Music copyright license

In the process of exploiting and using music for communication, business, or entertainment purposes, a music copyright license is an important legal basis that helps individuals and organizations use the work legally. Lack of understanding or neglecting the licensing procedure can lead to the risk of copyright infringement and legal penalties. This article will provide detailed information about music copyright licenses.

What is a music copyright license?

A music copyright license is a legal document issued by the copyright owner or their legally authorized representative to another individual or organization, permitting the use of a musical work within the agreed scope, purpose, duration, and form.

According to Vietnam’s Intellectual Property Law, music is a copyrighted work, including: songs, instrumental music, arrangements, beats, sound and video recordings, etc. The use of these works for commercial exploitation or widespread distribution requires a legal music copyright license, except for certain exceptions as stipulated by law.

When is a music copyright license required?

Not all uses of music require a license; however, in practice, most music exploitation activities require a license, especially when there is a commercial element. Some common cases requiring a music copyright license include:

Using music on YouTube, TikTok, and Facebook

• Adding music to publicly uploaded videos

• Livestreaming with background music

• Advertising videos, product and brand introductions

Without a license, videos may be subject to copyright claims/strikes, monetization may be disabled, or they may be removed from the platform.

Playing music at business locations

• Cafes, restaurants, hotels

• Spas, gyms, shopping malls

• Cinemas, amusement parks

Even if only background music is played, business owners must still obtain a license and pay royalties as required.

Organizing events, performances, and art programs

• Live music shows

• Corporate events, opening ceremonies

• Ticketed or sponsored performances

• Using music in films, TV commercials, and advertisements

• Television and online advertising

• Corporate introductory videos

• Short films, feature films, documentaries

Procedures for applying for music copyright licenses

In reality, the licensing process is not overly complicated, but it requires the applicant to correctly identify the type of rights to be applied for, the correct licensing authority, and provide complete information about the scope of music use. Below is the process for applying for a music copyright license, helping you easily understand and comply with current legal regulations.

Step 1: Identify the work and rights to be applied for

• Song title, author

• Form of use (online distribution, performance, advertising, etc.)

• Scope, duration, and territory of use

Step 2: Contact the owner or representative

Submit a licensing request with detailed information about the purpose of exploiting the music.

Step 3: Agree on copyright fees

The fee for registering a music copyright license depends on the following factors:

• Type of use

• Duration of use

• Scale of exploitation

• Commercial nature

Step 4: Sign the contract and receive the license

After paying the fee, the user will be granted a legal music copyright license or a copyright licensing agreement.

Timeframe for issuing music copyright licenses

According to Clause 15, Article 1 of the 2022 Intellectual Property Law, the processing time for copyright and related rights registration applications is specifically stipulated as follows:

• Within 15 working days from the date the competent state agency receives a complete and valid application, the applicant will be granted a certificate of copyright or related rights registration.

• In case of refusal to issue the certificate, the competent agency is responsible for notifying the applicant in writing and clearly stating the reasons for not approving the certificate in accordance with the law.

Validity of music copyright licenses

The certificate of copyright or related rights registration is legally valid throughout the entire territory of Vietnam, without being limited by locality or place of issuance. This document is an important basis for confirming legal ownership of musical works and protecting the rights of authors and owners in case of disputes.

For certificates issued before the effective date of the amended and supplemented Intellectual Property Law, they continue to be recognized and retain their legal validity according to current regulations; no re-registration procedure is required.

The above article, “Music copyright license,” helps you understand the legal regulations related to the use and exploitation of musical works. Proactively obtaining a complete copyright license not only helps avoid the risk of penalties but also ensures your legal rights throughout the usage process.

Sincerely,

FAQ