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Registering Music Copyright (Songs): Procedures, Costs, and Where to Register

Music is a valuable intellectual property asset, embodying the creative efforts of composers, singers, and producers. Registering music copyright establishes a legal basis to protect songs and recordings against unauthorized copying or exploitation. Let’s explore the registration process and methods for protecting music copyright with VCD in the article below!

1. What is music copyright registration?

Music is a type of work protected under copyright law. A finished musical product often comprises multiple elements, such as melody, lyrics, arrangements, audio recordings, video recordings, and performances. Each element may be protected by different rights as stipulated by law.

Although copyright arises the moment a work is created and expressed in a tangible form, registering music copyright offers significant benefits regarding the exploitation and protection of the owner's rights.

a. Copyright (music, lyrics) and related rights (recordings)

People often confuse copyright with related rights. In reality, these are two entirely distinct categories of rights.

Copyright

Copyright protects the creative aspects of a song, including the melody, lyrics, instrumental works, and musical arrangements, provided they meet the criteria for a creative work.

The author has the right to: be named as the author; publish or authorize the publication of the work; reproduce, perform, distribute, and authorize others to exploit the work; and receive royalties.

Related rights

In addition to copyright, the law protects related rights concerning: audio recordings, video recordings, performances, and broadcasts.

Example: A song might be composed by Musician A, performed by Singer B, and produced by Company C (which invested in the recording). In this scenario:

  • Composer A holds the copyright to the song.
  • Singer B holds related rights regarding the performance.
  • Company C holds related rights regarding the sound recording.

Therefore, when exploiting or using a song, it is necessary to fully consider all rights holders to avoid legal violations.

b. Why register music copyrights?

Although copyright is established automatically, registering music copyrights offers numerous practical benefits, such as:

  • Establishing legal ownership of the song or recording.
  • Facilitating the resolution of copyright disputes.
  • Simplifying the licensing and transfer of rights.
  • Enhancing the commercial value of the work.
  • Supporting requests to remove infringing content from digital platforms.
  • Serving as a crucial basis for claiming damages resulting from copyright infringement.

For professional musicians, singers, or producers, registering music copyrights immediately after completing a work is an effective way to protect their creative output.

2. What musical elements are eligible for protection?

A musical product comprises not only the song itself but also various other components. Each component may be protected independently, provided it meets the conditions stipulated by law.

Accurately identifying the elements requiring protection enables the owner to select the appropriate form of copyright registration and ensures comprehensive protection coverage.

a. Musical works and sound recordings

Elements commonly protected under music copyright registration include:

Musical works

This refers to the core creative aspects of a song, including: instrumental music, vocal songs, melodies, lyrics, choral arrangements, film scores, advertising music, children's music, electronic music, orchestral or solo pieces, and sound recordings.

Examples: WAV files, MP3 files, music albums, EPs, studio recordings, and recorded live sessions.

Audiovisual recordings

If a song is produced in formats such as music videos (MVs), live concert footage, lyric videos, or performance videos, the visual recording component may also be protected under regulations concerning "related rights."

b. Who holds the rights?

In practice, the creator is not always the sole holder of all rights to the work.

Depending on the specific circumstances, the rights holder could be the composer, co-authors, the singer, the music producer, an entertainment company, a record label, an entity to which rights have been transferred, or an organization tasked with investing in the creation.

Examples:

If a musician composes a song under a contract with an entertainment company, the economic rights may belong to the company, subject to the agreement between the parties.

For a producer creating an arrangement under a service contract, ownership rights regarding their creative contribution must also be clearly defined.

A record label that fully funds the production costs of an album may become the holder of related rights regarding the sound recording. To minimize disputes, the parties should enter into a contract that clearly defines copyright, related rights, and commercial exploitation rights right from the start of their collaboration.

3. Application dossier for song/musical composition copyright registration

To ensure a smooth copyright registration process, the owner must prepare a complete dossier in accordance with regulations.

a. Musical score, lyrics, and recording

For musical works, the dossier typically includes:

  • Copyright registration declaration form.
  • Musical score (staff notation or musical notation).
  • Lyrics (if applicable).
  • Demo recording or audio recording of the song (if applicable).
  • Documents proving ownership if the owner is not the author.

For audio recordings, the dossier typically includes:

  • Complete audio recording file.
  • List of participants involved in the recording (if applicable).
  • Documents proving ownership of the audio recording.
  • Written agreement between relevant parties (in cases of joint ownership).

Preparing all necessary documents from the outset helps minimize the need for amendments or supplements to the copyright registration dossier during processing.

b. Author's documentation

In addition to the work being registered, the applicant must prepare legal documents such as:

  • Copies of identification documents of the author or owner.
  • Enterprise Registration Certificate (for organizations).
  • Power of attorney if filing through a representative agency.
  • Document regarding the transfer of copyright or related rights (if applicable).
  • Written consent from co-authors or co-owners if the work was created by multiple individuals.

