Vi phạm bản quyền bìa sách của công ty TNHH Đông Tây – Trách nhiệm thuộc về ai? (kỳ 2)?

Sự việc vi phạm bản quyền của công ty TNHH văn hóa Đông Tây đối với hai bìa sách của tác giả Nguyễn Mai Hương vẫn chưa có lời giải đáp thích đáng và đang chờ cơ quan có thẩm quyền giải quyết. Tuy nhiên, vụ việc lần này đã cho thấy một thực trạng dễ bắt gặp hiện nay là tình trạng “xài chùa” không trả tiền.

       Theo quy định của pháp luật sở hữu trí tuệ, một tác phẩm được pháp luật bảo hộ khi tác phẩm được thể hiện dưới một hình thức nhất định. Trong trường hợp này, hai bức họa đã được xác nhận thuộc quyền sở hữu của tác giả Mai Hương. Việc công ty Đông Tây sử dụng mà không có sự đồng ý và cho phép của chủ sở hữu tác phẩm là vi phạm pháp luật về sở hữu trí tuệ. Vi phạm quy định tại Điều 28 Luật sở hữu trí tuệ. Mặc dù công ty Đông Tây đã đưa ra nhiều lời lẽ để chối bỏ trách nhiệm của mình, tuy nhiên trách nhiệm thuộc về ai thì cần phải xác minh làm rõ xem hợp đồng được ký kết giữa công ty Đông Tây và chị Thắm- người được thuê thiết kế hai bản vẻ có điều khoản quy định về trách nhiệm của các bên khi không thực hiện đúng hợp đồng hay không?

      Theo đó, nếu như trong hợp đồng có quy định công ty TNHH văn hóa Đông Tây có chức năng xử lý phát hành, còn họa sỹ phải chịu trách nhiệm về vấn đề bản quyền. Như vậy, họa sỹ Thắm sẽ phải chịu trách nhiệm về hành vi “ăn cắp” của mình. Trong trường hợp này, công ty Đông Tây cũng có một phần trách nhiệm khi không xem xét kĩ càng, còn vấn đề bản quyền hoàn toàn không thuộc lỗi của công ty Đông Tây.

       Qua đây, cần lưu ý đối với các tác giả có các công trình sáng tạo cần đặc biệt lưu tâm đến vấn đề đăng ký bản quyền cho các tác phẩm của mình. Việc được cấp giấy chứng nhận bản quyền của cơ quan nhà nước có thẩm quyền thì chủ sở hữu sẽ không có nghĩa vụ chứng minh quyền tác giả khi có tranh chấp xảy ra như việc sao chép, sửa chữa, cắt xén tác phẩm…
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