Author: Editor VCD

The issue of copyright related to the use of music in dance and exercise classes is very popular today. Dance centers often choose new and popular songs to choreograph movements, to create a vibrant and exciting atmosphere for students. Music is not only the foundation for exercises but also a decisive factor in attracting customers, encouraging them to invest in the center’s services. So is the use of music like that a violation of copyright? Please follow the article of VCD below.

1.      What is music copyright in dance centers?

Copyright is the author’s right to the works they create, protected from the moment the work is created. This right includes the right to manage, use, and exploit the value of the work. Other individuals or organizations are not allowed to infringe on these rights without the author’s consent. Copyright protects authors’ rights and prevents unauthorized copying and use of their works.

Music is one of the optimal and indispensable sources of entertainment for humans. Dance centers use music for many purposes to enhance the quality of teaching and the learning experience of students. Music creates a vibrant atmosphere, helping students focus and immerse themselves in the lesson. Music with clear rhythms supports movement instructions and practicing rhythmic and coordination skills. It also enhances concentration, inspiration, and motivation, helping students overcome difficulties. Finally, music encourages creativity, allowing students to develop unique and individual dance moves.

Accordingly, Music Copyright in dance centers is a legal right to protect the use of musical works in the teaching and performance process. This right includes the intellectual property rights of authors and producers of songs, music, and melodies, ensuring that the use of these works must be done with the consent and legal license from copyright management organizations.

2.      Legal regulations on music copyright in dance centers

Dance centers use music for many different purposes, especially often using “hit” songs in choreography, creating a modern and dynamic feeling. This gives the center a good impression to students that the center is always updated with trends to create excitement for students. However, the use of new popular songs will also come with some copyright violations that the centers often do not pay attention to.

According to Article 14 of the Law on Intellectual Property, the concept of musical works is defined as follows: a musical work is a work expressed in the form of notes in a musical score or other musical symbols or shaped on a recording or video recording with or without lyrics, regardless of whether it is performed or not, and is one of the objects protected by copyright and the performer of that work is protected by related rights.

• Accordingly, if you want to use musical works, you must have the permission of the author or copyright owner, except for some cases specified in Article 25 of the Law on Intellectual Property:

• Self-copying a copy for scientific research or teaching.

• Performing the work in cultural activities, propaganda, and agitation without collecting money in any form.

• Converting the work into Braille or other languages ​​for the visually impaired.

• There are cases where you do not have to pay remuneration, and there are cases where you have to pay remuneration and royalties to the author or copyright owner. However, in any case, the use of musical works must be noted:

• Must not affect the normal exploitation of the song.

• Must not harm the rights of that work’s author or copyright owner.

• The full name of the author, as well as the origin and source of the musical work, must be stated.

Dance centers that use songs to attract customers and encourage them to spend money on their services are considered a form of paid propaganda. In legal terms, this collection of money is understood as using the work for commercial purposes, so the use of musical works by dance centers to attract customers and generate profits is a commercial activity. Thus, dance centers that use musical works to attract customers and encourage them to spend money on their services must ask for permission and pay royalties, remuneration, and other material benefits to the copyright owner. This not only ensures compliance with the law but also shows respect for the creative efforts of artists and authors.

Failure to comply with copyright can result in serious legal consequences for dance centers, including heavy fines, lawsuits from copyright owners, and requests to stop using infringing music. Violations can also result in loss of reputation, economic loss due to compensation, and restrictions on the center’s operations. Therefore, compliance with copyright regulations is very important to protect the center’s rights and reputation.

Although there are currently regulations on copyright for musical works, these regulations are not specific and clear enough, making them difficult to apply and difficult to access. Therefore, VCD sees the need for more detailed guidance documents to help people better understand the provisions of the law and how to apply them more effectively. This will facilitate dance centers and related organizations in complying with the law and protecting the rights of authors.

Currently, street art performances have become a popular trend in Vietnam. In public spaces such as parks, walking streets and food courts, it is not difficult to see artists, individually or in groups, showing off their talents, mainly through singing performances. These activities not only create a lively atmosphere but also bring rich cultural experiences to locals and tourists. However, Do street music performances without tickets require a permit?. Please follow the article of VCD below.

