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Author: Editor VCD

Is it a copyright violation to make a parody MV?

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.
Is it a copyright violation to make a parody MV?

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

1. How to make a parody MV without violating copyright?

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.

2. Are parody MVs allowed to make money from advertising or commerce?

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.

Is re-uploading a movie trailer a copyright violation?

Many people think that movie trailers are promotional content, so they can freely re-upload them on social media platforms. However, not everyone knows that trailers are also copyrighted works. If you re-upload them without the consent of the producer or distributor, you can be considered to have violated copyright. So, is re-uploading a movie trailer a copyright violation? Let’s find out more in this article with VCD.

What is a movie trailer?

A movie trailer is a short video clip taken from the content or images of a movie to introduce and promote the work before its release. Usually, trailers are created by the producer or distributor of the movie, and are intended for advertising and media orientation.

Even though it is for promotional purposes, movie trailers are still considered a derivative work under the intellectual property rights of the movie owner, including copyright and related rights. Therefore, the reuse of trailers without permission needs to be carefully considered from a legal perspective.

Legal basis for copyright in movie trailers

According to Article 4 of the Intellectual Property Law 2022, copyright is protected for “cinematic works and works expressed by means similar to cinematography”. Movie trailers, even if they are just summaries or cuts, are still within the scope of protection of cinematographic works, if created by the owner.

In addition, Article 28 of the Intellectual Property Law 2022 clearly stipulates acts of copyright infringement, including:

  • “Copying works without permission from the copyright owner”;
  • “Communicating works to the public without permission from the copyright owner”;
  • “Using works without clearly stating the source and origin”.

So, if you re-upload a movie trailer without permission or without complying with the citation regulations, that action may be considered copyright infringement.

Is re-uploading a movie trailer a copyright violation?

Is re-uploading a movie trailer a copyright violation?

There are three common cases where users accidentally (or intentionally) violate copyright when sharing movie trailers:

  • Case 1: Re-uploading trailers on personal channels to attract views or make money. Many people often download movie trailers from official channels and re-upload them on personal accounts with the aim of increasing interaction, attracting viewers or enabling monetization. This action is considered illegal copying and commercial exploitation, violating the property rights of movie owners according to Article 20 of the Intellectual Property Law 2022.
  • Case 2: Cutting, editing trailers to re-upload. When users cut trailers, add subtitles, add music, insert personal logos or effects and then post them, this action can be considered as making derivative works without permission (Article 28, Clause 7 of the Intellectual Property Law 2022). Even if it is just a “light edit” or “remix for fun”, if permission is not asked, it is still considered a violation.
  • Case 3: Reposting trailers without citing the source or without permission. If you take trailers from foreign movie sites, websites or social networking platforms without citing the source or without permission from the owner, this is an act of infringing on the author’s personal rights.

Depending on the severity of the violation, the person reposting the movie trailer may be subject to administrative sanctions or civil prosecution.

Pursuant to Decree 28/2017/ND-CP, copyright infringement can be subject to:

  • Fines from VND 15,000,000 to VND 35,000,000 for copying, distributing, and transmitting works without permission;
  • Forced removal of infringing videos, public apologies, and compensation for damages if they affect the reputation or economic interests of the owner.

For social networking platforms, accounts that repeatedly infringe copyright can be subject to:

  • Warnings, monetization features blocked;
  • Video removal, channel deletion, or account suspension;
  • Even civil lawsuits if they cause serious damage.

Cases in which movie trailers are allowed to be used without copyright infringement

Not all cases of posting trailers are violations. The law also allows for some reasonable exceptions to serve legitimate purposes, as stipulated in Article 25 of the Intellectual Property Law 2022.

Some cases where movie trailers are allowed to be used without permission or paying royalties include:

  • Reasonable quotations for commentary, introduction, criticism or illustration, with the source, author and owner clearly stated;
  • Use for informational and journalistic purposes, for example: reporting on upcoming movies in news bulletins or articles introducing cinema;
  • Teaching and research in an academic environment (not for commercial purposes).

However, these exceptions are only legal if the quotation does not distort the trailer content and does not affect the owner’s legitimate commercial exploitation rights. In other words, you should only use the trailer within the scope of “introduction – commentary – information”, not post the entire trailer on your personal channel for profit.

FAQ

1. Are movie trailers considered copyrighted works?

Yes. Movie trailers are considered copyrighted cinematographic/performance works, so any act of copying, posting, distributing without permission can be considered copyright infringement.

2. Are there any cases where posting movie trailers is legal?

Posting trailers is legal if it is for educational purposes, commentary, criticism, research and fair use, and does not cause economic loss to the copyright owner.

Is cosplaying characters on product packaging a copyright violation?

Nowadays, cosplaying is not only a personal hobby but is also used by many brands to promote their products. However, cosplaying characters appearing on product packaging can potentially infringe copyright if it does not comply with legal regulations. So specifically, is cosplaying characters on product packaging a copyright violation and when is it considered legal? Let’s find out more details in the article below with VCD.

What is cosplaying characters on product packaging?

Cosplay (short for “costume play”) is a form of dressing up and re-enacting the image of a character in a movie, comic, game or a brand. When these characters appear on product packaging such as cake boxes, cans of water, cosmetics or toys, many people think that dressing up like them is just a normal creative or promotional activity.

However, if the character is designed, drawn or created by a party with intellectual property rights, cosplaying or using the character’s image on product packaging without permission may result in copyright or trademark infringement.

