Author: Editor VCD

Applying technology to music copyright protection

Written by Editor VCD on 9 September, 2024. Posted in Announcement, Copyright Registration, Musical work.

The digitalization of the music industry has brought about significant changes that the advancement of digital technology has brought to the music industry. From the emergence of streaming platforms to the production and consumption of music, digital technology has changed the way people create, share, and enjoy music. Therefore, the application of technology in music copyright protection is inevitable. VCD’s article below will help you understand better.

1. Why must technology be applied to music copyright protection?

For a long time, copyright infringement has become a “wound” that is difficult to heal for artists, composers, music producers, etc. The convenience of the digital environment makes it possible for authors to bring their works to the public more quickly and widely, but it is also a space that makes nasty copyright infringement even more painful. The application of digital technology to resolve copyright infringement has been proposed for a long time, but there are still many bottlenecks to turning technology into a lock for transparency.

Applying technology in music copyright protection is the use of advanced technology solutions to protect intellectual property rights for musical works. These solutions aim to prevent unauthorized copying and distribution, ensure the rights of artists and music producers, and help manage and control the use of musical works effectively.

Application purpose:

Prevent copyright infringement: In the digital era, illegal copying and distribution of music have become easier, and file-sharing platforms and illegal streaming websites are increasing, leading to more Artists losing important sources of income from album sales and streaming when their works are illegally copied and distributed.

Ensuring fairness and transparency: Currently, many artists often have difficulty proving ownership of their works when copyright disputes arise and at the same time in the process of dividing their copyright remunerations. do not receive enough due to transparency, so applying technology will ensure artists receive accurate compensation every time their work is used.

Enhanced management and control: Producers and artists need tools to control who can use their work and under what conditions because copyright violations are often difficult to detect when music is shared on many different platforms.

Enhance user experience: In addition to protecting artists’ copyrights, applying technology also makes it easier for users to access and search for legal and quality music to avoid security risks. for users when they use pirated websites.

Therefore, applying technology to music copyright protection is necessary to cope with modern challenges and take advantage of the opportunities that technology brings. Technology not only helps prevent copyright infringement, but also creates a transparent, fair, and effective system, ensures the rights of artists and producers, and promotes the sustainable development of the industry music industry.

2. Some popular applications today

The reality of copyright infringement in music is still common today, so to deal with these acts of infringement, many organizations have applied digital technology to monitor, exploit, and Manage the use of entertainment works in cyberspace to optimize and bring about effective copyright management in the internet environment while increasing the ability to monitor and control online copyright infringement.

a. Blockchain application

Blockchain is known for its ability to ensure transparency and safety through concretized distributed recording systems. This technology opens up new opportunities that aim to improve the way copyrights are managed, distributed, and even the way value is created and shared in the world of music. Blockchain – the technology behind Bitcoin’s popularity- plays an important role in accurately managing and controlling ownership rights while ensuring a fair and sustainable distribution of profits.

In addition, Blockchain also helps artists reduce their dependence on intermediaries to optimize distribution costs and increase control over their works. Artists can leverage blockchain-based music platforms to release their work directly to fans, not only reducing costs but also increasing engagement and collaboration with their communities. Fans, through purchasing tokens or participating in artist support systems, become an integral part of the distribution process creating a new, more transparent, and fair business model.

Benefits of using Blockchain:

Blockchain chains cannot be counterfeited and destroyed: Only destroyed when there is no more internet.

Immutable: If the transaction or data has been recorded by the holder of the private key (secret key code – only the Blockchain originator has it), that data cannot be edited.

Data security: Information and data about blockchain chains are distributed and safe. Only the person holding the private key has access.

Transparency: Anyone can track the path of the blockchain from one address to another and compile the entire history of that address.

Smart contracts: Smart contracts on the blockchain automatically execute transactions and pay royalties when predetermined conditions are met. Smart contracts ensure that artists receive compensation accurately and transparently.

b. Digital Rights Management (DRM) application

DRM is a technology that helps manage digital content, aiming to limit copyright infringement based on encryption. To put it simply, digital content copyright management DRM was born with the purpose of controlling user activities while accessing and using digital platform content.

Nowadays, many people care a lot about the copyright of the digital content they access. They just need to be able to access the content they want, and very few people pay attention to whether it is copyrighted or not. But when DRM is applied to digital content files, the content creator can control the user’s rights. Users will then know what they can link to in digital content and what they cannot access.

Benefits of using DRM:

Protect digital content ownership: Using the DRM system helps prevent video screen recording and unauthorized distribution of digital content, protecting copyright for content owners. Thanks to that, they can control the use and exploitation of their content more effectively. This digital rights management technology ensures the value of content is maintained, and worthy of the creator’s creative efforts.

Access rights management: DRM helps content owners establish specific conditions on how and when users can access and use that content. This security technology provides strict control over the distribution and use of the content, thereby preventing unauthorized copying or misuse of “brain matter”.

Protect income sources: Businesses or content creators always face the risk of losing revenue due to the theft of digital products, then posting them online or selling them at low prices. like giving. Applying DRM digital management technology protects content and intelligence and contributes to maintaining the owner’s income.

Enhanced user experience: Users can access file content and DRM-protected documents without the need for any special applications. DRM allows reading through third-party applications, making digital content easy to access without complicated authentication. This technology provides standard encryption, allowing secure access and control of user information.

VCD sees that the application of technology in music copyright protection is an important step forward in protecting the rights of artists and music producers. Technology solutions such as blockchain, watermarking, DRM, AI, audio fingerprinting, and cloud systems help prevent piracy, manage ownership, and ensure transparency in the use and distribution of music.

What is copyright? Things to know about copyright

Written by Editor VCD on 9 September, 2024. Posted in Announcement, Copyright Registration.

Copyright infringement is a painful and common problem in modern society, especially in the digital age. With the development of the internet and information-sharing tools, copying, sharing and unauthorized use of creative works has become easier than ever. Therefore, it is necessary to know “what is copyright?” to grasp and understand the details to avoid violations. VCD’s article below will help you.

