Singer Num Kala charged with copyright violations

Singer Num Kala charged with copyright violations

Singer Naphasin Sangsuwan, alias Num Kala, left, arrives at Muang Pattaya police station on Monday evening to answer charges of copyright violation in performing  the ‘90s hit song
Singer Naphasin Sangsuwan, alias Num Kala, left, arrives at Muang Pattaya police station on Monday evening to answer charges of copyright violation in performing the ‘90s hit song "Yam" during his concert tour last year.(Photo by Chaiyot Pupattanapong)

CHON BURI: Naphasin Sangsuwan, alias Num Kala, 36, has reported to Muang Pattaya police to answer charges of copyright violation in concert performances of the popular 1990s hit “Yam”, whose copyright has long been a subject of legal dispute.

The alleged offences carry a penalty of four to six years in prison and/or a fine of 100,000 baht to 800,000 baht.

Accompanied by his lawyer, Mr Naphasin visited the police station on Monday evening to both answer the charges and negotiate with Chanin Warakulnukhro, director of Power Treasure Co, better known as Music Bugs, over the copyright of the song Yam.

The negotiation ended in stalemate after about two hours. Mr Naphasin was released on bail with a surety of 100,000 baht. He acknowledged the copyright violation charges.

Mr Chanin later said the singer had on several occasions violated the copyright of this song owned by Music Bugs and the company had actually tried to initiate talks with him previously, but to no avail.

According to Mr Chanin, a representative of his company had visited the GMM Grammy tower recently requesting a meeting with the singer over the matter. Mr Naphasin refused, prompting Music Bugs to pursue legal action against him.

An arrest warrant was issued for the singer following a concert at Insomnia Club in Pattaya City in November.

“This song is copyrighted and our company holds that copyright. So, when someone has stolen the song we have to ask for it back, or else seek financial compensation as permitted by law,” said Mr Chanin.

He declined to say how much Music Bugs is demanding from Mr Naphasin, or when talks will take place.

Mr Chanin said he had given Mr Naphasim his personal mobile phone number and said to call whenever he is ready for talks. If the talks go well, the charges would be withdrawn.

The entertainer's lawyer, Phaisit Chakhranon, said his client performed the song on several occasions during his nationwide concert tour in November and December last year only because he understood the copyright was held by GMM Grammy, for which he works.

The singer had only later, in January, learned that complaints were lodged with 47 police stations nationwide against him for singing this song. He tried to hold talks with the company holding the copyright but no agreement was reached, the lawyer said.

The legal dispute went on until an arrest warrant was issued after the singer's performance on Nov 23 last year at the Pattaya club.

Mr Naphasin admitted to performing the song, but insisted he did not know before that this ’90s hit had a problem with its copyright.

He would talk to GMM Grammy about what should be done next 

Yam was a singles hit off a 1999 debut album by the band Labanoon, a Muslim trio, then contracted to Music Bugs. The band won public recognition, entering the top 10 in the Hot Wave Music Awards organised by Music Bugs before the band launched its first album.  

Yam was among several of Labanoon’s hits which gave rise to a copyright dispute in 2016 between Genie Records, a sister company of GMM Grammy, and Music Bugs. The dispute ended with Labanoon agreeing to the use of these songs only until July 4 last year, when a three-year contract signed between Music Bugs and GMM Grammy for their use ended.

Labanoon signed a new contract to work for Genie Records in 2014.

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