Character image copyright

According to the 2022 Vietnamese Intellectual Property Law, characters in cinematographic works, comics, animations or video games are considered works of applied art or plastic works, and are protected by copyright.

Clause 1, Article 14 of the 2022 Intellectual Property Law clearly states: “Works protected by copyright include literary, artistic and scientific works in all forms, including plastic works and applied art works.”

Thus, the character image shown on product packaging is also within the scope of protection. If an individual or business cosplays that character to promote a product, or uses the cosplay image for commercial purposes, it may be considered an infringement of the copyright or trademark rights of the owner.

Is cosplaying characters on product packaging a copyright violation?

Is cosplaying characters on product packaging a copyright violation??

Cosplaying a character on product packaging may be considered a copyright infringement if it falls into one of the following cases:

  • Without the owner’s permission: Even if you only “transform” into the character, if the image is used for advertising, printing, or business, you still need to ask for permission or sign a copyright contract.
  • Using a character with a registered trademark: For example, cosplaying Pikachu, Doraemon, or Marvel are all under the management of large intellectual property companies.
  • Causing confusion or taking advantage of reputation: When consumers think that the product is officially linked to the original brand, this behavior may be considered an infringement of trademark rights or unfair competition.

According to Article 28 of the 2022 Intellectual Property Law, the act of “using, copying, or displaying a work without the permission of the copyright owner” is considered a violation and may be subject to administrative or criminal sanctions depending on the severity.

Depending on the severity, the violation may be subject to administrative or criminal sanctions according to Vietnamese law:

  • Administrative sanctions: The fine can be up to VND 250 million for the violating organization.
  • Civil compensation: The copyright owner may request compensation for damages, a public apology, or the cessation of use of the infringing image.
  • Criminal sanctions: In serious cases (e.g., copying, mass production, causing great damage), the violator may be imprisoned for up to 3 years according to Article 225 of the 2017 Penal Code.

When is it allowed to cosplay characters on packaging?

Not all cosplay of characters on packaging is considered an infringement. If one of the following conditions is met, you can use it legally:

  • Written permission from the copyright owner: This is the safest and most professional way. Usually, businesses will buy the right to use the image for a certain period of time.
  • Public domain work: If the character has expired copyright protection (50 years after the author’s death under Vietnamese law), you can use it without permission.
  • Non-commercial cosplay: If you only cosplay to share art, take personal photos or serve learning purposes, not for advertising, it is not considered an infringement.
  • Not misleading or unfair competition: If the product or image does not make consumers think that you are “affiliated” with the original brand, it can be considered acceptable.

In short, cosplay is a creative art form, but when it is used commercially or in advertising, it needs to be carefully considered from a legal perspective on copyright and trademark. If you cosplay a character on product packaging without permission from the owner, that action may be considered a violation of copyright or trademark rights.

Above is VCD’s sharing on “Is cosplaying a character on product packaging a violation of copyright?”. Correctly understanding and complying with copyright regulations not only helps you protect your business from legal risks, but also contributes to building a creative environment that respects intellectual property rights.

Sincerely,

1. Is it a copyright violation if you only post cosplay photos on social media?

You may be warned or have your post removed on social media platforms if the content is identified as a copyrighted work. Citing the source or quoting is not a substitute for asking permission from the owner.

2. How to cosplay characters on product packaging without violating copyright?

You should ask permission from the copyright owner, or only create non-commercial, entertaining content, and not copy the image in its entirety. In addition, you can create variations of the character to avoid legal risks.

When changing the copyright owner of a work, is it necessary to re-register?

In creative and business activities, changing the copyright owner is quite common, arising from transactions such as transfer, donation, inheritance or business merger. Whenever there is a change in the subject holding the ownership of a work, the issue of concern is often whether it is necessary to re-register the copyright to ensure legal value. The following article from VCD will help you.

What is changing the copyright owner?

Changing the copyright owner is the transfer of legal ownership of a work from one organization or individual to another, giving rise to a new subject with the right to possess, use and dispose of the property rights of the work. According to Article 45 of the 2005 Law on Intellectual Property, amended and supplemented in 2022, the transfer of copyright is the transfer of ownership by the copyright owner to another organization or individual under a written contract. The transfer contract must clearly state the content of the rights to be transferred, the price, payment method and the rights and obligations of the parties.

In addition to the form of transfer, the law also recognizes the change of ownership through inheritance (as prescribed in Article 40 of the Law on Intellectual Property) or by decision of a competent authority in some special cases. After completing the procedure, the new owner will enjoy all property rights to the work, including the right to copy, distribute, communicate, lease, adapt… as prescribed in Article 20 of the Law on Intellectual Property.

However, the change of ownership only applies to property rights, while the author’s personal rights such as the right to name, the right to have the real name on the work, the right to protect the integrity of the work cannot be transferred (Article 19 of the Law on Intellectual Property). This demonstrates the principle of respecting the honor, reputation and spiritual connection of the author to the work he/she created.

When changing the copyright owner of a work, is it necessary to re-register?

When changing the copyright owner of a work, is it necessary to re-register?

According to the provisions of Vietnamese law, when changing the copyright owner of a work, it is not required to re-register the copyright, because this right automatically arises from the time the work is created and expressed in a certain material form, according to Article 6 of the 2005 Law on Intellectual Property, amended and supplemented in 2022. However, in practice, recording the change of ownership at the Copyright Office is necessary and encouraged to ensure a clear legal basis for the new owner in the process of managing, exploiting and protecting their rights.