1. Concept of copyright

According to Wikipedia: rights are legal, social, or moral principles about freedom or what is deserved, that is, rights are basic normative rules about what is permissible for people or people who follow some legal system, social convention, or ethical theory.

From a legal perspective, rights are a legal concept used to refer to things that the law recognizes and guarantees to be implemented for individuals and organizations so that they can enjoy, do, and demand without anyone else. be prevented and limited.

Copyright in English is called Copyright, the term copyright refers to a person’s intangible rights to create intellectual products. According to British and American law, copyright protects the economic rights of the copyright owner rather than the moral rights of the author. The concept of copyright is not regulated in Vietnam’s Intellectual Property Law. However, in reality, we often refer to the concept of copyright to only choose a form of protection for copyright and related rights.

And capital privilege is the language used in the European legal system. This right considers the author as the center and protects all rights of both personal and property rights of the author.

In Vietnam, only the author is defined by law, but according to practical application, the author is simply understood as copyright or copyright is the right of the author and his/her partners to create products that he or she creates to avoid being infringed by others. According to the provisions of Clause 2, Article 4 of the Intellectual Property Law, copyright is the right of the organization or individual partner of the product that they create or own.

Copyright is just a form of intellectual property. Copyright concentrates and the commercial value aspect of intellectual property rights. It protects the owner’s rights to use, copy, distribute, or commercialize his work, products, and services. Copyright plays an important role in ensuring fairness and encouraging creativity in the business environment.

Copyright focuses on protecting the author’s rights to his or her work. It is related to spiritual values, personal rights, and the connection between the author and the work. Copyright ensures the full protection of the author’s rights, including the right to recognize the work, control the use of the work, and the right to receive remuneration when the work is used.

The concepts of copyright and copyright are two related concepts but not completely the same. However, due to time as well as the integration of countries and international organizations, laws between countries interfere. together, these differences are gradually changing and becoming more harmonious.

Therefore, it can be simply understood that copyright is the right of organizations and individuals to works they create or own. In other words, when you create a work such as a song, poem, painting, novel, software, etc., you automatically have a copyright over that work. This right includes protecting personal rights, property rights and protecting the author’s economic interests.

What is copyright? Things to know about copyright

2. Things to know about copyright

Purpose of copyright protection:

Promote creativity and development of science, culture and art. It plays an extremely important role in showing respect for the author and encouraging them to continue to contribute creatively to the community and society.

Ensuring copyright rights for their works includes: economic rights (allowing the author to exclusively own and exploit business on that work), moral rights (protect the author’s interests including the right to name and integrity of the work during use and exploitation), moral rights (protection of the author’s non-economic interests in the work).

Copyright protection provides economic rights to the legal owner to authorize or prevent the use of the work in commercial activities and receive compensation. The owner also has the right to control the various uses of the work, including publication, printing, recording, public performance, radio broadcast, translation, film adaptation, and more. other form. This encourages creativity and protects the rights of creators in society.

Works protected by copyright:

Types of works protected by copyright are specified in Article 14 of the Intellectual Property Law, specifically as follows:

1. Protected literary, artistic, and scientific works include:

a) Literary, scientific works, textbooks, course books, and other works expressed in writing or other characters;

b) Lectures, speeches, and other talks;

c) Journalistic works;

d) Musical works;

d) Theater works;

e) Cinematographic works and works created by similar methods (from now on collectively referred to as cinematographic works);

g) Works of fine arts and applied arts;

h) Photographic works;

i) Architectural works;

k) Maps, diagrams, maps, drawings related to topography, architecture, and scientific works;

l) Literary and folk artworks;

m) Computer programs, and data collection.

2. Derivative works are only protected according to the provisions of Clause 1 of this Article if they do not prejudice the copyright of the work used to make derivative works.

However, according to the provisions of intellectual property law, the above works must be directly created by the author using his or her intellectual labor and must not be copied from another person’s job to qualify copyright protection lawsuit.

VCD finds that understanding copyright is important because it protects the rights of creators, encourages creativity, manages culture and ideology, and promotes respect and compliance with the law. legality in using the works of others. This plays an important role in promoting the sustainable development of society through protecting and encouraging creativity.

Is it necessary to register the copyright for the Podcast?

Written by Editor VCD on 27 August, 2024. Posted in Announcement, Copyright Registration, Musical work.

Currently, Podcasts are becoming increasingly popular in Vietnam. With convenience, variety of topics, and high personalization, podcasts meet the entertainment and learning needs of many people. However, the lack of awareness of copyright laws regarding content and audio in podcasts is causing many copyright violations to occur. Therefore, it is necessary to understand clearly the provisions of copyright law on podcasts and whether it is necessary to register copyright for podcasts. Please follow “Is it necessary to register the copyright for the Podcast?” VCD’s article below.

1. What is a podcast?

Podcast is an English term that uses the combination of the word “IPod” (a line of Apple music players) and the word “broadcast” (meaning transmission). Accordingly, Podcast refers to digital audio content posted on the Internet that users can listen to at any time, or download to personal devices.

In addition, a Podcast can also be understood as a radio program with a specific topic that the creator creates and broadcasts in many episodes, published continuously and periodically… The topics of Podcast channels are very diverse. diverse such as exchanging, and commenting on certain topics, memoirs or news reports, audiobooks, etc.

The podcast is a type of work popular with the public, so it is necessary to ensure that the content provided in the podcast is completely legal and does not violate the Intellectual Property rights of others. Most podcasts today have chat content, in which the podcast author exchanges and discusses a certain issue. Podcasts are creative content, so it is not surprising that intellectual property laws would apply. It is not uncommon for intellectual property rights disputes to occur related to podcasts: using music or creative content in podcasts without the author’s permission or without citing the source of the work…

The content in the podcast is in the field of literature, art or science is creative, and does not copy popular content, the podcast content will also be protected by copyright law. Of course, if podcast content is created by many people, there will be counterfeits. In addition, a podcast is a recording work, so the person making the podcast also has related rights reserved for the recording producer according to the provisions of intellectual property law. In many cases, podcast speakers can also be recognized with performer rights that are reserved for performing artists and actors.