1.      What is a ticketless street music performance?

According to Article 2 of Decree 144/2020, performing arts activities are defined as activities that create artistic products in the form of text, sound, and images to communicate directly or indirectly through technical means to the public in the form of performing arts, circulating audio and video recordings with performing arts content.

At the same time, Clause 3 of this Article stipulates that performing arts include: theater, music, dance, and folk performance forms from traditional to modern in Vietnam and the world.

Street music performance is an artistic activity where artists demonstrate their musical talents in public spaces such as streets, parks, or squares, often free of charge to the audience. This activity allows artists to interact directly with the public, expressing a variety of musical genres.

Accordingly, Street Music Performances without Tickets are artistic activities in which artists perform music publicly at public places without charging an entrance fee. The audience can enjoy it for free, and artists often interact directly with the public.

2.       Do street music performances without tickets require permission?

Clause 4, Article 3 of Decree 144/2020 stipulates prohibitions in performing arts activities as follows:

1. Opposing the Socialist Republic of Vietnam.

2. Distorting the history, independence, sovereignty and territorial integrity of the Socialist Republic of Vietnam; violating national security; denying revolutionary achievements; insulting leaders, national heroes, and celebrities; undermining the great national unity bloc; insulting beliefs and religions; racial discrimination; infringing upon the legitimate rights and interests of organizations and individuals.

3. Inciting violence, propagating wars of aggression, causing hatred between nations and peoples of countries, negatively affecting foreign relations. 4. Using costumes, words, sounds, images, movements, means of expression, forms of performance of behavior that are contrary to the nation’s traditions and customs, negatively affecting morality, public health and social psychology.

Accordingly, the use of costumes, words, sounds, images, movements, means of expression, forms of performance, and acts that are contrary to the nation’s fine customs and traditions, negatively impacting morality, public health, and social psychology are prohibited acts in performing arts programs.

At the same time, Clause 2, Article 9 of Decree 144/2020 stipulates the notification of organizing performing arts as follows:

1. Agencies and organizations carrying out activities specified in Clause 1, Article 8 of this Decree shall notify the state agency specified in Clause 3 of this Article before organizing. The head is responsible for implementation according to the approved plan.

2. Business establishments carrying out activities specified in Clause 2, Article 8 of this Decree shall notify the state agency specified in Point b, Clause 3 of this Article before organizing.

3. Notification receiving agency:

a) The People’s Committee of the province where the performance is organized receives notifications from agencies and units under central ministries, departments, branches, central agencies of political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations;

b) The People’s Committee of the district where the performance is organized receives notifications from other organizations and individuals.

4. Procedure for receiving notifications:

Agencies, organizations and individuals send written notifications (according to Form No. 01 in the Appendix issued with this Decree) directly; by post or online to the notification receiving agency at least 05 working days before the expected date of the art performance.

Therefore, business establishments organizing art performances for tourism, entertainment, recreation, restaurants that do not sell tickets to art performances must still notify the People’s Committee of the district where the performance is organized.

In terms of Intellectual Property, musical works are one of the types of works protected by copyright. Accordingly, the Law on Intellectual Property stipulates that performers of musical works do not have to ask for permission and pay remuneration to the copyright owner when performing in cultural activities or propaganda activities without collecting money in any form. On the contrary, in cases of performing for commercial purposes, they must ask for permission and pay remuneration to the copyright owner. Therefore, when performing musical works, performers must also pay attention to issues related to copyright to avoid infringement of the copyright of the owner of that work. In fact, performing in public places often requires permission if the purpose of the performance is really for charity or public service, then it is normal to go through the local Department of Culture and Sports to organize it. Even free weekend performances in front of the Ho Chi Minh City Opera House must also be licensed by the Department of Culture and Sports of Ho Chi Minh City – the place under the management of the center.

VCD believes that requesting permission to perform street music, even when not selling tickets, is necessary to comply with local laws. This helps ensure the safety of both artists and audiences, while managing public order. In addition, requesting permission also minimizes conflicts with other activities in the area and shows respect for the community and other artists. Furthermore, having a license can help you receive support from the authorities in promoting the event, creating conditions for artistic activities to take place smoothly and sustainably.