Pursuant to Decree No. 17/2023/ND-CP guiding the Law on Intellectual Property, in case the work has been granted a Certificate of Copyright Registration, if there is a change of ownership due to transfer, donation, inheritance, merger or division of an organization, the new owner has the right to submit a request to record the change of information on the Certificate. This file usually includes: the application for a replacement of the Copyright Registration Certificate, the original of the issued Copyright Certificate, the contract or legal document proving the transfer of rights (such as a transfer contract, donation contract, inheritance document, etc.), and a copy of the new owner’s legal documents.

After receiving and reviewing the valid file, the Copyright Office will record the change and issue a new Certificate in the name of the new owner of the copyright. This does not create or terminate copyright, but only has the meaning of establishing and publicizing legal information about the person holding property rights to that work.

In reality, in many cases where disputes arise over the right to exploit, transfer, or use a work, having a Copyright Certificate in the name of the current owner will be important legal evidence to help protect rights before state agencies, courts, or when working with partners and international organizations.

Therefore, the law does not require re-registration of copyright when changing ownership, it is necessary to carry out the procedure for recording changes, contributing to ensuring transparency, avoiding legal risks and improving the effectiveness of copyright protection in practice.

Above is the article “When changing the copyright owner of a work, is it necessary to re-register?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Question 1: When changing the copyright owner of a work, is it necessary to re-register?

Answer: Re-registration is not required, but the change should be recorded at the Copyright Office to ensure legal rights.

Question 2: What cases lead to a change of copyright owner?

Answer: A change of ownership can occur due to transfer, donation, inheritance, merger or division of an organization.

Is it a copyright violation to record a puppet show video and post it on social media?

Puppetry is a traditional art form with a strong Vietnamese identity, often recorded and shared by audiences on social media. However, not everyone knows that recording a puppet show video and posting it publicly may be related to copyright and performance copyright. Let’s find out more with VCD to avoid accidentally violating the law.

What is a puppet show video?

Puppetry is a traditional theatrical art form in which artists manipulate puppets with strings, sticks or hands to recreate folk tales, ancient stories or educational and entertaining content. In Vietnam, water puppetry is a prominent feature, bearing a strong national cultural imprint and is loved by many domestic and foreign tourists.

A puppet show video is a recording (or live broadcast) of a puppet show performance, which can be filmed by:

  • The organizing unit itself, the theater, or the art troupe;
  • Or the audience uses phones and cameras to record and share on social networks.

In essence, puppetry videos can contain many creative elements: script content, dialogue, music, setting, props and performance of the performer. Therefore, filming and posting these videos is directly related to the copyright and related rights of many individuals and organizations.

Is filming puppetry videos posted on social networks a copyright violation?

Recording and posting puppetry performances on social networks seems to be just an act of sharing culture, contributing to promoting Vietnamese folk art to a wide audience. However, in reality, this action has many potential legal risks if not permitted by the author, performing artist or organizing unit. Because each puppet show is a stage work protected by copyright, and unauthorized use and distribution may be considered an infringement of copyright and related rights under current law.

2.1. Puppetry is a protected work

According to Article 14 of the 2022 Law on Intellectual Property, the types of works protected by copyright include: “Theatrical works, including plays, cheo, tuong, cai luong, puppetry and other forms of performing arts.”

Thus, puppetry is protected by law as a stage work. Copyright arises from the moment the work is created and expressed in a certain material form (e.g., script, props, staging, music, etc.). That is, even if it has not been registered with the Copyright Office, the puppetry work is still protected by law.

2.2. Rights to puppet works

A video recording of a puppet performance is not only a copy of the work, but also contains the rights of the performer and the recording organization. Specifically:

  • Rights of the author / owner of the work: Including the script, dialogue, music, props, stage layout.
  • Rights of the performer: Stipulated in Article 29 of the Intellectual Property Law 2022, including personal rights (being named, protecting the performance image) and property rights (permission to record, broadcast).
  • Rights of the recording producer: If an organization or individual invests in recording the performance, they also hold the rights related to the video product.

That means that anyone who wants to record a puppet video and post it on social networks must have the consent of the above rights holders. If not, depending on the level of violation, copyright infringement can be handled administratively, civilly or criminally.

  • According to Decree 28/2017/ND-CP, copyright violators can be fined up to VND250 million for organizations, and VND125 million for individuals.
  • In addition, copyright owners have the right to request: Removal of infringing videos; Public apologies and corrections; Compensation for damages.
  • If the act is of a serious commercial nature, criminal liability may be prosecuted under Article 225 of the 2017 Penal Code.
Is it a copyright violation to record a puppet show video and post it on social media?

Cases in which it is permitted to film and share puppetry videos

The law allows the use of published works in some exceptional cases without permission or royalties (Article 25 of the 2022 Intellectual Property Law), such as:

  • Use for illustration, teaching, research purposes;
  • Reasonable quotation for commentary, criticism, introduction purposes;
  • Citing sources for non-commercial purposes.

For example: If you film a short clip (10 – 20 seconds) of a puppet show to introduce traditional art, comment or review, and clearly state the source and author, it is not considered a violation. But if you post the entire play or use it to make money from the platform, it is an act of copyright infringement.