2. Regulations of Copyright Law on Podcasts

According to Clause 1, Article 6 of the Intellectual Property Law, regulations on copyright registration for podcasts are as follows:

Basis for arising and establishing intellectual property rights

1. Copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, whether published or not. unpublished, registered, or unregistered.

…

Accordingly, based on Point b, Clause 1, Article 14 of the 2005 Intellectual Property Law amended by Clause 5, Article 1 of the 2009 Amended Intellectual Property Law, regulations on types of works protected by copyright are as follows:

Types of works protected by copyright

1. Protected literary, artistic, and scientific works include:

a) Literary and scientific works, textbooks, course books, and other works expressed in writing or other characters;

b) Lectures, speeches, and other talks;

…

3. Protected works specified in Clauses 1 and 2 of this Article must be directly created by the author using his or her intellectual labor and not copied from the works of others.

4. The Government provides specific guidance on the types of works specified in Clause 1 of this Article.

Types of works protected by copyright

…

2. Lectures, speeches, and other talks specified in Point b, Clause 1, Article 14 of the Intellectual Property Law are works expressed in spoken language and must be shaped in a certain material form.

…

In addition, based on Article 9 of Decree 17/2023/ND-CP regulations on copyright for podcasts are as follows:

Copyright of lectures, speeches, and other discourses

In cases where the author personally shapes a lecture, speech, or other speech in the form of audio or video recording, the author shall enjoy copyright to the lecture, speech, or speech. and is also the owner of rights to audio and video recordings according to the provisions of Point b, Clause 1, Article 44 of the Intellectual Property Law.

Accordingly, podcasts are a type of work protected by copyright. The person who directly creates the podcast will be the copyright owner of the podcast and will receive the rights according to regulations.

Therefore, podcast copyright will automatically arise from the moment the podcast is created and presented in a certain form such as an audio recording, or video recording,… without needing to register the copyright for the podcast. However, in reality, the law always encourages podcast authors or owners to register the copyright for podcasts to receive a Copyright Registration Certificate to protect the author’s interests best.

The copyright protection period for podcasts is specified in Article 27 of the Intellectual Property Law. Accordingly, a podcast published without knowing who the author is will have a copyright protection period of 75 years from the time the podcast was first published.

When there is a podcast with information about the author, the copyright protection period will be for the entire life of the author and 50 years following the year of the author’s death. In case there is a co-author, the protection period will end on the 50th year after the year the last co-author died.

Note that the copyright protection period as prescribed above will end at 24:00 on December 31 of the year the copyright protection period ends.

In conclusion, VCD finds that podcast copyright plays an extremely important role in protecting the rights of creators and developing the professional podcast community. Respecting copyright not only encourages creativity but also contributes to building a healthy competitive environment, where podcasters can safely invest time and effort in producing quality content.

Music copyright in streaming services

Written by Editor VCD on 2 August, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

The development of technology and the Internet has expanded the ability to transmit musical works to the public through streaming platforms. However, along with the convenience and popularity of these services, the problem of copyright infringement has also become more complicated. So, what is music copyright in streaming services? Please follow VCD’s article below.

1. Concept of music copyright in streaming services

According to the provisions of intellectual property law, music copyright is the legal rights of authors, composers, performers, and music producers over their musical works. Copyright ensures that music authors and producers have the right to control the use and exploitation of their works, and to receive compensation for that use.

Streaming is a fairly new term that is a product of scientific and technological development; considered an alternative to traditional file downloads: allowing streaming to provide content such as soundtracks for users to watch or listen to on an immediate and ephemeral basis.

From a legal perspective, there is currently no definition of the concept of online broadcasting or regulation of this behavior.

Online streaming services (also known as streaming services) are platforms or applications that provide media content such as music, videos, movies, TV shows, and other multimedia content through the Internet. Instead of having to download completely before it can be viewed or listened to, content is streamed directly from the service’s servers to the user’s device, allowing for immediate viewing or listening.

Therefore, Music Copyright on streaming services refers to the copyright protection of musical works when they are made available and accessible via streaming platforms such as Spotify, Apple Music, YouTube, Amazon Music, and similar services.

2. Legal regulations on music copyright in streaming services

Copyright under the current Intellectual Property law includes the author’s personal rights and property rights as specified in Article 19 and Article 20 of Consolidated Document No. 07/VBHN-VPQH.

Regarding Copyright, streaming is essentially a channel for transmitting works to the public through the creation of temporary copies and users directly viewing and listening to audio or images. To carry out online streaming activities, users often have to use two groups of rights including the right to copy works and the right to communicate works to the public as stipulated in Clause 1, Article 20 of this Law. At the same time, Clause 3, Article 20 further recognizes that in cases where organizations and individuals exploit and use one, some or all of these rights, they must apply for permission and pay royalties, remunerations and other benefits. other material for the owner. In other words, when streaming works online, there must be at least the consent of organizations and individuals who are copyright owners, except for the exceptions specified in Articles 25 and 26 of this Law.

Legal streaming services include all internet service providers that provide access to catalogs of musical or audiovisual works with the permission of the copyright owners. For example, platforms for streaming legal music works such as Spotify, Deezer, Apple Music… Accordingly, people who access these platforms must pay a certain fee to the service provider. The supplier is responsible for paying royalties and remunerations for the use of musical works to the copyright owner according to the Contract or according to the agreement between the parties.

There are also semi-legal live streaming services that provide access to copyrighted works through streaming without requiring permission from the copyright owner. The intermediary provides this service in case of illegal online streaming or at the request of a competent state agency to remove infringing content. Examples of sharing platforms are YouTube, Dailymotion, hosting services, or other similar content service providers.