Music event scripts play a key role in the construction and completion of any specific music performance program. This is a document that event organizers invest a lot of time, effort, and financial resources to create. Music event scripts are a special type of intellectual property, bringing important commercial value. Therefore, protecting and managing copyrights for this script must be taken into account and implemented from the beginning, to ensure the legitimate rights and interests of event organizers. The following article from VCD will help you understand better.

1.      Concept of music event script copyright

A script is considered a detailed record of the plot, characters, environment, developments, and other relevant details of an artistic work such as a play, television, or video game, mainly to guide and support the production team during the production process.

Usually, the script is composed by a playwright or editor and then edited and adjusted to suit the production process. Music event scripts are usually written in text form with dialogue describing scenes and actions placed in corresponding frames and columns including instructions for actors and production crew.

A music event is a community cultural event that aims at live singing and playing musical instruments, usually taking place on an entertaining theme.

Copyright of music event scripts is an intellectual property right for the creator of that script. Specifically, this is the author’s exclusive right to a literary work (script) expressed in writing or other symbols, detailing the content, sequence, duration, performances, participating artists, and other elements of a musical event.

A musical event script is the first step in the entire process of producing a musical event program. The script is generally one of the types of literary works and is also one of the subjects protected by copyright as specified in Clause 1, Article 14 of the Law on Intellectual Property. In which, the author who creates the script is often called a screenwriter.

2.      Legal regulations on the copyright of music event scripts

Procedure for forming a music event script:

• Develop a detailed script: such as creating a logo, designing a theme, creating detailed content, time for each performance, etc.

• Implementation: need to carry out tasks such as applying for a performance license, contacting suppliers of tools, equipment, artists, MCs, renting a venue, and signing a contract. In addition, it is necessary to carry out advertising communications for the program with marketing strategies.

• Program management: includes 2 stages: stage 1 is preparing for the event and stage 2 is preparing for the closing stage of the event.

According to the provisions of Clause 1, Article 14 of the Law on Intellectual Property, music event scripts are protected by copyright in the form of literature, science, textbooks, teaching materials, and other works expressed in other written forms. The time of protection will arise from the time the musical event script for the product launch is created and expressed in writing. Thus, the musical event script will be automatically protected when created and expressed in writing without having to register with the Copyright Office. However, when there is a dispute over the copyright owner, the scriptwriter will also encounter difficulties, and spend effort, time, and money to prove the legitimate rights to that musical script. Therefore, to protect the musical event script from infringement, it is necessary to register the copyright with the Copyright Office.

The registration dossier includes:

• Application form for copyright registration for the script

• Authorization letter from the customer for the company to submit

• Two copies of the script to be registered for copyright printed on A4 paper and bound into a book

• Author’s guarantee

• Copy of the author’s ID card

• Consent document of co-authors if the script has co-authors

• 01 CD containing the script content

• Other documents depending on the content requested

Within 15 working days from the date of receiving all valid registration documents, the Copyright Office will issue a copyright registration protection certificate. If the registration documents are incomplete or invalid, the Copyright Office will send a written notice requesting additional information to the applicant (according to the provisions of Article 52 of the Law on Intellectual Property).

In addition, it is possible to transfer the music event script, it is completely possible to carry out contracts and commercial transactions for the script through the form of transferring or granting the right to use the script. The transfer of copyright for music event scripts is similar to other civil transactions, however, it is necessary to note that there is a certificate of copyright registration to legalize this transaction. In addition, it is necessary to note that the transfer can only be made to subjects of rights that can be transferred. The author’s rights cannot be transferred in any form, including The right to name the work; the real name or pen name on the work is stated in the real name or pen name when the work is published for use; and protecting the integrity of the work, not allowing others to edit, cut or distort the work in any form that harms the honor and reputation of the author.

VCD finds that copyright protection for music event scripts is extremely necessary. This is a document created with a lot of effort, time, and financial resources by the organizer, so it needs to be protected by intellectual property rights. Moreover, the music event script has high commercial value, and can bring important revenue, so copyright protection helps ensure financial benefits and increase brand value for the organizer.

Currently, the problem of music copyright infringement in Vietnam is quite common and complicated. This situation includes many different forms of infringement, from singing without permission, and quoting music widely to organizing music programs without paying copyright fees. Even more special, copyright disputes are also quite complicated when the disputing parties cannot find a common voice in the resolution mechanism. So how to resolve music copyright disputes?. Please follow the article of VCD below.

