Author: Editor VCD

Applying for a music performance license

Written by Editor VCD on 8 October, 2024. Posted in Announcement, Copyright Registration, Musical work.

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.

Assessment of copyright and related rights

Written by Editor VCD on 24 September, 2024. Posted in Announcement, Copyright Registration, Copyright-related rights.

The strong development of the 4.0 industrial revolution, with remarkable advances in information technology, artificial intelligence, and blockchain, has brought many opportunities and challenges in copyright protection. These advances require adjustments and updates to copyright regulations, including exceptions, to ensure a balance of interests between creative entities and the public in modern society. The following “Assessment of copyright and related rights” VCD article will help you learn in detail about copyright and related rights appraisal.

1. Concept and principles of copyright and related rights appraisal

The Law on Intellectual Property stipulates in Clause 4 the concept of Copyright and Related Rights as follows:

2. Copyright is the right of an organization or individual to a work created or owned by them.

3. Rights related to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to performances, sound recordings, video recordings, broadcast programs, and encrypted satellite signals.

According to Clause 1, Article 201 of the Law on Intellectual Property, an intellectual property appraisal is the use of knowledge and professional expertise by organizations and individuals specified in Clauses 2 and 3 of this Article to assess and conclude on issues related to intellectual property rights. Judicial appraisal of intellectual property is carried out by the provisions of the law on judicial appraisal.

Therefore, appraisal of copyright and related rights is understood as the process of examining, evaluating, and determining the legality of intellectual property rights to literary, artistic, and scientific works, as well as rights related to copyright such as the rights of performers, producers of sound recordings, video recordings, and broadcasting organizations. Experts or competent organizations usually carry out this process to resolve disputes or ensure compliance with the law.

The principles of appraisal of copyright and related rights are stipulated in Clause 3, Article 92 of Decree 17/2023/ND-CP as follows:

Assessment of copyright and related rights

…

3. The principles of appraisal of copyright and related rights are implemented according to the provisions of Clause 4, Article 201 of the Law on Intellectual Property.

Accordingly, referring to Clause 4, Article 201 of the Law on Intellectual Property, the principles of appraisal of copyright and related rights are implemented according to the following 5 principles:

The principles of appraisal include:

a) Complying with the law, following the order and procedures of appraisal;

b) Honesty, accuracy, objectivity, impartiality, timeliness;

c) Only making professional conclusions on issues within the required scope;

d) Be responsible before the law for the appraisal conclusion;

d) Appraisal costs are determined by agreement between the person requesting the appraisal and the appraisal organization or individual.

In Clause 1, Article 95 of Decree 17/2023 as follows:

Copyright and related rights appraisal organization

A copyright and related rights appraisal organization is an organization that meets the conditions specified in Clauses 2 and 2a, Article 201 of the Law on Intellectual Property, provisions of relevant laws. It is granted a Certificate of copyright and related rights appraisal organization (from now on referred to as the Appraisal Organization Certificate).

In conjunction with the provisions of Article 201 of the Law on Intellectual Property, a copyright and related rights appraisal organization is an organization that meets the following conditions:

Has at least 1 individual with an Intellectual Property Appraisal Card to conduct appraisal activities on intellectual property;

Foreign law firms practicing in Vietnam are not allowed to conduct intellectual property appraisal services;

Granted a Certificate of Organization for Appraisal of Copyright and Related Rights (Certificate of Appraisal Organization).

2. Rights and obligations of an organization for appraisal of copyright and related rights

According to the provisions of Clause 2, Article 95 of Decree 17/2023/ND-CP as follows:

Organization for appraisal of copyright and related rights

…

2. Organizations for appraisal of copyright and related rights have the following rights:

a) Hire appraisers for copyright and related rights to conduct appraisals on a case-by-case basis;

b) Request organizations and individuals to provide information and documents related to the appraisal subject to perform the appraisal, unless otherwise provided by law;

c) Other rights as prescribed by law.

Clause 3, Article 95 of Decree 17/2023/ND-CP stipulates the obligations of copyright and related rights appraisal organizations as follows:

Copyright and related rights appraisal organizations

…

3. Copyright and related rights appraisal organizations have the following obligations:

a) Operate by the appraisal field stated in the Business Registration Certificate or the Certificate of Registration of Operation and the Certificate of Appraisal Organization;

b) Carry out appraisals by the principles prescribed in Clause 4, Article 201 of the Law on Intellectual Property;

c) Preserve and store documents and records related to the appraisal case;

d) Keep confidential information and documents at the request of the organization or individual requesting the appraisal and must compensate for damages in case of disclosure of confidential information causing damage to the relevant organization or individual;

d) Refuse to accept and carry out appraisals in cases where other laws require refusal of appraisals;

e) Implement the information regime and report on appraisal activities periodically every 6 months and annually in writing to the specialized agency in charge of state management of copyright and related rights of the Ministry of Culture, Sports and Tourism;

g) Other obligations as prescribed by law.

