From Vpop hits to international songs, parody MVs are becoming a “golden land” for content creators to express their wit and personality. However, many people after going viral receive “copyright warnings” from the platform. The question is: Is it a copyright violation to make a parody MV? Let’s find out with VCD in the article below!
What is a parody MV?
“Parody”, also known as a parody version, is a form of recreating an original work (usually a song, MV, movie, or famous clip) from a humorous, satirical, or entertaining perspective. Parody MVs often retain the melody, setting, or plot of the original, but change the lyrics, content, or characters to create a humorous element or reflect society. For example, a famous song is “parodied” in a funny way, or a famous music video is re-filmed with amateur actors to make people laugh.
Because of the inspiration and “borrowing” of many elements from the original work, the copyright issue when filming a parody MV is always a controversial topic: Where is the boundary between “creativity” and “copyright infringement”?
Does filming a parody MV violate copyright?
According to the 2022 Intellectual Property Law, music, cinema, theater, fine arts, photography, and derivative works are all protected by copyright. Article 14 of the 2022 Intellectual Property Law stipulates: “A derivative work is a work created based on an existing work by translating, adapting, transforming, compiling, annotating, selecting…” Thus, a parody MV is considered a type of derivative work, because it uses elements of the original to create new content.
However, Clause 7, Article 28 of the 2022 Intellectual Property Law also clearly states: “The act of making a derivative work without permission from the copyright owner is an act of copyright infringement.”
This means that if you arbitrarily use the music, lyrics, images, context or identifying elements of the original MV to make a parody without asking for permission from the owner, you have violated copyright. Even if you change the lyrics or perform differently, that act is still based on someone else’s creative foundation, so it still needs to be licensed.
If a parody MV is determined to be infringing copyright, the creator may be subject to:
- Video removal, deletion from social media platforms.
- Administrative fine of 15-35 million VND (according to Decree 131/2020/ND-CP).
- Compensation for civil damages if the owner proves loss of reputation or revenue.
- In serious cases, criminal prosecution may be carried out if the violation is of a large commercial nature and high profit.
When is a parody MV considered legal?
Not all parodies violate the law. The law allows some exceptions to use works without permission, if specific conditions are met.
Parody for non-commercial purposes
According to Article 25 of the Intellectual Property Law 2022, individuals can use published works for research, teaching, commentary, or personal illustration purposes, as long as it does not affect the author’s commercial exploitation rights.
For example:
- Students make parodies for artistic creation competitions or for study purposes.
- Groups make parodies to satirize society, comment on culture, but do not post advertisements or make money.
In these cases, parody can be considered legal if it ensures the factor of “non-commercial and does not damage the honor and reputation of the original work”.
With the author’s consent or license
If the MV parody has a commercial purpose (for example, posting on YouTube to make money, PR for a brand, advertise a product, etc.), you must ask for permission from the copyright owner of the original work.
Permission can be obtained by:
- Written copyright agreement with the musician, singer, or original MV production company.
- Paying royalties or signing a derivative rights transfer contract.
Only with a valid license are you allowed to:
- Use original music or beats.
- Re-edit similar footage or visual styles.
- Release parody MVs on social media platforms or commercial channels.
If you do not ask for permission, even if you write “just a parody – not intended to offend”, you can still be sued or have your video removed at the request of the copyright owner.
Do not distort or insult the original work
Article 28 of the Intellectual Property Law 2022 also lists the act of distorting, cutting, or distorting the content of the original work as an infringement of the author’s personal rights.
Therefore, if the parody contains elements of ridicule, defamation, distortion of message, or misunderstanding, affecting the reputation of the original work or the creator, the video is still considered an infringement, even if you do not make money from it.
Above are the shares from VCD revolving around the topic “Does shooting a parody MV violate copyright?” Hopefully the article will help you better understand the related regulations, thereby knowing how to create a parody MV legally, safely and still maintain the uniqueness of each product.
Sincerely,
FAQ
To make a parody MV legal, you should ask for written permission from the copyright owner, clearly state the source of the original work, and limit the copying of the music, lyrics, or images. This helps avoid legal risks and protects the rights of both parties.
If a parody MV uses the original work without permission, making money can infringe on ownership and lead to lawsuits or content removal. Only with a clear license or copyright are you allowed to legally make money from parody MVs.