Author: Editor VCD

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.

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.

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.

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.

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.

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

In Vietnamese culture, singing and music are important in cultural, family, and community events. Singing at agency festivals is also a popular and popular activity in Vietnam. In agency festivals, singing, and musical performances are often organized as part of entertainment programs or internal events. Employees can show off their solo singing skills, sing in a chorus, or join music groups, bands, or karaoke teams to showcase their musical talents and create a joyful, vibrant atmosphere. However, people often do not pay attention to whether singing like this violates copyright. VCD’s article below will answer this question.

1. Legal regulations on music copyright

Copyright for musical works is a form of copyright in general, specified in Clause 2, Article 4 of the 2005 Intellectual Property Law, amended and supplemented in 2009, 2019, 2022 (Hereinafter referred to as abbreviated as “Intellectual Property Law 2005, amended and supplemented”) as follows: “Copyright is the right of organizations and individuals to works they create or own.”

Therefore, the copyright for musical works is the rights of organizations and individuals to musical works they compose or own, including moral rights and property rights to that musical work. In principle, copyright in musical works is protected from the moment the work is created, regardless of whether it is registered or unregistered.

Musical works belonging to the public, also known as “public domain works”, are works whose copyright is no longer protected by intellectual property laws. This can happen for many reasons, including the expiration of the copyright term or the author voluntarily surrendering the copyright. Once a musical work belongs to the public, anyone can use, copy, perform, and distribute it without asking permission or paying royalties.

2. Do I have to pay royalties for singing at an agency festival?

“Singing at an agency festival” can be understood as performing music or singing karaoke at a festival event of an agency, organization or business. Normally, during an agency festival, employees and members of the agency will participate in musical performances to entertain and create a fun atmosphere for the event.

Whether singing at an agency festival requires paying royalties or not depends on several factors, including the purpose and scope of use of the musical work:

• Scope of use for non-commercial purposes:

If singing at an agency festival is only an internal activity, has no commercial purpose, and does not collect fees from attendees, then as a rule, royalties may not be required. This is because the purpose of use here is non-commercial, entertainment, and internal connection.

However, if you use karaoke equipment, software, or services that already include licensing fees, you may not need to pay additional individual licensing fees for each song.

• Scope of use for commercial purposes:

If the festival collects fees from attendees or has any other commercial purpose, royalties must be paid. For example, if the event is held at a karaoke business or has a sponsor, the organizing agency may need to sign a contract and pay royalties for the use of copyrighted songs.

Therefore, if a song is not yet a work belonging to the public, royalties must be paid to the author if collecting money in any form.

Works belonging to the public are works whose protection period has ended according to the provisions of the 2005 Intellectual Property Law (amended and supplemented in 2009, 2019). The Intellectual Property Law in Vietnam has regulations on the term of copyright protection, and the rules on the term of protection for each specific type will have different points. But in general, after the end of the protection period, the work will belong to the public and everyone is allowed to exploit and use that work on the condition that it does not violate the author’s moral rights.

According to the provisions of law, copyright will arise from the moment the work is created and expressed in a certain material form without the need to register the copyright, so it has full rights. full rights.

Although we have the right to use public works without asking permission, we also need to pay attention to some issues. Specifically, Clause 2, Article 43 of the Intellectual Property Law stipulates the conditions when all organizations and individuals can use this work as follows:

“2. All organizations and individuals have the right to use the works specified in Clause 1 of this Article but must respect the personal rights of the author specified in Article 19 of this Law.

The author’s moral rights under Article 19 of the Intellectual Property Law include the following rights:

• Name the work

• Put your real name or pseudonym on the work

• Real name or pseudonym must be given when the work is published or used

• To publish or allow others to publish the work

• Do not allow others to edit, mutilate, or distort the work in any form that harms the author’s honor and reputation.

Therefore, when any organization or individual uses a work belonging to the public, they must respect the above-mentioned personal rights of the author.

In addition, if the use of this work harms the author’s moral rights, the violating organization or individual will be subject to:

• Request to stop the infringement

• Apologize and correct publicly

• Compensation for damages

• Can even be complained or denounced depending on the nature and extent of infringement and subject to administrative, civil, or criminal handling.

In conclusion, VCD sees that even if a musical work belongs to the public, modern recordings or remixes of that work may still be protected by related rights (rights of performers, producers of copies). recording, and broadcasting). Music works belonging to the public are an important part of cultural and artistic heritage, allowing everyone to access, use, and develop based on their values. had. Understanding and accurately identifying works that belong to the public helps ensure legal compliance and effective utilization of cultural resources.