At the same time, when performing appraisal activities, it is necessary to comply with the principles prescribed in Clause 4, Article 201 of the 2005 Intellectual Property Law, amended by Point b, Clause 78, Article 1 of the 2022 amended Intellectual Property Law as follows:

Intellectual property appraisal

…

4. Principles for performing appraisal include:

a) Complying with the law, following the appraisal order and procedures;

b) Being honest, accurate, objective, impartial, and timely;

c) Only giving professional conclusions on issues within the requested scope;

d) Being legally responsible for appraisal conclusions;

dd) Appraisal costs are determined by agreement between the person requesting appraisal and the appraisal organization or individual.

Therefore, the rights and obligations of the copyright and related rights appraisal organization are determined according to the above content.

3. Documents for appraisal of copyright and related rights

Document requesting appraisal, including the following main contents

Name and address of the individual or organization requesting appraisal;

ID card number or establishment decision number or registration certificate number, date of issue, place of issue of the individual or organization requesting appraisal;

Phone number, Fax, E-mail of the individual or organization requesting appraisal;

Qualification of the appraisal request (author; copyright owner; related rights owner; person with related rights and interests; other qualifications);

Basis for appraisal request;

Content of appraisal request;

Other related content.

Attached documents:

Samples to be appraised

Documents proving the author, copyright owner, related rights owner, work, and related rights subjects;

In conclusion, VCD sees that the appraisal of copyright and related rights is an important process to protect the legitimate rights of authors and related entities. Performing the appraisal correctly and accurately not only helps to resolve disputes effectively but also ensures compliance with legal regulations on intellectual property rights. The combination of the expertise of experts and the application of advanced technology will play an important role in improving the efficiency and reliability of the appraisal process.

Copyright infringement in games

Written by Editor VCD on 17 September, 2024. Posted in Announcement, Computer program and data compilation, Copyright exploitation cooperation services.

With the explosion of technology, most people today own at least one smartphone, leading to an increasing demand for personal entertainment, especially in the field of online games. Mobile game titles have become diverse and brought huge revenue to companies in the industry. However, the phenomenon of “referring to ideas” is becoming more and more popular, causing many copyright disputes and negatively affecting both the economy and the reputation of game companies. So, what causes copyright infringement in games? Follow the article on VCD below.

1. Legal regulations on copyright in games

A game (electronic game) is a game that uses electronic devices to create an interactive system that players can play. The game is a place for the author to draw a message, a lesson, or a subjective view of the author on the real world in human life. Talking about games is talking about a combination of many fields: code, music, acting, art,…

Game copyright is the protection of rights for game production companies, programmers, and designers (authors) for game source codes, that is, source codes, and sequences of commands written in a certain programming language. Games are intellectual products of humans with investment in scientific, technological, and technical equipment.

In which, game designers have rights to the product according to specific regulations in Article 22 of the Law on Intellectual Property. Accordingly, game designers have the right to legally use a copy of the computer program as a backup copy to replace when that copy is deleted, damaged, or cannot be used, but cannot be transferred to another organization or individual.

If you want to register copyright protection for game applications, you must register in two forms: applied artworks and computer programs. Clause 1, Article 22 of the Law on Intellectual Property stipulates that a computer program is a set of instructions expressed in the form of commands, codes, diagrams or any other form that, when attached to a medium that can be read by a computer, is capable of making the computer perform a task or achieve a specific result. Game applications that fully meet the above factors will therefore also be protected as computer programs.

In addition, the author also has copyright protection for the game application, including personal rights and property rights. Organizations and individuals who exploit some or all of these property rights must ask for permission and pay royalties, remuneration, and other material benefits. At the same time, authors organizations, and individuals who invest in creating computer programs can negotiate to repair and upgrade computer programs and have the right to legally use a copy of the computer program as a backup copy to replace when that copy is lost or damaged.

2. Causes of increasing game copyright infringement

a. Objective causes

First, the regulations on intellectual property and sanctions for handling infringements are not focused but scattered in many different legal documents. The regulations and sanctions for handling violations are not yet complete and consistent, especially the regulations on measures and sanctions for handling violations are only limited to administrative forms that are not suitable for reality and are not deterrent enough. Organizations and individuals are willing to pay administrative fines but continue their violations because the profits they bring are higher than the amount of fines. Second, the regulations on the protection period for electronic games are too long and not suitable for reality. Our country’s law stipulates that the copyright protection period for games is the lifetime of the author and fifty years after the author’s death. Because electronic games quickly become outdated after a short time or are even no longer used, if the protection period is too long and the price of copyrighted games is too expensive, illegal use of pirated games is inevitable.

