Question: I am a professional photographer and the owner of the copyright in a photography in USA. It has come to my attention those three quite big websites in Vietnam use my artwork without permission.
These actions clearly constitute willful copyright infringement.
I sent them email in English and Vietnamese, but they don’t reply and only one deleted my artwork.
I would like to institute copyright infringement litigation against them and seek statutory damages up to $50,000.
Can you help me to do it on contingency or maybe you know someone who can?
Answer: Thanks for your following letter related to copyright infringement to your photos. As the leading Copyright Law Firm and also lawyers of Microsoft in Vietnam, it is strongly believed that we could help you to solve this issue.
Even the copyright right issues in Vietnam are quite complicated, we are usually deal with the cases like that.
1. Step 1: Recording the proof by a Vietnamese Authority
Recording the proof of infringement. Under the law of Vietnam, we need one Vietnamese authority to record and verify such proof. Otherwise, this site could delete it after we start working with them. Then, the proof shall no longer exist. Even you could take screenshot of their infringement by yourself, the validity of such screenshot is not really strong. Therefore, it is highly recommended that you should ask Vietnamese authority to record this. We can help you to take this.
Our Fee of recording the infringement of this site: $US250.00
For the case of thoibao.today, since they already deleted your photos, only your screenshot of such infringement are available. We have no choice, but use them as a proof.
2. Step 2: Sending a warning letter to the alleged parties (optional)
After successfully recording their infringement by a Vietnamese authority, we will could send them a warning letter to ask them: delete their infringement and pay the fee of statutory damages and lawyer fee (you could claim this either). There shall be deadline for them to respond to our request. Failing this, we will proceed the the following Step 3.
Our fee for drafting and sending the Warning letter to the alleged parties: $US250.00/01 case
3. Step 3: Bringing the case before the court (this Step 3 could proceed immediately prior to Step 2)
If they fail to follow the above mentioned steps, we shall bring the case before the court to ask for the followings:
+ Statutory damages
+ Lawyer's fee which you have spent sofar
+ Ask them to publicly apology on a newspaper
Our fee for this step is: $US4000/01 case and 20% of total amount which you could claim from the alleged parties.
Payment terms: 50% first, 50% after completion of the case.
4. Required document
- Power of Attorney. You only need to sign for Step 1 and Step 2.
- Power of Attorney. You shall need to notarise by a notary public and then legalise by Vietnamese Embassy
- Proof of your damage: you should explain in more detail why could you claim for 50 000 of statutory damages.
Please review the above advice and revert to us with your opinion so that we could proceed to protect your copyright at the soonest time.
If you have any inquiry, please do not hesitate to contact us.