Intermediary services play a significant role in communicating and distributing works to the public, including increasing or decreasing the value of musical works. Especially in cases where copyright infringement occurs, the enterprise providing this service is the first entity capable of preventing the infringement.

According to the provisions of Clause 3, Article 198b Draft dated March 24, 2022, of the Law amending and supplementing many articles of the Intellectual Property Law, enterprises providing intermediary services are exempt from liability in case of failure to comply. knowing that such digital information content violates copyright and related rights; Take action to quickly remove or prevent access to such digital information content when knowing that such digital information content violates copyright or related rights.

Similarly, Article 23d of Decree No. 27/2018/ND-CP dated March 1, 2018, of the Government (amending and supplementing many Articles of Decree No. 72/2013/ND-CP dated July 15, 2013, of the Government on management, provision, and use of Internet services and online information) regulates information management conditions for general electronic information sites and social networks, setting out basic requirements. coordination mechanism to immediately remove content that violates Clause 1, Article 5 of this Decree no later than 03 hours after self-discovery or request from the Ministry of Information and Communications or licensing agency (in writing). text, phone, email). Therefore, this is the responsibility, but also a right of businesses when providing intermediary services to perform management activities for information sources distributed on the platform they provide.

In conlusion, VCD finds that streaming is an effective way to convey music to the public, but also poses many copyright challenges. Using music without a license and without paying royalties is a serious violation of copyright. Legal and technological solutions need to be implemented synchronously to protect the rights of music authors and producers. International cooperation and the active participation of copyright management organizations also play an important role in solving this problem.

Music copyright in event organization

Written by Editor VCD on 26 July, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

Music is not just a simple source of entertainment but also plays an important role in creating unique experiences and powerful communication during the event. It is not just harmonious musical notes, but also a delicate means to stimulate emotions and create a special atmosphere. Therefore, music is considered one of the most important elements of an event, because it is a means to help the event convey messages to attendees, enhance emotions, and improve the experience of participants. However, how does the law regulate music copyright in event organizations? Please follow “Music copyright in event organization” VCD’s article below.

1. What is music copyright in an event organization?

According to Point d, Clause 1, Article 14 of the Intellectual Property Law, musical works are one of the works protected by copyright. Thus, song copyright is copyright for musical works.

Thus, music copyright is understood as the author’s right to the work expressed in the form of notes in music or other musical characters or shaped on audio or video recordings with or without music. lyrics, regardless of performance or non-performance from the moment the author creates the work.

Therefore, Music Copyright in event organization is the use of musical works in public or commercial events, including live performances, conferences, exhibitions, festivals, parties, weddings, restaurants, bars, and similar activities. This requires event organizers to obtain permission to use and pay royalties to authors, musicians, and music producers through copyright management organizations.

2. Legal regulations on music copyright in event organization

The revised Intellectual Property Law 2022 regulates cases that allow events to use music without asking permission from the owner.

In the case of using published works, permission is not required or copyright fees are paid, but information about the author’s name and origin of the work must be provided:

Performing works of theater, music, dance, and other types of artistic performances in cultural activities and propaganda activities for non-commercial purposes;

Recording and recording live performances for news reporting or teaching purposes.

In the case of using published works, permission is not required but one must pay copyright fees and information about the author’s name and origin of the work:

For events, video and audio recording programs with singers and performers:

If the organizing committee uses and broadcasts musical works that have been announced by the copyright owner to allow recording for commercial purposes, permission is not required, but copyright fees must be paid from the time of use.

In particular, if the program does not have sponsorship, advertising, or collection of money in any form, the copyright fee and payment method shall comply with the Government’s regulations.

If the program has sponsorship, advertising, or collection of money in any form, the copyright fee and payment method will be agreed upon by the parties; In case an agreement cannot be reached, the Government’s regulations will be followed.

For events and programs using music as audio and video recordings (weddings, inauguration ceremonies, conferences, seminars, etc.):

According to Article 33 of the Intellectual Property Law amended in 2022, organizations or individuals use published audio and video recordings for commercial purposes in events such as weddings, inauguration ceremonies, Conferences, seminars and similar programs do not require permission, but royalty fees must be paid to authors, copyright owners, performers, producers of phonograms, video recordings, and organizations. broadcast from use.

However, the royalty fee depends on the specific conditions of the program. If the program does not have sponsorship, advertising, or collection of money in any form, the fees will be regulated according to Government regulations.

In case the program has sponsorship, advertising or collection of money in any form, fees will be agreed between the parties involved. If no agreement can be reached, the Government’s regulations will apply.

For programs with the participation of artists such as dancers, dance troupes, and other performers, their remuneration will depend on the agreement with the audio or video recording producer when performing the program.

The ratio of distribution of copyright fees and other material benefits shall be agreed upon by the owners or collective representative organizations of copyright and related rights. Organizations collectively representing copyright and related rights can be entrusted to collect and distribute copyright fees and other material benefits. The authorized collective representative organization of copyright and related rights will receive a certain fee as agreed between the parties.

However, when using musical works, VCD advises organizations and individuals to comply with regulations on the normal exploitation of works and not harm the rights of authors and copyright owners. This means that the use of a musical work must not affect the normal exploitation rights of the work and must not cause damage to the rights of the author and copyright owner.

Copyright management rights in the music field

Written by Editor VCD on 26 July, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

In the context of digital music dominating the market with AI technology developing rapidly, the global music industry is also facing many opportunities and challenges. In particular, the issue of music copyright management in Vietnam has made important progress in recent years. However, how is copyright management in the music field regulated by law? Please follow “Copyright management rights in the music field” VCD’s article below.

1. What is the concept of copyright management rights in the music industry?

Copyright, also known as copyright, according to the provisions of Clause 2, Article 1 of the Intellectual Property Law, copyright is the right of organizations and individuals to the works they create.

