In the context of music being increasingly exploited on digital platforms, checking music copyright has become a crucial step to avoid unnecessary legal risks. So how do you check song copyright in Vietnam? This article from VCD will provide detailed instructions on how to check music copyright in the easiest and most accurate way.
What is music copyright?
According to Clause 2, Article 4 of the 2005 Intellectual Property Law, music copyright is the right of an organization or individual to a musical work created or owned by them. Copyright arises as soon as the work is expressed in a certain physical form, regardless of whether it has been published or registered.
Copyright for musical works is divided into two basic groups of rights: moral rights and property rights. According to Article 19 of the Intellectual Property Law, moral rights are inherent to the author, including the right to have their name credited when the work is used, the right to publish or permit the publication of the work, and the right to protect the integrity of the work, preventing others from modifying or abridging it in a way that affects the author’s reputation. Simultaneously, Article 20 stipulates property rights, allowing the author or owner to exploit the economic value of the musical work through forms such as transfer, licensing, public performance, or exploitation on media platforms. This is the basis for musical works to generate legitimate income for the creator.
In Vietnam, the Copyright Office under the Ministry of Culture, Sports and Tourism is the competent authority to manage and issue copyright registration certificates and is also the central point for searching music copyright information.
Why register music copyright?
In principle, copyright arises automatically when a work is created. However, registering music copyrights remains necessary and offers many important benefits.
- Confirming legal ownership: A copyright registration certificate is clear legal evidence confirming your ownership of the musical work, especially important in case of disputes.
- Easier commercial exploitation: Once copyright is registered, the work can be: licensed for use; transferred or assigned; and royalties collected from platforms and users. This provides a basis for protecting the economic interests of musicians, producers, and publishers.
- Reducing the risk of copyright infringement: Registration makes it easier to prove unauthorized copying or use, facilitates requests to remove infringing content, and increases the effectiveness of handling copyright complaints on digital platforms.
- Creating an advantage in dispute resolution: In case of disputes, copyright certificates shorten the time and cost of resolution, while enhancing the ability to protect legitimate rights.
The most detailed guide to searching for music copyrights
Searching for music copyrights in Vietnam is not just a simple technical operation; it also requires the person performing the search to have a thorough understanding of the copyright management system and related contacts. Below is the process for searching for music copyrights, compiled from current legal regulations and practical experience.
Step 1: Gather and identify information about the work
Before conducting the search, you need to prepare all the data related to the musical work, such as: song title, name of author or co-author, date of composition, date of publication (if any), and information on whether copyright has been registered. The more detailed the information provided, the higher the accuracy of the search and the more time it saves. In cases where the work has previously been registered with the Copyright Office, this information will be crucial for cross-referencing the records.
Step 2: Search at the copyright office
The Copyright Office is the state agency authorized to receive and manage copyright and related rights registration applications in Vietnam. Searchers can access information through the Office’s official website. However, if the online system is not fully supported or is under maintenance, you should proactively contact the Office directly via email or phone at their representative offices in Hanoi and Ho Chi Minh City for specific guidance. Direct communication ensures a faster and more accurate search process.
Step 3: Check data at the VCPMC Center
The Vietnam Copyright Protection Center for Music (VCPMC) is the only unit in Vietnam authorized to collectively manage music copyrights under authorization. For works authorized by the author or owner to VCPMC, you can look up information through the Center’s online system. After logging in, users access the catalog of authorized works to check the copyright status. If you do not have an account, you need to contact VCPMC directly for assistance in obtaining access to the system.
Step 4: Compare, verify, and store the search results
Once you have the results, carefully review important information such as: Author’s name, copyright owner, scope of protected rights, and protection period. According to Article 27 of the 2022 Intellectual Property Law, copyright for musical works is protected throughout the author’s lifetime and for an additional 50 years from the year of the author’s death. All search results should be fully stored for legal use, signing exploitation contracts, or as a basis for resolving future disputes.
The above is the complete content on “How to search for music copyright,” helping you understand the concept, search process, and legal issues when using musical works. Proactively checking copyright not only helps protect the legal rights and interests of authors and owners but also minimizes the risk of infringement during the exploitation and use of works.
Sincerely,
According to Vietnamese law, checking music copyright is not a mandatory procedure. Copyright in musical works is automatically established as soon as the work is created and expressed in a certain physical form. However, checking is still very necessary to verify the legal status of the work, thereby limiting the risk of mistakenly using a work already owned by someone else and avoiding unwanted infringement.
The cost of checking music copyright is not fixed and depends on the method of execution. Individuals or organizations who check information themselves through the VCPMC system usually do not incur any costs. Conversely, if you use legal support services or authorize a professional firm to handle it, the cost can range from approximately 1,000,000 to 3,000,000 VND, depending on the scope and complexity of the search request.