Above is VCD’s sharing on the topic Is it a copyright violation to record a puppet show video and post it on social media?”. Hopefully, you have a better understanding of the legal regulations and the meaning of respecting copyright, thereby contributing to preserving and spreading the value of traditional Vietnamese art.

Sincerely,

1. Do you need permission to film and post a puppet show video?

Yes. Filming and posting a puppet show performance on social media is an act of copying and communicating the work to the public. According to Article 20 of the Intellectual Property Law 2022, this is the exclusive right of the copyright owner. If you film and post it without permission from the copyright or related rights owner, that act may be considered an infringement of copyright according to Article 28 of the Intellectual Property Law 2022. However, the law provides for some exceptions that are allowed to be used without permission, as stated in Articles 25 and 32 of the Intellectual Property Law 2022. For example:
– Recording or filming a small part of the performance for teaching or reporting current events,
– Non-commercial use
– Does not affect the normal exploitation of the work or the legitimate rights of the author. Therefore, if you want to post a puppet performance video, you should ask for permission from the copyright owner or the performance organizer to avoid violating the law.

2. If you only film a short part and post it on social networks to share personal feelings, is it a violation?

In the case of only filming a short part of a puppet performance video and posting it on social networks to share personal feelings, not for commercial purposes, it can be considered fair use according to Articles 25 and 32 of the Intellectual Property Law 2022.
However, to be exempt from asking for permission, the poster must ensure the following 3 conditions:
– Only film and post a small, insignificant part of the performance
– Do not affect the normal commercial exploitation of the copyright owner
– Do not distort, edit or cut and paste the content of the work.
If you do not meet the above conditions (For example: Video is too long, has ads, monetization…), you may still be considered to have violated copyright.

How do directors and employees register copyright when creating a work together?

In the context of businesses increasingly focusing on the creative element, it is no longer uncommon for directors and employees to participate in the creation of a work such as a promotional video, computer software, graphic design, song, or media script. However, when a work is created from the contributions of many individuals, especially between managers and employees, the issue of copyright registration becomes more complicated: who is the author, who is the owner, and how should the records be made to ensure the legal rights of all parties? VCD’s article below will help you understand better.

What is copyright? What is the creation of a work?

Current law does not have a specific explanation of “What is copyright?”, however, copyright can be understood as the legal right of an author or owner to his or her work, including the right to use, copy, distribute and display the work. Copyright protects works such as books, music, movies, software and art. It prohibits others from using the work without the permission of the owner. Copyright usually has a certain term, after which the work will become public property.

Copyright, also known as author’s rights, as stipulated in Article 4 of the current Intellectual Property Law, is the right of an organization or individual to the work they create or own.

Creativity is the process by which people create new, unique products in the fields of literature, art or science. It includes the use of imagination, knowledge and skills to turn ideas into a specific work, which can be poetry, stories, music, software, etc. Creativity is the ability to create something new, while composition is the process of realizing that idea into a product.

How do directors and employees register copyright when creating a work together?

  How do directors and employees register copyright when creating a work together?

According to the provisions of the 2005 Law on Intellectual Property of Vietnam, amended and supplemented in 2022, the author is the person who directly creates all or part of the work through his or her intellectual labor. Meanwhile, the copyright owner is the organization or individual who holds the property rights to that work, including the right to copy, distribute, communicate, publish, and allow others to exploit the work.

If both the director and the employee contribute to the creation of the design and programming, they are considered co-authors. However, the ownership of the work may belong to the company or individuals depending on the circumstances of the creation of the work and the agreement between the parties.

In case the work is created within the scope of work

  • When the work is created according to the assigned tasks or during the working process at the company, using the time, facilities and resources of the enterprise, then according to Article 39 of the Law on Intellectual Property, the company (the organization using the labor) is the owner of the property rights to that work.
  • In this case, the Director and the employee are recognized as the authors, demonstrating the creative merit. In which, the Company is the owner of the copyright, has the full right to use, exploit and register for protection. If the parties have a different written agreement (for example, the director and employee are entitled to a share of the exploitation rights), then that agreement will take precedence.

In case the work is created outside the assigned tasks

  • On the contrary, if the work is formed outside the scope of work, that is, not part of the assigned tasks, not using the company’s resources, or done in personal time, then the ownership will belong to the individuals who created the work. In that case, the director and the employee are both co-authors and co-owners of the copyright.
  • In this situation, copyright registration requires a clear written agreement on the ownership ratio, exploitation rights, as well as how to use the work after the certificate is granted, to avoid future disputes.

Copyright registration in this case of co-creation is not only an administrative procedure but also has important legal value. The certificate is evidence of the establishment of rights, helping to protect the work from unauthorized copying and use and is the basis for resolving disputes when they arise.

In particular, in the corporate environment, clearly identifying the author and owner from the beginning also helps to strengthen internal transparency, avoiding misunderstandings between leaders and employees about the rights to intellectual products.

The registration dossier includes the following documents:

  • Copyright registration declaration form according to the form issued by the Ministry of Culture;
  • Two copies of the work requested for protection (print, audio recording, video recording, or software file);
  • Power of attorney (if authorizing a third party to submit the application);
  • Documents proving the right to submit the application: such as the decision to assign tasks, labor contract, co-creation minutes or agreement document;
  • Copies of legal documents of the parties (ID card/CCCD, business registration certificate).

Above is the article “How do directors and employees register copyright when creating a work together?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

If a director and an employee in a company create a work, does the ownership always belong to the company?