Music is one of the indispensable sources of entertainment in human life. With lyrics and melodies that reflect human intelligence and thoughts, they strongly convey human emotions and thoughts, so music brings people happiness and love of life.

Therefore, copyright management in the field of music is the right and responsibility of agencies, organizations, and individuals to protect, exploit, and enforce copyright rights to musical works, including managing property and moral rights to ensure that authors, musicians, and music producers are protected and receive fair compensation for their creative efforts.

2. Copyright management rights in the music field

In Vietnam, music copyright management rights are exercised by state management agencies and collective copyright management (representative) organizations. As follows:

For state management agencies

According to Article 35 of Decree 22/2018/ND-CP stipulates the authority of agencies to issue, re-issue, change, and invalidate Copyright Registration Certificates and Related Rights Registration Certificates as follows: :

The Ministry of Culture, Sports and Tourism (Copyright Department) has the authority to issue, re-issue, change, and invalidate Copyright Registration Certificates and Related Rights Registration Certificates according to regulations. specified in Clauses 1 and 2, Article 51 of the Intellectual Property Law.

Copyright registration certificate and related rights registration certificate are issued according to the provisions of Article 49 and Article 50 of the Intellectual Property Law.

The Copyright Registration Certificate and Related Rights Registration Certificate are reissued in case the Copyright Registration Certificate or Related Rights Registration Certificate is lost or torn.

Copyright registration certificate and related rights registration certificate are issued in case of change of copyright owner, related rights owner or change of information about the author or owner. copyright owner, related rights owner, work, performance, sound recording, video recording, broadcast program.

Copyright registration certificates and related rights registration certificates are invalidated in the cases specified in Clauses 2 and 3, Article 55 of the Intellectual Property Law.

The Ministry of Culture, Sports and Tourism regulates the forms of Copyright Registration Declaration, Related Rights Registration Declaration, Copyright Registration Certificate, and Related Rights Registration Certificate according to regulations. at Point a, Clause 2, Article 50, and Clause 4, Article 51 of the Intellectual Property Law.

Accordingly, the agency with decision-making authority is the Copyright Office (Ministry of Culture, Sports and Tourism). Information and addresses of the Copyright Office and Representative Offices:

Head office of the Copyright Department: Address: 33 Alley 294/2 Kim Ma, Ba Dinh District, Hanoi.

Representative office of the Copyright Department in the City. Ho Chi Minh: Address: 170 Nguyen Dinh Chieu, District 3, City. Ho Chi Minh.

Representative office of the Copyright Department in Da Nang: Address: 58 Phan Chu Trinh, Hai Chau District, City. Danang.

For collective organizations (representatives) of copyright

In the Vietnamese legal system, there are many mechanisms to ensure copyright for musical works and rights related to musical works such as intellectual property law, administrative and criminal law. In addition to the self-protection mechanism of subjects in intellectual property legal relations, there are also non-governmental organizations established with the task of protecting the rights and related rights of the owners. in legal relations.

Collective management of copyright is an important mechanism to effectively protect and exploit copyright, especially in the field of music, the ability to license users to use the entire repository of works. Licensing activities are managed by that collective management organization, contributing to promoting the relationship between collective management organizations and other user units.

There are two common methods of collective rights management in Vietnam including:

First method: organizations and individuals using the work have agreed to pay fees directly to the authors when using their works.

Second method: authors can sign a contract to authorize the management and exploitation of rights with a collective management organization to receive remuneration for their works.

The exclusive right to use and license to use is the author’s most important right to his or her work. The collective management organization of copyright not only represents the collective nature of the author community but is also a common voice to protect the legitimate rights and interests of authors. However, in reality in Vietnam, copyright violations and non-payment of royalties to authors occur frequently, which not only violates the rights of authors but also shows the actual role of organizations. The collective management of copyright rights is still not respected and appreciated.

In Vietnam, VCD is also an organization that collectively manages copyright and related rights. VCD was established based on practical requirements, showing that the formation of a collective management organization for copyright is an inevitable consequence. In addition to providing registration and exploitation services for copyright and related rights, VCD also meets the need to resolve legal disputes about copyright for artists to protect their legitimate legal interests.

Music copyright between creators and artificial intelligence (AI)

Written by Editor VCD on 17 July, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

Copyright conflicts between creators and artificial intelligence (AI) are still a hot issue in the music industry. Currently, the use of generative AI services is spreading and is increasingly being applied to content creation. This makes many people afraid of copyright conflicts based on the premise of human musical creativity. VCD’s article below “Music copyright between creators and artificial intelligence (AI)” will help you better understand this issue.

1. Music copyright between creators and artificial intelligence AI

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 notes in music or other musical characters or shaped on a recording. Audio or video recording with or without lyrics, regardless of performance or non-performance. Therefore, music copyright is understood as the author’s right to the work expressed in the form of notes in music or other musical characters or shaped on audio or video recordings with or without music. lyrics, regardless of performance or non-performance, from when the author creates the work.

A musical creator (human) is an individual or group of people involved in the process of composing, producing, and performing musical works. Traditionally, ownership of music copyright belongs to the people who are the musicians, producers, or organizations that created the musical work.

AI is the simulation of intelligent human processes using machines, especially computer systems. Specific applications of AI include expert systems, natural language processing, speech recognition, and machine vision. Simply put, AI is a product created by humans, aimed at supporting and answering human questions.

Music copyright disputes between creators and artificial intelligence (AI) are legal and ethical conflicts related to ownership, use rights, and financial interests in musical works. created by AI technology. These disputes arise from determining who is the legal copyright owner of these works and who is entitled to related rights when AI is involved in the music creation process.

2. Copyright disputes between creators and artificial intelligence (AI) today

Most recently on June 24, 2024, Sony Music Entertainment, Warner Records, Capitol Records, and other record labels filed copyright infringement lawsuits in federal courts in Boston and New York, claiming that “Suno and Udio copied artists’ life’s work and exploited it for profit without consent or royalties” alleges that these music AI startups are illegally exploiting recorded works by many artists, from Chuck Berry to Mariah Carey.

