In the context of digital music dominating the market with AI technology developing rapidly, the global music industry is also facing many opportunities and challenges. In particular, the issue of music copyright management in Vietnam has made important progress in recent years. However, how is copyright management in the music field regulated by law? Please follow VCD’s article below.
1. What is the concept of copyright management rights in the music industry?
Copyright, also known as copyright, according to the provisions of Clause 2, Article 1 of the Intellectual Property Law, copyright is the right of organizations and individuals to the works they create.
Music is one of the indispensable sources of entertainment in human life. With lyrics and melodies that reflect human intelligence and thoughts, they strongly convey human emotions and thoughts, so music brings people happiness and love of life.
Therefore, copyright management in the field of music is the right and responsibility of agencies, organizations, and individuals to protect, exploit, and enforce copyright rights to musical works, including managing property and moral rights to ensure that authors, musicians, and music producers are protected and receive fair compensation for their creative efforts.
2. Copyright management rights in the music field
In Vietnam, music copyright management rights are exercised by state management agencies and collective copyright management (representative) organizations. As follows:
- For state management agencies
According to Article 35 of Decree 22/2018/ND-CP stipulates the authority of agencies to issue, re-issue, change, and invalidate Copyright Registration Certificates and Related Rights Registration Certificates as follows: :
- The Ministry of Culture, Sports and Tourism (Copyright Department) has the authority to issue, re-issue, change, and invalidate Copyright Registration Certificates and Related Rights Registration Certificates according to regulations. specified in Clauses 1 and 2, Article 51 of the Intellectual Property Law.
- Copyright registration certificate and related rights registration certificate are issued according to the provisions of Article 49 and Article 50 of the Intellectual Property Law.
- The Copyright Registration Certificate and Related Rights Registration Certificate are reissued in case the Copyright Registration Certificate or Related Rights Registration Certificate is lost or torn.
- Copyright registration certificate and related rights registration certificate are issued in case of change of copyright owner, related rights owner or change of information about the author or owner. copyright owner, related rights owner, work, performance, sound recording, video recording, broadcast program.
- Copyright registration certificates and related rights registration certificates are invalidated in the cases specified in Clauses 2 and 3, Article 55 of the Intellectual Property Law.
- The Ministry of Culture, Sports and Tourism regulates the forms of Copyright Registration Declaration, Related Rights Registration Declaration, Copyright Registration Certificate, and Related Rights Registration Certificate according to regulations. at Point a, Clause 2, Article 50, and Clause 4, Article 51 of the Intellectual Property Law.
Accordingly, the agency with decision-making authority is the Copyright Office (Ministry of Culture, Sports and Tourism). Information and addresses of the Copyright Office and Representative Offices:
- Head office of the Copyright Department: Address: 33 Alley 294/2 Kim Ma, Ba Dinh District, Hanoi.
- Representative office of the Copyright Department in the City. Ho Chi Minh: Address: 170 Nguyen Dinh Chieu, District 3, City. Ho Chi Minh.
- Representative office of the Copyright Department in Da Nang: Address: 58 Phan Chu Trinh, Hai Chau District, City. Danang.
- For collective organizations (representatives) of copyright
In the Vietnamese legal system, there are many mechanisms to ensure copyright for musical works and rights related to musical works such as intellectual property law, administrative and criminal law. In addition to the self-protection mechanism of subjects in intellectual property legal relations, there are also non-governmental organizations established with the task of protecting the rights and related rights of the owners. in legal relations.
Collective management of copyright is an important mechanism to effectively protect and exploit copyright, especially in the field of music, the ability to license users to use the entire repository of works. Licensing activities are managed by that collective management organization, contributing to promoting the relationship between collective management organizations and other user units.
There are two common methods of collective rights management in Vietnam including:
- First method: organizations and individuals using the work have agreed to pay fees directly to the authors when using their works.
- Second method: authors can sign a contract to authorize the management and exploitation of rights with a collective management organization to receive remuneration for their works.
The exclusive right to use and license to use is the author’s most important right to his or her work. The collective management organization of copyright not only represents the collective nature of the author community but is also a common voice to protect the legitimate rights and interests of authors. However, in reality in Vietnam, copyright violations and non-payment of royalties to authors occur frequently, which not only violates the rights of authors but also shows the actual role of organizations. The collective management of copyright rights is still not respected and appreciated.
In Vietnam, VCD is also an organization that collectively manages copyright and related rights. VCD was established based on practical requirements, showing that the formation of a collective management organization for copyright is an inevitable consequence. In addition to providing registration and exploitation services for copyright and related rights, VCD also meets the need to resolve legal disputes about copyright for artists to protect their legitimate legal interests.