The director and employee creating a work together does not mean that the copyright owner always belongs to the company. Only when the work is created under a task, a labor contract or an agreement to assign work for the company’s purpose, the company is the owner of the property rights; but if the work is created outside the scope of work, without assignment, the copyright belongs to the director and employee individually.

What is the status of a director and employee who co-create outside the scope of work of the company?

The director and employee who co-create will register as co-authors and co-owners, or there is another agreement between the parties on the division of ownership.

How to avoid copyright when posting movie review videos

Movie reviews are one of the most popular video formats today, attracting a huge number of viewers. However, along with that attraction comes the “haunting” risk of copyright infringement. Just a few seconds of inserting movie scenes, using original background music or famous dialogue can cause your video to be removed, lose revenue, or even have your channel blocked. So how to review movies without copyright infringement, let’s find out more with VCD!

What is a movie review video?

Movie review videos are a type of content in which the creator (reviewer) analyzes, comments on, and shares personal feelings about a movie. The goal of the video is not only to summarize the content, but also to help viewers understand more deeply about the message, acting, filming techniques, script, or the meaning behind each detail.

Depending on the style, each reviewer can choose a different direction of expression in the movie review video:

  • Emotional review: Recounting the true feelings after watching the movie.
  • In-depth analysis: Focus on the script, images, sound, director.
  • Explaining the ending, Easter Egg, hidden details: Often seen in channels specializing in Marvel, DC, or psychological – detective movies.

However, to make the video more attractive, many people often insert images, sounds, or excerpts from the movie to illustrate the words. This is the reason why the video is copyrighted if not used properly. Therefore, to develop a sustainable channel, each reviewer needs to clearly understand the concept of copyright and the principles of fair use when creating content related to movies.

Understanding copyright in movie review videos

When it comes to movie review videos, many people often mistakenly think that as long as “not posting the full movie” will not violate copyright. However, in reality, the 2022 Vietnamese Intellectual Property Law and the terms of social networking platforms clearly stipulate that all cinematographic works, images, sounds, background music, dialogues, etc. in the film are protected by copyright.

Specifically, Article 20 of the 2022 Intellectual Property Law stipulates: “The author or copyright owner has the exclusive right to perform or authorize others to perform the copying, distribution, screening, and communication of the work to the public.” This means that cutting, quoting, or replaying part of the film content in a review video is still considered an act of copying or communication without the consent of the copyright owner.

However, the law also allows for some legal exceptions. According to Article 25 of the 2022 Intellectual Property Law, quoting a work without distorting the author’s intention, without affecting the normal exploitation of the original work, and clearly stating the source can be considered legal. Therefore, movie review videos are only allowed to use images, sounds, and short clips for the purpose of commenting, commenting, and analyzing, not for commercial purposes or illegal distribution.

How to avoid copyright when posting movie review videos

How to avoid copyright when posting movie review videos

To post movie review videos safely, legally, and still attract viewers, you need to apply many of the following measures at the same time:

  • Only use images and short clips for commentary purposes: According to Article 25 of the 2022 Intellectual Property Law, reasonable citation is allowed if it is for the purpose of illustration, commenting, commenting, or reporting without distorting the original work and clearly stating the source of the quote. Therefore, you should only use short clips (a few seconds) or still images to illustrate the analysis content, absolutely do not post full-length movies, unreleased trailers, or leaked content.
  • Clearly state the source and respect the copyright owner: In the description or right on the video, clearly state: “Images and sounds are taken from the movie [Movie name] – copyrighted by [Producer/Distributor name]. The video is for commentary purposes only, not commercial.” This not only shows respect for copyright but also helps the platform (YouTube, TikTok, etc.) identify your purpose of use as analysis – review, not replaying the original work.
  • Limit the use of background music and original sounds from movies: Many videos are copyrighted not because of the images, but because the sound or background music belongs to the producer. The safe solution is: Use copyright-free music in the library of YouTube Studio, Bensound, or Free Music Archive. If you want to keep the movie sound, insert a commentary (voice-over) or add a distortion effect, reduce the volume, to ensure the purpose of use is analysis and not copying the original.
  • Create unique content: A review video is only truly engaging when it expresses a personal point of view, a creative perspective, not simply a replay of a film. You should focus on: Commenting on the plot, acting, and message of the film; making comparisons, analyzing themes, or cultural perspectives; adding custom graphics, illustrations, or animations instead of the original image.
  • Check carefully before posting: Before publishing, you should check: Does the video contain any unauthorized music, images or clips; does it display a copyright note and a clear origin? If you post it on YouTube, you can try turning on the “Check copyright before publishing” mode in the video upload section to see if you are automatically warned.

Above is “How to avoid copyright when posting movie review videos” to help you better understand the legal regulations and legal ways to create content related to movies. Hopefully this article will help you when creating movie review content.

Sincerely,

1. If you only talk about the movie content without inserting images, is it a copyright violation?

No. According to Article 28 of the Intellectual Property Law 2022, copyright infringement only arises when there is an act of copying, distributing, or using a work without permission. So, if you film or edit your own video with only your own voice or illustrations (without using movie images), then the content does not violate copyright. This is a safe way and is applied by many professional reviewers to avoid having their videos removed.

2. Do you need permission from the producer to make a movie review video?

If you only review, comment, analyze and quote reasonably, then you are not required to ask for permission. But if you want to use images, trailers, soundtracks or movie logos for commercial purposes (advertising, making money), you should contact the producer or publisher directly to ask for legal rights.