The lawsuit accuses the software of “stealing” songs to create similar tunes, seeking $150,000 in damages per composition. If convicted, the compensation that Suno and Udio must pay could reach a huge amount. This tough move clearly shows the music industry’s determination to establish a clear legal framework for AI, while also deterring other companies that intend to train AI models without prior consent.

The Recording Industry Association of America (RIAA) is the initiator of these lawsuits, intending to assert that “there are no exceptions for AI technology to copyright law and AI companies cannot stand outside of it.” law”.

Suno launched its first product in 2023 and says more than 10 million people have used its tools to create music. The company has a partnership with Microsoft, currently charges a monthly fee for its service, and recently announced it raised $125 million from investors. Meanwhile, New York-based Udio, backed by prominent venture capitalists like Andreessen Horowitz, went public in April 2024 and quickly gained notoriety as the tool used to create BBL Drizzy – a “parody” song related to the conflict between two famous rappers Kendrick Lamar and Drake.

RIAA affirmed that the music created by the software of these two companies is incredibly similar to the original work, proving that they were trained with copyrighted music. According to The Wall Street Journal, AI companies have created products identical to My Girl by The Temptations, American Idiot by Green Day, All I Want for Christmas Is You by Mariah Carey… and many other famous songs. The software can even create “fake” singing voices that are indistinguishable from the real voices of artists such as Lin-Manuel Miranda, Bruce Springsteen, Michael Jackson, and ABBA…

Although not opposed to AI learning from copyrighted works, the RIAA believes that using data without a license and consent from the copyright owner is a violation of the law, because the record label (and the artists themselves) don’t receive any of the profits. AI cannot justify not following the “rules of the game”, and large-scale theft of recordings is already threatening “the entire music ecosystem”.

The recording industry is working to build cooperation agreements with AI companies, allowing them to use music data legally and ensuring benefits for both sides. A typical example is the agreement between Universal and SoundLabs, which allows SoundLabs to create vocal models while still ensuring ownership and control of the final product. Universal also partnered with YouTube on a licensing agreement and paid royalties for AI-generated content.

In conclusion, VCD sees that the rapid development of artificial intelligence (AI) in the field of music and art poses many new challenges regarding copyright. Currently, current copyright laws are not flexible enough and cannot be directly applied to musical works created or developed by AI. Organizations and lawmakers must consider and introduce regulations to ensure the rights of artists and music producers and encourage the creativity and development of AI in this field. new.

Music copyright in advertising programs

Written by Editor VCD on 17 July, 2024. Posted in Announcement, Copyright Registration, Musical work.

Copyright issues face many global challenges in the media and advertising sector, including Vietnam. In Vietnam, many cases of copyright infringement in advertising have been recorded. , such as using a famous song in a promotional video without the author’s permission or using another brand’s image or logo without consent, resulting in trademark rights violation. Therefore, it is necessary to clearly understand the provisions of Intellectual Property law on music copyright in advertising programs. VCD’s article “Music copyright in advertising programs” below will help you understand this issue.

1. Concept of music copyright in advertising programs

Music copyright according to the provisions of the Intellectual Property Law is the author’s right to the work expressed in the form of notes in music or other musical characters or shaped on audio or video recordings. with or without lyrics, regardless of performance or non-performance, from when the author creates the work.

Advertising is a form of communication to introduce and promote products, services, or brands to target customers. Music is often used in advertising to create an impression and enhance the message’s effectiveness.

Therefore, music copyright in advertising programs is the legal use of musical works (such as songs, and musical scores) in advertising content, while complying with copyright regulations. This requires advertising producers to obtain permission to use and pay royalties to authors, musicians, and music producers through copyright management organizations.

2. Legal regulations on music copyright in advertising programs

According to the provisions of Article 26. Copyright limitations of the Intellectual Property Law stipulate as follows:

Cases of using published works that do not require permission but require payment of copyright, information about the author’s name and origin of the work include:

a) Inventing organizations use published products or works that have been permitted by the copyright owner to be recorded on audio or video recordings for commercial purposes to detect sponsorship; Newspaper advertising or collection of money in any form is not allowed, but royalties must be paid to the copyright owner from the date of use. The parties agree upon royalty level and payment method; In case consent is not reached, the Government’s regulations shall be followed.

Broadcasting organizations use published products or works that have been permitted by the copyright owner to be fixed on audio or video recordings for commercial purposes for broadcasting without sponsorship or advertising. Report or do not collect money in any form without asking for permission but must pay royalties to the copyright owner from the time of use according to government regulations;

b) In case the work has been permitted by the copyright owner to be fixed on an audio or video recording for commercial purposes, organizations and individuals may use this audio or video recording in their activities. Business and commercial activities do not require permission but must pay royalties to the copyright owner of that work according to the agreement from the time of use; In case an agreement cannot be reached, the Government’s regulations will be followed. The government regulates the business and trade activities specified in this point in detail.

When broadcasting organizations broadcast advertising programs, permission will not be required, but royalties or remuneration will be required to be paid, the procedure will be as follows:

– Case 1: A broadcasting organization that uses a published work to broadcast with sponsorship, advertising, or collecting money in any form is not required to ask for permission, but must pay royalties and remuneration to the owner. own copyright from the moment of use. The level of royalties, compensation, other material benefits, and payment method shall be agreed upon by the parties; In case no agreement is reached, comply with the Government’s regulations or initiate a lawsuit in court according to the provisions of law;

– Case 2: Broadcasting organizations that use published works to broadcast without sponsorship, advertising, or collecting money in any form do not have to ask for permission, but must pay royalties and remunerations. to the copyright owner since use is according to government regulations.

However, it should be noted that using song lyrics must not affect the normal exploitation of the work, and must not harm the rights of the author or copyright owner; Must provide information about the author’s name and the origin of the work.