In Vietnam, when a new song is released, stores, cafes, restaurants, etc. can use the song to play back in their shops. Especially today’s karaoke bars all use songs for business, so when using those songs, do they have to pay royalties to the song author? Please follow VCD’s article below.

1. Regulations on Music Copyright

A musical work is expressed in the form of notes in sheet music or other musical characters or fixed on audio or video recordings with or without lyrics, regardless of whether they are performed or not. demonstration (Article 10 of Decree 22/2018/ND-CP).

As for audio and video recordings, they are the fixation of sounds and images of the performance or other sounds and images or the fixation of the reproduction of sounds and pictures other than in fixed form. images associated with a cinematographic work or a readable work created by a similar method.

According to the provisions of the Intellectual Property Law 2005 (amended and supplemented in 2009), audio and video recordings of songs are subject to the protection of related rights. Organizations and individuals that use published audio or video recordings in business and commercial activities do not have to ask for permission but must pay royalties and remuneration as agreed to by the author and owner. copyrights, performers, producers of audio and video recordings, and broadcasting organizations from the time of use (Clause 2, Article 33 of the Law on Intellectual Property).

Using audio or video recordings of songs is the direct or indirect use of those audio or video recordings by organizations or individuals for use at restaurants, hotels, stores, supermarkets; establishments providing karaoke services, postal services, telecommunications, and digital environment; in tourism, aviation, and public transportation activities.

Karaoke is a form of entertainment that sings song lyrics to pre-recorded music, the lyrics are displayed on a screen. In essence, the business object of karaoke services is the audio or video recording of a performance of musical works and these are all objects protected by intellectual property rights. However, in reality, in the karaoke business, business entities do not pay attention to paying royalties and remunerations to intellectual property rights owners.

2. Does the karaoke business have to pay royalties?

The current reality in the karaoke business, especially small-scale business owners, often does not pay attention to compliance with copyright regulations, and the use of songs without paying royalties still occurs. go out.

In addition to traditional karaoke activities, which means copying songs onto CDs or a permanent storage system, the Karaoke business today also relies on online audio and video recordings from websites such as YouTube. , nhaccuatui, and other online platforms have become popular.

However, the majority of Karaoke business people in Vietnam often only focus on meeting the conditions for operating a karaoke business according to the law, such as establishing a household business and complying with regulations on prevention and control. fire and explosion and minimum theater area.

Therefore, the use of recordings in the karaoke business in the case of using published audio and video recordings does not require permission but must pay royalties and remunerations as prescribed in Article 26 and Article 33. Intellectual property law.

Specifically, Clause 2, Article 43 of Decree 22/2018/ND-CP stipulates:

“Organizations and individuals that exploit and use works, audio and video recordings, and broadcast programs according to the provisions of Clause 1, Article 26, Clauses 1 and Clause 2, Article 3 of the Intellectual Property Law must Directly contact the copyright owner, related rights owner or collective representative organization of copyright or related rights regarding exploitation and use own copyright or related rights holders, organizations and individuals shall exploit and use works of audio and video recordings, broadcast programs, and announcements on the mass media”.

Along with that, Clause 1, Article 45 of Decree 22/2018/ND-CP also stipulates more specifically the case of exploiting and using audio and video recordings: “Organizations and individuals using directly or indirectly To receive audio or video recordings according to the provisions of Clauses 1 and 2, Article 33 of the Intellectual Property Law, royalties, remunerations, and material benefits must be paid to copyright owners and related rights owners. mandarin.”

Accordingly, although the author does not have to ask for permission when using the song at karaoke bars, they will have to pay royalties, remuneration, or other material benefits to the producer of the audio or video recording (or individual). individual or organization representing the author) according to the agreement of the parties or, if there is no agreement, according to the price schedule and payment method presided over by the Ministry of Culture, Sports and Tourism, in coordination with the Ministry of Finance. , issued by the Ministry of Information and Communications.

If an organization or individual uses a published audio or video recording for commercial purposes in a karaoke service business, postal and telecommunications service, or digital environment without paying for the use, Copyright owners and related rights owners according to regulations will be fined from 15,000,000 to 25,000,000 VND (according to Clause 3, Article 29 of Decree 131/2013/ND-CP).

However, in reality, VCD finds that collecting copyright and sound recording copyright fees is very difficult because there are many uses and it is difficult to control. The fee level is also not clear and reasonable, making collecting copyright fees even more difficult. Therefore, organizations and individuals doing karaoke business can look to organizations representing collective copyright and related rights recognized by law – organizations authorized by artists to copyright music, to Quickly fulfill obligations to pay royalties and remunerations for the use recorded in your business activities.

