This is the latest development of a copyright dispute between two animated character sets Wolfoo (owned by Sconnect Vietnam) and Peppa Pig (owned by Entertainment One UK Limited in the United Kingdom – referred to as eOne or EO for short). ).
On July 28, 2023, Sconnect sent a report to 4 agencies: Copyright Office (Ministry of Culture, Sports and Tourism), Department of Broadcasting and Electronic Information (Ministry of Information and Communications). ), the National Competition Commission, the Vietnam Digital Media Association (VDCA) proposed these 4 agencies to support discussions with Google and YouTube for this platform: Stop receiving and accept requests for copyright Wolfoo video lacks ground from EO side. At the same time, it is requested that Google/YouTube respect and obey Vietnamese law, especially Article 114 of Decree No. 17/2023/ND-CP, which requires YouTube to quickly restore more than 3,000 Wolfoo videos that have been deleted from the platform. YouTube.
Many restored Wolfoo channels are locked again
The copyright dispute between two sets of cartoon characters Wolfoo and Peppa Pig has lasted from the beginning of 2022 until now, the two sides have been suing each other in the courts of countries: Russia, the UK and Vietnam. During the dispute settlement process, from September 2022, Sconnect Vietnam has filed a complaint with four ministers: the Ministry of Information and Communications, the Ministry of Culture, Sports and Tourism, the Ministry of Industry and Trade, and the Ministry of Industry and Trade. Science and technology; At the same time, Sconnect sent a complaint to the President of the Vietnam Digital Communications Association (VDCA) asking: The authorities should consider and support to protect Sconnect’s legitimate rights and interests that are being held by foreign businesses. seriously infringing on the digital environment, specifically on the YouTube platform.
After accepting the case, carefully reviewing the records and reports of Sconnect, the three agencies are: Vietnam Digital Media Association (VDCA), Department of Broadcasting and Electronic Information and Department of Copyright The author has sent documents to Google and YouTube, the documents of VDCA and the two agencies have the same opinion: Request Google to carefully consider and verify the Sconnect issues mentioned in reports related to the dispute between the two agencies. The two sides are going through complicated developments and no Court has reached a final conclusion. Requesting YouTube to restore Wolfoo videos, Sconnect’s YouTube channels are deleted, locked, blocked from posting new content until there is an official ruling from the Courts that the two sides are suing each other. Specifically, Sconnect is suing EO at the People’s Court of Ho Chi Minh City. Hanoi; Vietnam National Competition Commission (3 lawsuits) and EO are suing Sconnect in court in the UK (1 lawsuit).
According to Sconnect’s report, after the VDCA and the two Bureaus spoke up, YouTube restored a number of locked Wolfoo videos, and reopened Sconnect’s right to upload 19 blocked YouTube channels, thereby Sconnect’s difficulties on YouTube. There have been positive changes since the beginning of 2023, Sconnect’s business operation is gradually recovering.
However, from the beginning of July, Sconnect continued to detect that EO had abused intellectual property rights, beat copyright on YouTube with Wolfoo videos, notably Google/Youtube received and continue to block the permission to upload many YouTube channels and delete Wolfoo videos that have been opened by YouTube before. These are violations of the provisions of Decree 17/2023/ND-CP of Vietnam, although Sconnect has made great efforts to send information to Google/Youtube about the provisions of Decree 17/2023/ND-CP , accordingly, Google/Youtube can only remove/remove Sconnect’s Wolfoo video when there is an effective judgment or decision of the Court. But the YouTube side has no response and continues to lock the channel, delete the Wolfoo videos.
Sconnect opposes copyright infringement allegations
Due to trying to find all ways to complain and discuss with YouTube but did not receive a response, Sconnect once again “called for help” to VDCA and the Copyright Office, the Department of Broadcasting and Electronic Information and the Commission. National Competition.
According to Sconnect’s report, since April 2023, EO has reported the copyright of many of Sconnect’s Wolfoo videos with the reason that Sconnect used the context image in the Peppa Pig video into the Wolfoo video. Although EO did not provide clear evidence of which Wolfoo video infringed the specific content/image in the Peppa Pig video, YouTube still removed/removed more than 3,000 Wolfoo videos that were taken down/removed from the platform, cause particularly severe damage to Sconnect.
In July 2023, EO reported the copyright to 18 Wolfoo videos on the grounds that Sconnect was using audio in the Peppa Pig video. The audio copyrighted videos only take up 1 second / 1 video, with exclamation sounds in the characters’ stories, specifically the sounds: “Hurray”, “oh”, “laughter”, “” wow”, “huh”, “hmm”.
Responding to EO’s complaint about copyright of background images and sounds, Sconnect asserted that EO’s copyright reporting behavior for background images and sounds used in Wolfoo video is baseless. , for the following reasons: EO and YouTube do not provide clear evidence, it is not clear which Wolfoo video violates the specific content/sound in the Peppa Pig video.
“The scenes and contexts in the Wolfoo video were all created by Sconnect’s staff. The sounds are recorded directly from Vietnamese voice actors. These images and sounds are created based on creative materials and principles in accordance with Vietnamese law. Therefore, EO’s reporting of copyright infringement for scenes, backgrounds, sounds and YouTube’s acceptance of EO’s reports to remove/remove Sconnect’s Wolfoo video is groundless and illegal. “, Lawyer Pham Van Anh, Head of Legal Department of Sconnect affirmed.
Also according to Lawyer Pham Van Anh, the above sounds are interjections that are easily encountered in everyday conversations and are commonly used around the world. The words that make up these sounds are not an important ingredient to create the content of the work, are not owned by any subject and are not the subject of intellectual property protection.
Sconnect side said, the business has made great efforts to communicate with YouTube to properly comply with the platform’s policies and comply with the provisions of Vietnamese law in Decree 17/2023/ND-CP, but still not approved. Google/YouTube rep responds. Until July 28, 2023, Google/Youtube continued to accept EO’s copyright reports, continuing to copyright Wolfoo videos on YouTube. More than 3,000 Wolfoo videos have been removed from YouTube to date, and the number of deleted, unrecoverable videos continues to grow.
The Wolfoo videos on YouTube are the subject of dispute in the case being handled by the Hanoi Court and the UK High Court, so far no court has issued a decision to block/delete the video. Wolfoo, so YouTube’s continued blocking/removal of Wolfoo videos is against the provisions of Article 114 of Decree 17/2023/ND-CP.
Phuong Thao