1.      Why do music copyright disputes happen?

According to the provisions of Article 10 of Decree No. 22/2018/ND-CP, a musical work is understood as a work expressed in the form of musical notes in a musical score or other musical symbols or shaped on a recording, video recording with or without lyrics, regardless of whether it is performed or not.

Therefore, music copyright is understood as the author’s right to his work expressed in the form of musical notes in a musical score or other musical symbols or shaped on a recording, video recording with or without lyrics, regardless of whether it is performed or not performed from the time the author creates the work.

Music copyright disputes are disputes, conflicts or contradictions between parties related to ownership, rights of use, rights of distribution or other interests related to musical works.

Music copyright disputes often arise from many different causes. Here are some common causes:

• Awareness of compliance with Music Copyright of program organizers is not really high:

• Lack of awareness: Many program organizers are not fully aware of the importance of compliance with music copyright. Copyright fees should be considered an essential part of the program, similar to fees paid to singers or venue rental units.

• Delayed copyright negotiations: Many programs have taken place or are close to the performance date but have not yet purchased copyright or have not completed copyright negotiations.

• The lack of determination of authors and management agencies in protecting copyright:

• Lack of lawsuits: Although the law allows authors, owners of works and representative units to file lawsuits to request the termination of infringement or to request compensation for damages, in reality very few or no disputes are brought to court.

• Difficulty in proving damages: According to the law, proving damages is a difficult thing, which reduces the ability of the infringed parties to sue.

• The effectiveness of administrative sanctions is not high:

• The fine level is not enough to deter: The maximum fine for organizations violating copyright is 500 million VND and for individuals is 250 million VND. However, the administrative sanctions decisions have not been widely announced, so the deterrent effect of this measure is not high.

2.      Resolving music copyright disputes

The law on intellectual property protection has given authors and/or copyright and related rights owners the right to protect themselves against infringements of their music copyright by choosing various measures such as: applying technology to prevent infringements, registering copyrights with competent state agencies for legal protection and legal evidence…

When a music copyright dispute occurs, the author or copyright and related rights owner should directly contact a law practice organization, a copyright and related rights representative organization to receive prompt legal advice. With many years of experience in the field of legal advice on copyright and related rights, VCD is a collective organization representing clients to resolve disputes related to copyright, especially music copyright, both domestically and internationally. VCD will follow the following process:

Step 1: Identify copyright infringement

• VCD will represent the client to review and evaluate copyright infringement, thereby providing initial solutions for the client. Specifically, the tasks include:

• Review and evaluate the copyright contract provided by the client: VCD will review the terms of the copyright contract to identify infringements.

• Establish evidence of infringement: Collect and establish evidence of copyright infringement.

• Send the infringing content to the Copyright and Related Rights Appraisal Center to the Copyright Office: request to conduct an appraisal to determine the infringement.

Step 2: Represent the settlement of copyright disputes based on a spirit of cooperation

• Send a warning letter: Send a warning letter to the party in dispute with the client, requesting to stop the infringement.

• Organize a face-to-face meeting: Arrange a face-to-face meeting to negotiate and reconcile with the disputing party, ensuring goodwill and cooperation.

Step 3: Request administrative sanctions for acts of infringement of copyright and related rights

• If negotiation and reconciliation are unsuccessful, VCD will perform the following steps:

• Submit a request for administrative sanctions: Submit a request to the competent state agency to impose administrative sanctions on the disputing party.

• Request to stop the infringement: Request the infringing party to stop the infringement, apologize, make public corrections and compensate for damages according to the provisions of law.

Step 4: File a lawsuit for the dispute according to procedural law

• If the customer requests, VCD will be the representative to file a lawsuit with a court or a competent commercial arbitration to protect the customer’s legitimate rights and interests.

• File a lawsuit in court or commercial arbitration: File a lawsuit and participate in court hearings to protect the rights of customers.

• Send the file to the police: If a criminal element is detected, send the file to the police to initiate a criminal case according to the provisions of the law.

VCD finds that the situation of music copyright infringement in Vietnam is quite common and complicated, causing many negative consequences for authors and the music industry. To overcome this situation, it is necessary to raise awareness of law compliance, strengthen inspection and punishment, as well as apply modern technologies to protect copyright.

