả.

– Pháp luật bản quyền không bảo hộ ý tưởng đơn thuần do đó nếu chỉ cho rằng NTK Minh Hạnh lấy ý tưởng về kiểu cổ áo dài cách tân đã là sự “sao chép” thì rõ ràng là chưa thỏa đáng. Tuy nhiên ngược lại, nếu cách thiết kế cổ áo của NTK Minh Hạnh không chỉ giống về mặt ý tưởng mà còn giống cả về cách thể hiện (đường nét, cách cắt, dựng cổ áo v.v…) thì có thể coi đây là việc vi phạm bản quyền.

– NTK Thanh Phương cho rằng anh không có quyền kiện vì 10 năm trước anh chưa đăng ký bản quyền mẫu thiết kế của mình cũng là một sự nhầm lẫn về mặt pháp lý. Quyền tác giả được bảo hộ tự động ngay khi tác phẩm được hoàn thành; do đó dù không làm thủ tục đăng ký quyền tác giả thì NTK Thanh Phương vẫn có quyền tác giả đối với các thiết kế của mình và anh vẫn có thể có ý kiến về mẫu thiết kế của Vietnam Airlines nếu anh cho rằng có sự vi phạm bản quyền.

 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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