Author: Editor VCD

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.

Music copyright in event organization

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

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

1. What is music copyright in an event organization?

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

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

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

2. Legal regulations on music copyright in event organization

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Copyright management rights in the music field

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

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

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

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

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

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

2. Copyright management rights in the music field

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

For state management agencies

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

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

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

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

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

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

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

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

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

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

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

For collective organizations (representatives) of copyright

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

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

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

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

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

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

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

Music copyright between creators and artificial intelligence (AI)

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

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

1. Music copyright between creators and artificial intelligence AI

According to the provisions of Article 10 of Decree No. 22/2018/ND-CP, a musical work is understood as a work expressed in the form of notes in music or other musical characters or shaped on a recording. Audio or video recording with or without lyrics, regardless of performance or non-performance. Therefore, music copyright is understood as the author’s right to the work expressed in the form of notes in music or other musical characters or shaped on audio or video recordings with or without music. lyrics, regardless of performance or non-performance, from when the author creates the work.

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

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

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

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

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

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

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

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

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

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

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

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