Applying for a music performance license is not only an administrative procedure but also an essential requirement to ensure social order and protect the rights of many stakeholders. In fact, licensing helps control the quality of performance programs, prevent offensive content, violate public morality or have a negative impact on the community. In addition, this regulation also plays an important role in protecting the intellectual property rights of authors and composers, ensuring that they benefit appropriately from their creations. Therefore, it is necessary to clearly understand the legal regulations on records and procedures for applying for a music performance license. Please follow the article of VCD below.

1.      What is a music performance license

Music performance is an art form that expresses the creativity and emotions of the artist to the public. This is a very diverse field, including many different genres, from traditional forms such as tuong, cheo, cai luong, to more modern forms such as musicals, symphonies, and variety shows.

A music performance license is an important legal requirement for organizations and individuals who want to organize or participate in performing arts activities. This license is issued by the competent authority, usually the cultural, sports and tourism agencies at the provincial or municipal level, or equivalent agencies.

A music performance license is not only an administrative procedure but also helps ensure that artistic activities are organized legally, safely and in accordance with the provisions of the law. This is a way to control and manage cultural and artistic activities, protect the rights of artists and participants, and ensure that events do not negatively affect the community.

2.      Documents and procedures for applying for a music performance license

Individuals and organizations that must apply for a performance license include:

• Subjects of performance organization:

• Theaters; Art troupes; Cultural Houses; Cultural and Sports Centers;

• Theaters and art troupes of the armed forces;

• Enterprises registered to do business in performing arts and fashion shows;

• Literature and Arts Associations; cultural and artistic training facilities;

• Radio and television agencies;

• Venue owners, business households organizing art performances, fashion shows;

• Subjects of performance:

• Individuals who are Vietnamese;

• Individuals who are foreigners;

• Individuals who are Vietnamese residing abroad.

To apply for a license to organize music performances, organizations or individuals need to prepare and submit documents to competent authorities such as the Department of Performing Music, the Department of Culture, Sports and Tourism, or the Department of Culture and Sports.

The application for a license to organize music performances includes:

• Application for a license to organize music performances:

This application must be filled out with complete information about the person or organization applying for a license, information about the performance program, location, and expected time.

• Program content, authors, directors, performers:

Includes information about the acts, authors, directors, and performers. This helps the licensing authority understand the content and structure of the program.

• Music for works proposed for first performance:

For music in foreign languages, a Vietnamese translation and certification from a translation company are required. This ensures that the music content does not violate legal regulations and is suitable for local culture.

• A written commitment to fully comply with the provisions of the law on copyright:

Or a copy of the contract or agreement with the author or copyright owner. This is to ensure that intellectual property rights are respected and there are no disputes.

• Certified copy of the decision allowing foreign organizations and individuals:

For programs with the participation of foreign organizations and individuals, or individuals who are Vietnamese residing abroad, it is necessary to provide a certified copy of the decision allowing them to enter Vietnam to perform.

• Copy of the decision to establish or the certificate of business registration:

For organizations carrying out administrative procedures for the first time, or organizations that have committed violations, it is necessary to submit a certified copy or bring the original for comparison.

When inviting foreign organizations and individuals or individuals who are Vietnamese residing abroad to enter Vietnam to perform music, you need to prepare and send the application to the Department of Performing Music, the Department of Culture, Sports and Tourism, or the Department of Culture and Sports.

The application for a license to enter Vietnam to perform music must include the following documents:

• Application for a license to enter Vietnam to perform music:

This application must provide full information about the inviting person or organization, information about the foreign individual or organization, purpose and time of performance.

• Copy of the agreement:

Copy of the agreement with an individual who is a Vietnamese residing abroad or a foreign organization or individual. This document must be translated into Vietnamese and certified by a translation company, ensuring the accuracy and legality of the agreements.

• Copy of passport and written comments from the Vietnamese diplomatic agency in the host country:

For individuals who are Vietnamese residing abroad, it is necessary to provide a copy of the passport and written comments from the Vietnamese diplomatic agency in the country where the individual resides.