Is livestreaming singing other people’s music considered copyright infringement?

Livestreaming singing famous songs on social networks is becoming a popular trend. However, many people accidentally fall into the legal “trap” of using copyrighted music without permission from the author. So, is livestreaming singing other people’s music considered copyright infringement? In the article below, VCD will help you understand the legal regulations on music copyright in the online environment.

  1. What is livestreaming? Current trend of livestreaming singing

“Livestreaming” is a form of live video broadcasting on social networking platforms such as Facebook, TikTok, YouTube, Instagram… allowing users to communicate, share and interact with audiences in real time. With just a phone with a camera and an Internet connection, anyone can become a “live broadcaster”, attracting hundreds, even thousands of viewers at the same time.

Since social media platforms have promoted the livestream feature, this form has quickly become a familiar connection and entertainment tool. And live singing, especially cover singing or online karaoke, has become a real “fever”. On Facebook or TikTok, it is not difficult to come across live singing sessions, where the livestreamer holds the microphone and interacts with viewers through the comment section. A few familiar songs, a little genuine emotion and the ability to connect naturally… are enough to attract tens of thousands of views and shares.

Not just a passion, live singing also opens up real opportunities to make money. Many people have turned their singing hobby into a significant source of income through donations, virtual gifts, advertising contracts, or combined with online sales. A fun live singing session can both entertain, build a personal image, and bring economic benefits.

However, behind those moments of sublimation lies a potential legal risk that not everyone realizes: music copyright infringement. Because most of the songs used in livestreams – from pop music, lyrical music to international music, are works that are protected by copyright.

This means that if you sing or play someone else’s music in a livestream without permission, that action can be considered copyright infringement, whether you are just “singing for fun” or “not charging money”. Many streamers, freelance singers or social media users have accidentally gotten into trouble because they do not understand music copyright regulations, an issue that is increasingly being tightened in today’s digital environment.

Is livestreaming singing other people's music considered copyright infringement?

2. Is livestreaming singing someone else’s music considered copyright infringement?

According to Article 6 and Article 20 of the Intellectual Property Law 2022, copyright arises automatically from the moment a work is created and expressed in a certain material form, without registration. For musical works, copyright includes: Personal rights: Name, title, protect the integrity of the work; property rights: Permission to copy, perform, communicate the work to the public, distribute, import, etc.

Thus, when you livestream singing someone else’s song, you are performing and communicating the work to the public. This is the property right of the copyright owner and if not permitted, that act can be considered a violation of copyright.

However, not all cases of singing someone else’s music are violations. Livestreaming will be considered a copyright infringement if all of the following factors are met:

  • The song is still under copyright protection (usually for the lifetime of the author and 50 years after their death).
  • The livestreamer does not ask for permission or pay royalties to the author, musician, or copyright owner.
  • The livestream is public and shared widely on the network platform, not just within the family.
  • The livestream has commercial elements, for example: receiving donations, advertising products, selling goods, or making money from the platform.

If you satisfy the above conditions, you may be considered to have used the musical work without permission, leading to a violation of the author’s property rights according to the law. They may be handled according to Decree 131/2013/ND-CP with the following fines:

  • From 15 to 35 million VND for performing or transmitting the work without permission.
  • Forced to remove infringing content, publicly apologize and compensate for damages to the copyright owner.
  • In case of a major commercial violation, causing serious damage, the perpetrator may also be prosecuted under Article 225 of the 2015 Penal Code.

Therefore, if you want to livestream singing someone else’s music, you need to:

  • Ask for permission or buy the copyright to use the song from the author, musician, or the Vietnam Center for Music Copyright Protection (VCPMC).
  • Or you should only choose songs that have expired protection, public music or copyright-free music.

The above is an article on “Is livestreaming singing someone else’s music considered a copyright violation?” that VCD wants to share with you. Hopefully you have a better understanding of the regulations on music copyright and what to pay attention to when livestreaming.

Sincerely,

1. If you livestream singing just for fun and don’t charge money, will you be fined?

Even if you don’t charge money or have no commercial purpose, the law still considers this an act of public use of a work. Therefore, if the song is still under protection and you don’t ask for permission, you can still be administratively fined or asked to remove the infringing content. The fine can be up to 35 million VND according to Decree 131/2013/ND-CP.

2. If the singer or musician allows you to livestream, do you still need to apply for copyright?

This also depends on the copyright and related rights holder. In fact, not all singers are the copyright owners of the song, this right can belong to the composer, producer, or recording company. Therefore, even if the singer agrees, you should still contact the official copyright owner to ask for permission or sign a legal use agreement before livestreaming.

Is creating AI-based virtual characters protected?

The rapid development of artificial intelligence (AI) has opened a new era where virtual characters simulating real people can appear and act like humans in the digital world. From virtual models, virtual singers to virtual influencers, all are becoming trends. But amid this explosion, the legal question is: Are virtual characters created by AI protected by law? Let’s find out with VCD in the article below!

What is creating AI-based virtual characters based on real people?

In the era of technology 4.0, artificial intelligence (AI) is gradually changing the way people create, communicate and express themselves. One of the main prominent applications that has received a lot of attention is creating virtual characters (AI avatars) based on real people.