There are some cases in which advertising is exempt from copyright. If the work used in advertising has expired its property rights protection period (usually 50 years after the author’s death), the organization will , individuals can use the work without asking permission and paying royalties, but it is still necessary to state the author’s name and the origin of the work used in advertising.

If an advertisement uses images, sounds, or videos provided by a third party, the business needs to request that a third party provide documents proving these rights, such as a management authorization contract. , exploitation of works or copyright transfer contracts, work use contracts… which acknowledge that a third party has the right to allow other entities to use the work.

Some advertising uses a copyrighted work without the permission of the author or copyright owner, but there is no business profit from it. This does not fall under the exceptional cases of non-infringement of copyright specified in Article 25 of the Intellectual Property Law. Therefore, this case is still considered a copyright infringement.

In addition, in case a business uses creative works as part of an advertising campaign, the business must seek permission and pay royalties to the author, otherwise, it will be considered an act of copyright infringement. counterfeit, except in cases where the copyright period of the work has expired.

In conclusion, VCD finds that complying with regulations on music copyright in advertising not only protects the rights of authors but also helps you avoid legal risks. This ensures that the music used in advertising is effective and respects intellectual property rights.

What rights does the producer have over audio and video recordings?

Written by Editor VCD on 12 July, 2024. Posted in Announcement, Audio and video recording, Copyright exploitation cooperation services, Musical work.

Related rights are another form of intellectual property law that protects the rights of owners. The protected subjects of related rights also belong to almost all fields. Audio and video recordings are one of the objects within the scope of protection of related rights. However, not all audio and video recordings created are protected by Vietnamese law. So how does the law regulate producers’ rights to audio and video recordings? Please follow VCD’s article below.

1. What are the producer’s rights to audio and video recordings?

Audio and video recordings: According to Decree 17/2023/ND-CP, there is an understanding of audio and video recordings: Audio and video recordings are the fixations of sounds and images of the conversation. performance or other sounds or images or the fixation of reproducing sounds or images other than in a fixed form associated with a cinematographic work or a work created by a similar method. Audio and video recordings can be recordings to disseminate news on radio, television services, or cyberspace; records of performing arts programs; records of the activities of one or more people, depicting actual events, situations, or programs.

According to the provisions of Clause 3, Article 16 of the Intellectual Property Law 2005, the producer of audio or video recordings is the organization or individual that first shapes the sounds and images of the performance or the sounds and other images.

Therefore, the rights of producers of sound and video recordings are understood as the rights that producers have over the products they have created, including sound recordings (such as music albums, and songs). and video recordings (such as music videos, and movies). These rights are recognized and protected by law, to help manufacturers control the use and distribution of their products. This right generally includes the right to copy, distribute, publicly perform, broadcast, and create derivative works from the audio or video recording.

What rights does the producer have over audio and video recordings

2. Producer’s rights to audio and video recordings

Producers of audio and video recordings have the exclusive right to exercise or allow other organizations and individuals to exercise the following rights as prescribed in Clause 1, Article 30 of the Intellectual Property Law:

a) Copy all or part of your audio or video recording by any means or form, except for the case specified in Point a, Clause 3 of this Article;

b) Distributing, importing for distribution to the public through sale or other form of transfer of ownership rights to originals, copies of their audio and video recordings in tangible form, except for cases specified at Point b, Clause 3 of this Article;

c) Commercially rent to the public originals or copies of your audio or video recordings, even after being distributed by the producer or with the permission of the producer;

d) Broadcast and communicate to the public their audio and video recordings, including providing the public with audio and video recordings in a way that the public can access at a place and time of their choosing.

Note: In the provisions of Clause 2, Article 30 of the Intellectual Property Law, when exploiting and using one, several, or all of the rights as prescribed above in this Section, organizations and individuals must:

Obtain permission from the owner of the rights to the audio or video recording;

Organizations and individuals, when exploiting and using one, some, or all of the above rights, must obtain permission from the owner of the rights to the audio or video recording and pay royalties and other benefits. Other material (if any) gives the owner the rights to the audio or video recording according to the provisions of law or according to agreement in cases where the law does not stipulate, except in the following cases:

Copy audio or video recordings only to exercise other rights prescribed by this Law; temporary copying according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or legal use of audio or video recordings, without Independent economic purposes and copies are automatically deleted, with no possibility of recovery;

Subsequent distribution, import for distribution of originals, copies of audio and video recordings that have been authorized or authorized to be distributed by the owner.
Belongs to one of the exceptions of non-infringement of copyright, the exception of non-infringement of copyright for people with disabilities, and limitations of copyright specified in the Intellectual Property Law.

Belongs to one of the exceptional cases of non-infringement of related rights and limitations of associated rights specified in the Intellectual Property Law.

The protection period of the producer’s rights to audio and video recordings according to Clause 2, Article 34 of the Intellectual Property Law:

“2. The rights of producers of phonograms or video recordings are protected for fifty years from the year following the year of publication or fifty years from the year following the year in which the phonogram or video recording is fixed if the phonogram, recording has not been published”.

In conlusion, according to regulations, the term of protection of related rights of producers of sound and video recordings is fifty years from the year following the year of publication or fifty years from the year following the year of the sound recording. The video recording is fixed if the audio or video recording has not been published. This protection period will end at 24:00 on December 31 of the year in which the related rights protection period ends.

Inherit music copyright when the musician passes away

Written by Editor VCD on 12 July, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

The right to bequeath and inheritance are fundamental rights of citizens protected by law. People have the right to decide whether to leave their assets after death and the right to inherit assets from the deceased. Inherited assets can include types of assets such as cash and physical assets. (such as houses, land, vehicles), valuable documents (such as share certificates, contracts, property documents), intellectual property rights (such as copyrights, trademarks, patents) institutions), and other types of assets. So, how does the law regulate music copyright inheritance when a musician passes away? Please follow “Inherit music copyright when the musician passes away” VCD’s article below.