In the music industry in Vietnam today, buying and selling exclusive songs is a “phrase” that has become familiar to singers – and musicians recently. An album by a new singer must have at least about 5-7 “stars” (symbol for exclusive songs), then there is hope of finding a foothold in the market. So how is buying and selling “exclusive rights to songs” legal? Please follow “The exclusive purchase and sale of songs” VCD’s article below to understand better.

1.  Exclusive purchase and sale of songs

A song is an intellectual product created by a musician using the creator’s time, effort, finance, and technical facilities, so the musician is considered the song’s author and has moral and ethical rights. property rights to the music. The author or copyright owner will exercise these rights exclusively or authorized by others.

When a song is composed by a musician, it is under the “exclusive” ownership and use of that musician and only “he” has the right to allow others to exercise property rights over the song. The above-mentioned rights of musicians will be protected by the Intellectual Property Law even if the musician does not apply for a Copyright Registration Certificate because copyright arises as soon as the song is created and recorded. expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered.

 “Buying and selling songs” is a phrase that refers to the copyright owner transferring ownership rights, the right to publish the work or allow others to publish it, and other property rights to other organizations and individuals under contract, agreed or prescribed. However, the author is not allowed to transfer moral rights including (i) naming rights; (ii) the right to have your real name or pseudonym, the right to have your name or pseudonym mentioned when the work is published or used; and (iii) the right to protect the integrity of the work.

Therefore, the musician can “sell” the property rights to the song and retain his moral rights protected by law indefinitely, leaving him only as the song’s author; and the buyer will become the copyright owner of the song. And because the buyer has “purchased for life” the song, it will have property rights protected for the musician’s lifetime and the next 50 years when the musician dies.

2.  It is necessary to clearly understand and properly understand the law on the exclusive purchase and sale of songs

According to the current Intellectual Property law in Vietnam, the terms “copyright”, “song monopoly” or “copyright” do not exist, but only the term “copyright” and “rights related to copyright”.

Vietnamese law regulates the rights of authors to their works and how to transfer these rights. Therefore, when licensing exclusive rights, the parties need to clarify whether the licensing here is a “transfer of copyright” or a “transfer of rights to use copyright”. In case the author/copyright owner confirms that the exclusive sale of the song is a form of “transfer of copyright usage rights”, they must specifically determine which of their rights they license, and the scope of the copyright. How to use those rights and at what time carefully to avoid disputes arising.

 When licensing exclusive rights, the parties need to clarify whether the licensing here is a “transfer of copyright” or a “transfer of rights to use copyright”. In case the author/copyright owner confirms that the exclusive sale of the song is a form of “transfer of copyright usage rights”, they must specifically determine which of their rights they license, and the scope of the copyright. How to use those rights and at what time carefully to avoid disputes arising.

Buying and selling exclusive songs is a free agreement between the musicians and singers. However, there are many different views on this. Some people will sell the song for a very high price, some will accept to buy it. But some people give songs to singers for free as long as their songs “live” with the audience. People still call it “the music market”, but even though it is a market, there are still “buy and sell” exchanges.

Buying and selling works or transferring usage rights not only takes place in the Vietnamese market but also many countries around the world. However, not everyone has the legal knowledge about the right to dispose of the above work. At the conference “Music in the Digital Environment”, representatives of organizations, management units, and publishers clarified concepts related to copyright and pointed out the risks that individuals and organizations are the owners of. Owners of works will have to face the purchase, sale, or transfer of rights to use the work in digital space. Mr. Benjamin NG – Director of Asia Pacific Region – CISAC (International Confederation of Associations of Authors and Composers) believes that optimizing revenue sources as well as ensuring the rights and interests of authors is important. , the owner of the work, musicians should register the copyright with a CMOs (CMOs stands for Collective Management Organization, meaning Collective Rights Management Organization).

In addition, recently, there was a case where a singer was in danger of having no more songs to perform because the songs that made him famous were sold exclusively by the author to another singer. This shows artists’ incomplete awareness of the law, ignorance of the legal regulations that allow such transactions, and partly because of too much trust in musicians to compose those works for them. In conclusion, VCD advises artists that if they want to perform smoothly, they should have written contracts with clear content about the rights to the work. Content such as the artist has the exclusive right to perform this song, how long is the exclusive performance period, how much money must be paid to the author after each performance… This will avoid unnecessary disputes later. and not lose your “fishing rod” especially when the work makes the