Simply put, an AI-based virtual character is an image, voice or expressive style simulated from a specific individual in real life. Through deep learning algorithms and image and sound processing techniques, the AI ​​system can recreate the face, voice, even gestures and emotions of a person, thereby creating a vivid “digital version”.

For example:

  • An artist can use AI to create a virtual copy of themselves for advertising or interacting with fans.
  • A brand can use the image of a celebrity to create a virtual brand ambassador (virtual influencer), helping to maintain operations even when the real character is not directly involved.

However, creating virtual characters that “borrow the image” of real people raises many complex legal issues, especially related to personal rights, image rights and copyright.

Is creating AI-based virtual characters protected?

Is creating a virtual character using AI based on a real person protected?

The answer to “Is creating a virtual character using AI based on a real person protected?” depends on many factors: Who is the creator, is the character independently creative, and is the use of the image of a real person with their consent?

According to the 2022 Law on Intellectual Property of Vietnam, copyright is protected for works directly created by the author, which are original and creative. However, virtual characters created by AI are not simply human products, they are the result of data processing, algorithms and machine learning. Therefore, to be protected by copyright, virtual characters must meet the following conditions:

The work must be created by humans

Clause 1, Article 14 of the 2022 Intellectual Property Law stipulates: “A work protected by copyright is a creative product in the field of literature, art and science directly created by the author through his/her intellectual labor, without copying from the work of others.”

This means that AI cannot be named as the author. The person who directly uses the AI ​​tool, comes up with ideas, selects training data and directs new creative direction is the subject that can be protected by copyright (if it can be proven that there is a real creative contribution).

For example, if you use AI to create a completely new virtual character, not based on a real person, and you are the one who decides the design, features, style, then that character can be protected by copyright as a digital work of art.

On the contrary, if the virtual character is based on the face or voice of a real person (especially a famous person), the issue is not only about copyright but also directly related to image rights and personal rights.

The image rights of real people must be respected

According to Article 32 of the 2015 Civil Code, it is clearly stated: “The use of an individual’s image must have the consent of that person. The use of an image for commercial purposes must have the written consent of the person whose image is used.”

Therefore, if AI creates a virtual character that simulates the face, voice or demeanor of a real person without permission, this act can be considered an infringement of personal rights and will be handled according to the law.

For example: A business using AI to create a virtual copy of singer A to advertise a product without permission, even if it is only a “90% similar character”, can still be considered an infringement of image rights. In this case, the real person can request: Removal of the infringing content; apologize, publicly correct; compensate for damages (if there is a commercial element causing damage).

Virtual characters based on real people can be protected within a certain scope

Although AI is not considered an “author”, the programmer, AI controller or system owner can be protected for ownership of the virtual character, if they can prove: There is creative and technical investment in building and training the AI ​​model; there is intellectual contribution in perfecting the character (such as designing the appearance, style, behavior, etc.) and the use of the image of a real person has legal consent.

In that case, the virtual character can be protected as a “derivative work” (according to Article 14, Clause 2, Point m of the Intellectual Property Law 2022), provided that it does not infringe the rights of the original work or the simulated individual.

For example: A company cooperates with actor B to create an AI copy for a commercial film. If there is a clear contract, agreement on image usage rights, commercial rights, and the real person agrees, then this virtual character is protected as a legitimate creative product.

Currently, Vietnam does not have specific regulations on protection or handling of violations of AI-generated virtual characters, but acts of infringement of image, reputation, or personal rights can be handled according to:

  • Decree 131/2015/ND-CP: Administrative sanctions for acts of infringement of copyright and related rights.
  • Article 592 of the 2015 Civil Code: Regulations on compensation for damages when infringing on the honor, dignity, and reputation of individuals.
  • Article 288 of the 2015 Penal Code: Criminal handling if the unauthorized use of images or voices causes serious consequences or is for the purpose of profiteering.

Thus, AI-generated virtual characters based on real people are only protected when they have human creative elements and the legal consent of the real people they simulate. Otherwise, the creation, use or commercialization of such virtual characters may be considered an infringement of image rights, personal rights, or even copyright.

In the AI ​​era, the line between “creation” and “infringement” has become more fragile than ever. Therefore, individuals and businesses when exploiting real people’s images to create virtual characters need to sign clear contracts, ask for full permission and respect personal rights, to avoid legal risks and protect their own creative value.

Above is the complete answer to the question “Is creating virtual characters using AI based on real people protected?”. VCD hopes that through this article, you will better understand the protection regulations for virtual characters using AI based on real people.

Sincerely,

1. Can virtual characters based on real people be considered derivative works?

According to Article 14 of the 2022 Intellectual Property Law, a derivative work is: “A work that is translated, adapted, transformed, annotated, or selected.” If a virtual character is created from the image of a real person with legal consent and has independent creative elements (e.g., editing, redesigning, changing the context, etc.), it can be recognized as a derivative work and protected by copyright.

2. Does the creator of an AI virtual character need to sign an image rights transfer contract?

Yes. When a virtual character is created based on the image of a real person, a written agreement is required to ensure rights and avoid disputes. Pursuant to Article 32 of the 2015 Civil Code and Article 47 of the 2022 Intellectual Property Law, this contract should clearly stipulate the scope of use, commercial purpose, term, remuneration, or rights of the person being simulated.

Is using beats from other people’s songs a copyright violation?