1. What is music copyright inheritance?

According to the provisions of Point d, Clause 1, Article 14 of the Intellectual Property Law 2005, musical works are one of the types of artistic works protected by copyright. Referring to Clause 4, Article 6 of Decree 17/2023/ND-CP, “Musical works specified in Point d, Clause 1, Article 14 of the Intellectual Property Law are works expressed as musical notes in a musical score. or other musical characters regardless of performance or non-performance.”

Musical works are protected by copyright from the moment the work is created in a recordable form in physical form, which can be on paper, typewritten, or another form of recording. Thus, when the musician only thinks about the lyrics in his head but has not yet expressed them in physical form, the music is not protected by copyright.

Music copyright is understood as the author’s right to a work expressed in the form of notes in music or other musical characters or shaped on audio or video recordings with or without lyrics, without lyrics. depends on performance or non-performance from the moment the author creates the work.

Therefore, music copyright inheritance transfers rights related to musical works from the deceased musician (author) to the legal heir. This process is governed by the Intellectual Property Law and inheritance regulations in the Civil Code. When inheriting a music copyright, the heir will receive property rights and some moral rights related to that musical work.

2. Inherit music copyright when the musician passes away

When a musician passes away, the copyright of the songs composed by that musician will be inherited according to the law.

Inheritance according to will: If the musician has a will, the copyright will be transferred according to the content of the will. A will must comply with the law regarding form and content to be legally effective.

Inheritance according to law: If the musician does not leave a will or the will is not legal, the copyright will be inherited according to the provisions of the law on inheritance. According to the Vietnamese Civil Code, heirs at law include:

First line of inheritance: spouse, biological father, biological mother, adoptive father, adoptive mother, biological children, adopted children of the deceased.

Second line of inheritance: paternal grandparents, maternal grandparents, siblings of the deceased, grandchildren of whom the deceased is a grandfather, grandmother, maternal grandfather, maternal grandmother.

Third line of inheritance: paternal great-grandfather, maternal great-grandfather of the deceased, maternal uncle, paternal uncle, paternal uncle, maternal aunt, paternal aunt of the deceased; nephew whose deceased is a paternal uncle, maternal uncle, paternal uncle, maternal aunt, maternal aunt; great-grandchildren whose deceased is paternal and maternal great-grandparents.

According to Article 40 of the Intellectual Property Law 2005, the provisions on copyright inheritance are as follows: Copyright owners are organizations and individuals who inherit copyright rights according to the provisions of the law on inheritance. owner of the rights specified in Article 20 and Clause 3, Article 19 of this Law.

– Specifically, Article 19 of the 2005 Intellectual Property Law, amended by Clause 5, Article 1 of the 2022 Amended Intellectual Property Law (Effective from January 1, 2023), stipulates moral rights as follows:

Personal rights include:

1. Name the work.

The author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of property rights specified in Clause 1, Article 20 of this Law;

2. Put your real name or pseudonym on the work; be given your real name or pseudonym when the work is published or used;

3. Publish the work or allow others to publish the work;

4. Protect the integrity of the work to prevent others from distorting it; Do not allow others to modify or mutilate the work in any form that harms the author’s honor and reputation.

– According to Article 20 of the 2005 Intellectual Property Law, amended by Clause 5, Article 1 of the 2022 Amended Intellectual Property Law (Effective from January 1, 2023), property rights are stipulated as follows:

1. Property rights include:

a) Making derivative works;

b) Perform the work to the public directly or indirectly through audio or video recordings or any other technical means at a location that is accessible to the public but that the public cannot freely choose. choose the time and each part of the work;

…

3. Copyright owners do not have the right to prohibit other organizations or individuals from performing the following acts:

a) Copy works only to exercise other rights as prescribed by this Law; Temporary copying according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or legal use of the work, without economic purpose independent and the copy is automatically deleted, there is no possibility of recovery;

b) Subsequent distribution or import for distribution of originals or copies of works that have been distributed or authorized by the copyright owner.

Therefore, from the above regulations, the heirs will inherit the following copyright rights:

+ Moral rights: Publish the work or allow others to publish the work; (The remaining rights are moral rights attached to the author so they cannot be inherited).

+ Property rights as prescribed above.

Normally, the copyright will be transferred to the heirs according to the musician’s will or according to the provisions of estate law. The heir can be someone from the musician’s family, such as a child, spouse, or close friend. Musicians can sometimes appoint an attorney to manage their work and copyrights after their death. Copyright can also be transferred or sold in cases where the musician has made a will or agreement before his death. In these cases, the purchaser or transferee becomes the copyright owner.

– However, the heir may only exercise the inherited copyright rights during the remaining copyright protection period. According to Article 27 of the Intellectual Property Law 2005, the copyright protection term (amended by Clause 8, Article 1 of the 2009 Intellectual Property Law, effective from January 1, 2010) is specified. determined as follows:

Term of copyright protection

1. Personal rights specified in Clauses 1, 2, and 4, Article 19 of this Law are protected indefinitely.

2. Personal rights specified in Clause 3, Article 19, and property rights specified in Article 20 of this Law have the following protection period:

….

b) Works other than those specified in Point a of this Clause have a term of protection that is the entire life of the author and fifty years following the year of the author’s death; In case a work has a co-author, the term of protection ends in the fiftieth year after the year the last co-author dies;

c) The protection term specified in Points a and b of this Clause ends at 24:00 on December 31 of the year the copyright protection term expires.

Therefore, according to the above regulations, the following elements will be protected forever, including:

+ Name of the work;

+ Author’s real name or pen name;

+ The integrity of the work;

In addition to the above factors, the work will have a limited protection period for musical works of 50 years following the year of the author’s death. In conclusion, VCD finds that music copyright inheritance is an important legal issue to ensure the rights of authors and heirs. Compliance with legal regulations on inheritance helps protect and develop cultural and artistic values while ensuring fairness and transparency in the use and exploitation of music