Third, the information management system on the Internet has not achieved high efficiency. In the digital age, tightening the censorship of information exchange and contact on digital platforms is very important. Because most violations are carried out via the Internet. In addition, the suspension of licensing of online electronic games has also led to a situation where domestic games are blocked but foreign games and pirated games are rampant to make illegal profits openly but have not yet been detected and handled promptly.

b. Subjective causes

First, because acts of infringement of electronic games often create high-profit values, they can attract many participants, including pure laborers. In addition, many subjects with knowledge of information technology have arbitrarily written and created fake games or established pirated online game servers based on copyrighted games. The ultimate goal is still to steal money from those illegal acts.

Second, the income of users is not high. The copyright prices of electronic games today are high while the income of people is still low. Meanwhile, in Vietnam, the majority of people who like to use games for entertainment are mainly students and university students. These people live on the allowances from their families, so choosing pirated games will save more money.

Third, the lack of understanding of the whole society about the issue of intellectual property rights is still limited, and the awareness of respecting intellectual property rights has not been formed. People still have the mindset of using for free without having to pay, even businesses still carelessly use electronic games that are downloaded for free or find ways to crack them without thinking about having to pay or ask for permission from the owner. In addition, there is the support of groups specializing in creating game-cracking software, fake tips are widely shared on the internet, helping people not to have to spend too much effort and money to be able to experience products similar to the legitimate copyrighted game system.

VCD believes that to limit the infringement of video game copyright and improve management efficiency, it is necessary to reform copyright laws to adapt to new technology, strengthen deterrence with strict penalties, and raise copyright awareness through education. Promoting protection technology such as blockchain, establishing a specialized monitoring agency, and encouraging creativity from developers are also important solutions to protect rights and create a healthy development environment for the video game industry.

Copyright of folk music

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

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.

Copyright for musical works of unknown author

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

The current copyright situation with musical works of unknown authorship is very complicated. Due to a lack of information about the author, many people use these works freely, leading to disputes over ownership rights and a lack of effective protection mechanisms. This causes damage to the authors (if identified), copyright management organizations, and users of the work. Therefore, it is necessary to understand the legal provisions on this issue. VCD’s article below will help you.

1. What is a musical work of unknown author?

According to Decree 17/2023/ND-CP and the provisions of Point d, Clause 1, Article 14 of the Intellectual Property Law, musical works are works expressed in the form of musical notes in music or other musical characters, regardless of performance or non-performance.

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

Therefore, a musical work is considered to have an unknown author when:

No author information: no evidence was found about the creator of the musical work.

Unknown author: many people are claiming to be the author or owner of the work or have conflicting information about the author.

The author has passed away and has no legal heirs: the copyright cannot be transferred to any individual or organization.

2. Legal regulations on copyright for musical works of unknown author

Currently, the law does not have a mandatory regulation that authors must provide evidence proving that they are the author of a musical work when they register a copyright at the Copyright Office or authorize an organization to represent the collective. management authority. Whether they are truly the author or not depends on the commitment of the author/owner of the work with the relevant entities, the Copyright Office, and collective rights organizations. However, they must prove that they are the author/owner of the song when there is evidence against them. This means that they only have to provide grounds and evidence to prove when there is a dispute or conflict over ownership of that work.

As a result, the online community has sparked many fierce controversies. In reality, many famous songs have existed since ancient times and it is unclear who the author is or non-professional authors do not know clearly how to collect fees and the great value that music copyright fees bring. for them. In addition, if anyone can authorize the collection of music copyrights without evidence, it is very easy to impersonate the author for personal gain, blatantly collecting royalties from that song until the end of the song. when the real author of the song spoke up.

On today’s digital platforms, there are still individuals and units who abuse the policies of these platforms to “claim” works as their own to benefit themselves from royalties.

When content creators use musical works to create new recordings and post them on social networking platforms, they must get permission from the copyright owner. Because using another person’s work for commercial purposes requires the author’s consent, asking for permission is considered a mandatory obligation. In addition, the channel owner will have to pay copyright fees to the author according to the agreement between the two parties. The agreement must clearly state the royalty rate, payment method, and payment time. If in case of cooperation, the channel owner will have to pay copyright fees to the author according to the agreement between the two parties. If a product has been posted for a long time and is only discovered later, the author or the party authorized to manage it may request collection.