For songs composed under contract or assigned tasks, additional documents proving ownership of the work must be prepared to avoid future disputes.

4. Where can I register a music copyright, and is online registration possible?

Once the application dossier is complete, the owner may submit it directly or through an authorized entity to carry out the copyright registration procedure.

a. Copyright Office of Vietnam

Currently, applications for the registration of copyright and related rights are accepted at the Copyright Office of Vietnam and its designated representative offices.

Applicants for music copyright registration have the following options:

  • Submit the application directly to the receiving agency.
  • Send the application by post.
  • Authorize a copyright representation organization to handle the entire procedure.

Upon receipt of a valid application, the competent authority will conduct an appraisal and issue a Certificate of Copyright Registration or Certificate of Registration of Related Rights in accordance with regulations.

b. Online registration

Currently, individuals and businesses can carry out certain copyright registration procedures via the Public Service Portal, provided they meet the prescribed conditions.

However, in practice, many applications still require the submission of hard copies or original documents to finalize the processing. Therefore, for works of high commercial value or complex applications, many individuals and businesses choose to use the services of a representation organization to assist with dossier preparation, progress monitoring, and the handling of any arising requirements.

5. Costs of Music Copyright Registration

One of the key concerns for musicians, singers, and businesses is the cost of copyright registration. In practice, the total cost comprises state fees and service fees (if a representative agency is engaged).

a. State Fees

Fees for registering copyright and related rights are determined based on the fee schedule prescribed by the competent state authority.

Fee amounts may vary depending on:

  • The type of work being registered.
  • The subject matter of protection.
  • Whether it concerns copyright or related rights.
  • The number of works included in the application dossier.

Applicants should verify the latest fee rates at the time of filing to ensure they have sufficient funds prepared.

b. Service Fees

In addition to state fees, owners will incur service fees if they engage a professional service provider for music copyright registration.

Typically, the consulting firm provides the following support:

  • Advising on the identification of the subject matter for protection.
  • Verifying ownership rights regarding the work.
  • Drafting the application dossier in compliance with regulations.
  • Representing the client in filing the application and liaising with competent authorities.
  • Monitoring the processing status.
  • Assisting with necessary amendments or supplements to the dossier.
  • Receiving and handing over the Certificate to the client.

For entertainment companies, record labels, or businesses owning extensive catalogs of songs, utilizing professional services not only saves time but also minimizes errors and increases the likelihood of the application being accepted and processed promptly.

6. Protecting music copyrights on YouTube

a. Content ID for recordings

Content ID is YouTube’s copyright management system, enabling owners of audio recordings to automatically detect videos that use their registered audio content.

Once a recording is entered into the Content ID system, YouTube automatically scans the entire platform to match it against uploaded videos. If a match is found, the owner can choose from the following options:

  • Track analytics for the video using the recording.
  • Allow the video to remain visible and collect advertising revenue.
  • Restrict or block the video in specific countries.
  • Completely block the infringing video on YouTube.

For music producers, entertainment companies, or artists with extensive catalogs, Content ID is a crucial tool for managing exploitation rights and protecting revenue generated from audio recordings.

b. Handling infringements

Upon discovering the unauthorized use of a song or recording, the owner may take measures such as:

  • Contacting the infringing party directly to demand the cessation of unauthorized use.
  • Issuing a takedown notice to have the infringing content removed from the digital platform.
  • Claiming compensation for damages if the unauthorized use has adversely affected their legitimate rights and interests.
  • Filing a lawsuit or requesting that competent authorities handle the matter in accordance with the law.

7. Services & FAQs

a. Can AI generated music be registered?

Under Vietnamese law, copyright protection applies only to works directly created by humans through intellectual activity. Therefore, a song created entirely by artificial intelligence (AI) without significant human creative input may not qualify for copyright protection.

However, if AI serves merely as a supporting tool during the composition processwhile a human directly creates the melody, lyrics, and arrangement, or edits and finalizes the workthe human contributed creative elements may still be eligible for protection under current regulations.

b. Is copyright registration for songs mandatory?

No. Copyright arises the moment a work is created and expressed in a tangible form. However, registering a music copyright facilitates proof of ownership in the event of disputes or when addressing infringement.

Registering a music copyright not only establishes legal ownership of a song or recording but also serves as a crucial foundation for protecting creative output and realizing long-term commercial value. Should you require assistance with preparing documentation, advice on the scope of protection, or representation in the registration process, VCD is ready to assist you in completing the procedures quickly and in compliance with regulations, effectively safeguarding the value of each work.