• Copy of the decision to establish or certificate of business registration:

For organizations that are carrying out administrative procedures for the first time or organizations that have violated regulations, it is necessary to submit a certified copy or bring the original for comparison.

VCD finds that applying for a music performance license to protect copyright is an essential regulation in the music industry. This regulation aims to ensure the legitimate rights of authors and composers, while preventing copyright infringement, creating a healthy and sustainable music market. By applying for a license, performance organizers not only show respect for intellectual property rights but also build a professional image, avoid legal risks and contribute to the overall development of the music industry.

Folk artworks are extremely valuable traditional cultural values ​​that need to be preserved and developed. Similar to other works protected by copyright, the law also has specific regulations and guidelines for copyright protection of folk artworks. So, what are the legal regulations on the copyright of folk music? Follow the article on VCD below.

1.      Characteristics of folk music

Folk music has the following characteristics:

• Folk music is music that was born on the basis of an old agricultural economy, a monoculture of rice, heavily dependent on natural ecological environmental conditions. Its authors are farmers living in village communes, so the main areas of ​​folk music activities is villages, hamlets, etc.

• Folk music is closely linked to the daily activities in production and life of farmers. They compose folk music to serve those activities such as lulling children to sleep and they never sing lullabies while in the fields because the creators of lullabies only sing when they need to lull children to sleep.

• It reflects the life, thoughts, and feelings of farmers by participating in folk cultural activities. We can find here performances using dance movements in singing or flute music with embroidered costumes full of patterns, lines, etc. All of these elements combine to create a unified whole.

• In addition, folk music is stored in human memory, this is not because farmers are ignorant and illiterate but because of the creative mechanism of dissemination and reception of culture in general and folk music in particular. Folk music is the result of the creativity of people from many generations, they are the ones who grasp the most folk music of the community, can practice or perform skillfully the skills, create to enrich that capital, and at the same time are the teachers who pass on that cultural capital to the younger generations.

Copyright is the copyright of the author for the work he/she composed. Other individuals are not allowed to infringe upon the author’s rights to manage, use, and exploit the value of the work without consent.

Based on the above analysis, folk music copyright can be understood as intellectual property rights for traditional musical works of the community, often without a specific author. It helps protect cultural values ​​and national identity, prevents unfair exploitation, and can be managed according to the laws of each country. This copyright protection not only preserves cultural heritage but also promotes the sustainable development of the art industry.

2. Legal regulations on folk music copyright

Folk music is declared by the state to be protected, encouraged, preserved, and promoted. However, it is understandable that people do not care about who owns folk music and what its copyright is. As analyzed above, the owners are communal communities, so folk music is public property. According to state policy, people have the “right” to use folk music as material to compose their new works.

According to the Law on Intellectual Property in Article 22, folklore literary and artistic works are protected types of literary, artistic, and scientific works. Accordingly, folklore literary and artistic works are collective creations based on the traditions of a group or individuals to reflect the aspirations of the community, appropriately expressing their cultural and social characteristics, standards, and values ​​circulated by imitation or otherwise.

According to the guidance of Decree 22/2018/ND-CP, literary works are expressed in the following specific forms:

Folk literature and artworks such as stories, poems, and riddles are types of word art.

Folk literature and artworks: songs, musical melodies, dances, plays, rituals, and games are types of performing arts such as cheo, tuong, cai luong, puppetry, songs, musical melodies, dances, plays, folk games, village festivals, and folk rituals.

At the same time, the Law on Intellectual Property also stipulates that when organizations and individuals use folk literature and artworks, they must cite the origin, indicate the origin, and place name of the community where the folk literature and artwork was created, and ensure the preservation of the true value of the work. Thus, folk music is also subject to copyright protection under the provisions of the Law on Intellectual Property.

The establishment of copyright protection for folk music in particular and folk artworks in general is carried out automatically. Specifically, according to the provisions of Clause 1, Article 6 follows: Copyright arises from the moment a work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, whether published or not, registered or not. However, folk music will be protected regardless of its form according to the guidance in Clause 3, Article 18 of the Law on Intellectual Property.

VCD finds that copyright protection of folk music is very important to protect the cultural values ​​and identity of the community, prevent unfair exploitation, encourage creativity, and ensure economic benefits for artists. It also promotes respect for cultural heritage, contributing to maintaining cultural diversity in society.