The trend of covering, remixing or making short videos with “catchy” background music is spreading across social media channels: TikTok, YouTube, Facebook. But among those countless attractive remixes, few people know that just by reusing someone else’s beat without permission, you can violate music copyright. So is using beats from other people’s songs really illegal? Let’s find out with VCD!

What is a beat? Who owns the copyright to the beat?

“Music beat” is understood as the background music or arrangement without lyrics, which acts as a framework, creating emotions and rhythm for the entire song. In the process of music production, beats are often created by arrangers, music producers (producers) or record labels, to serve as a background for singers, rappers or content creators to use to sing, rap, remix or make videos. It can be said that, although it does not contain lyrics, the beat is the “soul” that contributes to shaping the style, color and appeal of a musical work.

Not only does it have artistic value, the beat is also an intellectual property with economic value. In many cases, a beat can be sold, licensed or transferred at a very high price, especially when it is created by famous music producers. Therefore, the beat is not simply “background music for singing” but also an independent creative product, protected by law similar to the lyrics or melody of a song.

According to Article 14 of the Intellectual Property Law 2022, protected musical works include harmony, arrangement, accompaniment, beat and melody. This provision affirms that each element in a song, whether lyrics, melody or beat, is considered part of the original musical work and can be protected independently if it meets the conditions of creativity.

That also means that the creator of the beat is the copyright owner of that music, unless they have transferred or signed a contract to transfer ownership to another party such as a record company, singer or production unit. In that case, the right to use, exploit and allow others to use the beat will be decided by the recipient.

In short, a beat is not only a part of music but also a fully copyrighted work with legal, artistic and commercial value. Understanding this nature helps content creators, artists or businesses using music know how to respect intellectual property rights and avoid copyright infringement risks during the exploitation process.

Is using a beat from someone else’s song a copyright infringement?

Even if it is just a few dozen seconds of background music, that beat is still considered an independent musical work protected by law. Therefore, reusing a beat without the owner’s permission is an infringement of copyright, an act that can be handled according to the provisions of the Intellectual Property Law.

According to Article 20 of the Intellectual Property Law 2022, the owner of a musical work has the full right to perform or allow others to perform the following acts:

  • Copy, distribute, or communicate the work to the public (for example, publish, post on social networks, YouTube, etc.);
  • Create derivative works (such as remixing, remixing, adding new lyrics, or using the original beat for a cover).

Thus, if you take a beat from someone else’s song to record, remix, sing a cover, or use it in a promotional video without permission, you have infringed on the property rights of the author or beat owner. Even if you clearly state the source or “just for fun”, that action can still be considered an infringement, because copyright does not depend on commercial or non-commercial purposes, just using it without permission is an infringement.

If you violate copyright by using beats from other people’s songs, you may face the following forms of handling:

  • Administrative sanctions: According to Decree 17/2023/ND-CP, copyright infringement can be fined from 10 to 30 million VND; forced to remove videos, posts containing infringing beats; forced to destroy infringing evidence (discs, music files, etc.).
  • Video removed, blocked from monetization or account locked: Platforms such as YouTube, Facebook, TikTok all have Content ID systems that automatically detect copyrighted beats. When detected, the video can be removed or monetized; receive copyright warnings; the account can be deleted if it violates repeatedly.
  • Civil and criminal liability: In serious cases, the beat owner has the right to sue for compensation for damages (licensing costs, reputational damage, etc.). If the act has a commercial element or causes great damage, you may be prosecuted under Article 225 of the 2015 Penal Code, with a fine of up to 1 billion VND or imprisonment of up to 3 years.
Is using beats from other people's songs a copyright violation?

Cases of using beats that are not considered copyright infringement

In some cases, using beats from other people’s songs is not considered copyright infringement, as long as the user complies with the provisions of copyright law. Here are some legal exceptions allowed by law:

  • With the owner’s permission: You can buy the copyright of the beat or ask for permission to use it from the owner. Sign a contract to use the beat within the permitted scope (Example: Only use for livestream, not for performing).
  • Using free beats: Some beats can be shared as “free beats” or in the public domain, meaning anyone can use them without permission. However, you need to check the terms of use carefully: Many producers allow free use but not commercialization (Example: Do not post YouTube with monetization enabled).
  • Using beats for research, teaching, or commentary purposes: According to Article 25 of the Intellectual Property Law 2022, reasonable citation of published works for non-commercial purposes (teaching, commenting, research, etc.) is not considered copyright infringement. However, you still need to clearly state the source and not affect the owner’s exploitation rights.

Above is the article on “Is using beats from other people’s songs a copyright infringement?” that VCD shares with you. Hopefully, respecting copyright not only helps you protect your personal reputation and brand, but also contributes to building a healthy, professional and fair music creation environment for everyone.

Sincerely,

1. If you only use a short beat of a few seconds, is it considered an infringement?

Yes. The law does not specify a “minimum length” for a protected piece of music, so using just a part of a beat without permission is an act of copyright infringement. Platforms like YouTube or TikTok have automatic audio recognition systems (Content ID) that can detect duplicate beats, leading to videos being removed, blocked from monetization or copyright claims.

2. How to use beats legally without worrying about copyright infringement?

You can use beats legally by:
Buying or licensing the beat from the author or record label;
Using free beats with a clear license (royalty-free, creative commons, etc.);
Producing or hiring a producer to compose new beats;
Avoiding using beats extracted from commercial songs without permission.
Complying with copyright not only helps you avoid legal risks but also shows respect for the artist’s creative efforts.