According to the provisions of Article 23 of Decree 17/2023/ND-CP, organizations and individuals who want to use the work must prove that they or the unit have made efforts to find the author but to no avail. After the application is approved, the State will be the representative to manage copyright and rights related to that work. At the same time, organizations and individuals whose applications are approved must pay royalties and be subject to inspection and supervision by competent State agencies on how to use that work.

Copyright fees that organizations and individuals using works will have to pay into a common account for rights holders who cannot be found or contacted. After 5 years, if the author is still not found, the collected money will be used for activities to encourage creativity, and propaganda and promote the enforcement of copyright and related rights protection according to the provisions of the Law. law after deducting management and search costs as prescribed by law.

VCD feels that it is extremely important to understand copyright regulations for musical works of unknown authorship. It not only helps protect the rights of authors, if identified but is also key to protecting the rights of copyright management organizations, avoiding violations of the law, and promoting industry development. music industry.

What is the copyright registration service?

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

Copyright registration is an important legal procedure to protect intellectual property rights for your creations. This registration helps assert copyright, prevent copyright infringement, increase brand value, and create conditions for you to legally exploit the work. Therefore, the birth of the copyright registration service was inevitable. VCD’s article below will help you.

1. Concept of copyright registration service

According to Philip Kotter, a service is any activity or benefit that one entity provides to another entity in which the object provided is necessarily intangible and does not lead to ownership of any object, while The production of a service may or may not be tied to a physical product.

Service is an activity that includes non-existent elements, resolving relationships between customers or assets that customers own and suppliers without the transfer of ownership.

There are many concepts when answering the question of what a service concept is, but we can understand it simply as follows:

Service is a product of labor not in the form of an object but a value, an experience of the consumer. Service is a link that helps suppliers and consumers, economic sectors, regions in the country and even foreign countries connect closer together.

Registering means recording your name or information on a list or system to show participation, interest or to receive services or benefits from an organization or event. …

An author according to Wikipedia is a person who creates written works such as books, plays, poems, songs… More precisely, an author is someone who created or gave life to something and is responsible for that thing. there. According to the Intellectual Property Law stipulated in Article 12a, the author is the person who directly creates the work. In cases where two or more people directly create a work with the intention that their contributions combine into a complete whole, those people are co-authors.

According to Clause 2, Article 4 of the Intellectual Property Law, copyright is the right of organizations and individuals to works they create or own. This right arises from the moment that work is created and expressed in a certain material form, regardless of content, quality, form, medium, or language, regardless of whether Published works are registered or unregistered.

Copyright registration, also known as copyright protection, is a measure to protect legal rights when a dispute occurs and is the basis for proving the time when rights arise. Copyright registration ensures authors and owners against infringements and serves as a declaration of legal ownership of their work. In addition, copyright registration is also a certification of human creativity by giving the author worthy rewards and encouraging the working spirit of the creator.

From the above analysis, it can be understood that the copyright registration service is fake because the author or owner of the work authorizes a representative organization that has been granted a copyright registration service certificate to represent them. register copyright at the Copyright Office to issue a Copyright Certificate for the work according to the provisions of law.

2. VCD’s copyright registration service

Vietnam Copyright Development Joint Stock Company is a licensed copyright registration service company specializing in providing customers with all legal services related to copyright and related rights.

Accordingly, during the copyright registration process for customers, VCD commits to perform the tasks, duties, and obligations under the Contract.

Advise customers on the copyright registration process clearly and in detail.

Look up information related to copyright registration.

Consulting and classifying copyright registration subjects under customer requirements.

Consulting and representing customers to carry out procedures for registering copyright and related rights.

Advise on necessary documents and information that customers need to prepare to proceed with registration.

Prepare and draft copyright registration documents.

The authorized representative of the customer submits a registration application at the Copyright Office.

Monitor the review of documents, and promptly supplement and amend documents as requested by the document review specialist.

Handle and resolve requests and issues that arise while working with the Copyright Office.

On behalf of the customer, receive the Certificate of copyright registration and related rights and send the results to the customer.

Complain about decisions related to granting or invalidating copyright certificates.

Consult and coordinate with competent state agencies to resolve disputes and handle copyright and related rights violations. Participate in court proceedings as a lawyer to protect clients’ interests.

With the above work content, customers just completing the copyright registration procedure for the first time will not encounter any obstacles because of the enthusiastic support from consultants. In addition, Vietnam Copyright Development Joint Stock Company is a reputable provider of services related to the field of copyright in Vietnam and the world. VCD has completed copyright registration for many works with many customers throughout the years of service operation.

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.