Author: Editor VCD

Music copyright in advertising programs

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

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

1. Concept of music copyright in advertising programs

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

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

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

2. Legal regulations on music copyright in advertising programs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What rights does the producer have over audio and video recordings

2. Producer’s rights to audio and video recordings

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Inherit music copyright when the musician passes away

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

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

1. What is music copyright inheritance?

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

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

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

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

2. Inherit music copyright when the musician passes away

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

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

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

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

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

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

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

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

Personal rights include:

1. Name the work.

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

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

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

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

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

1. Property rights include:

a) Making derivative works;

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

…

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

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

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

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

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

+ Property rights as prescribed above.

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

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

Term of copyright protection

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

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

….

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

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

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

+ Name of the work;

+ Author’s real name or pen name;

+ The integrity of the work;

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

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

Written by Editor VCD on 5 July, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

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.

Does the karaoke business have to pay royalties?

Written by Editor VCD on 5 July, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

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.

Music copyright in cinematographic works

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

The potential and development of the Vietnamese film market are attracting the attention of many domestic and foreign partners, and it can continue to thrive in society and bring cultural value to the nation. Music can create a range of emotions and convey profound messages in cinematography. It plays an important role in increasing the romance, humor, tension, or emotion of an important scene in the work. So how is music copyright in cinematographic works regulated by law? Please follow VCD’s article below.

1. Copyright of music in cinematographic works

Defined in Clause 1, Article 12 of Decree 22/2018/ND-CP, a cinematographic work is a work expressed by moving images combined or not combined with sound and other means according to the principles of language. cinematic language. Still, images taken from a cinematographic work are part of that cinematographic work.

“Music copyright in cinematographic works” is a term that refers to the ownership and rights to use music in a cinematographic work. It refers to the licensing rights and legal protections associated with the use of music in a film. It also includes the rights of musical authors to use, reproduce, distribute, perform, and communicate their work in a film.

Ownership of music copyright in a cinematographic work belongs to the music composer or music copyright owner. These people have the right to control the copying, distribution, public performance, charging, and creation of versions based on their music.

The right to use music in a cinematographic work is the licensed right to use music in a film. Film producers must obtain permission from music copyright owners or copyright agents to use music in their works. Rights to use music may include use in films, trailers, advertisements, or other forms related to the cinematographic work.

2. Legal regulations on music copyright in cinematographic works

Purpose The law regulates music copyright in cinematographic works to:

Protect the rights of authors: Ensure music authors receive recognition and fair compensation for their creative efforts.

Encourage creativity: Motivate music creators to continue contributing to culture and the arts.

Ensuring legality: Helps film producers comply with intellectual property laws, avoiding legal disputes related to the illegal use of musical works.

According to the provisions of Vietnam’s Intellectual Property Law, when a musical work is used in a film, copyright property rights will arise, and the user of the work (film producer) will There will be corresponding obligations. These property rights include:

a. Right to copy works

At Point c, Clause 1, Article 20 of the Intellectual Property Law, the regulation is: “Directly or indirectly copy all or part of the work by any means or form…” Thus, the author has the right to copy the work. musical works in any form, including copying them into films.

Film producers must obtain permission and pay royalties for copying musical works into films. Music used in movies can be licensed through two forms: ordering (hiring) the author to write a new song or asking the owner’s permission to use an existing song to produce a movie. In both cases, obtaining permission and managing copyright for music in films is important to ensure legal compliance and protect the rights of authors and copyright owners.

If online publishers allow users to download for viewing, it will give rise to “copyrights”. When theaters show films, they will incur obligations regarding “the right to perform the work in public”, and when the film is broadcast on television channels and online television platforms, they will incur “the right to perform the work in public”. broadcasting rights, communication rights”.

As the film is published, distributed, and shown in different environments, as well as on online platforms and broadcasters, rights related to the music in the film will continue to arise. Publishing the film on these platforms requires the copyright owner or music copyright manager to collect a corresponding fee.

b. The right to perform the work in public

Authors have the right to perform their musical works in public. At Point b, Clause 1, Article 20 of the Intellectual Property Law, specifically: “Performing works to the public directly or indirectly through audio or video recordings or any other technical means at the location.” that the public can access but the public cannot freely choose the time and each part of the work;”.

For the film to reach the public, the role of cinemas cannot be ignored, as the destination for movies and the place where the public can access cinematographic works. When the film is shown in theaters, the songs used in the film can be played during the screening to create an atmosphere and convey the film’s message to the audience, and can be played in the lobby space. , where to buy tickets and other areas in the cinema to create a music space related to the film, and are also used in trailers, teasers, and film promotion activities…

As analyzed above, the difference between the purpose of using musical works by producers and cinemas can be seen. Both parties have different purposes of use and have their rights and responsibilities: one side is the unit that uses the musical work to create a product/cinematic work and the other is the unit that displays and performs it. musical works along with cinematographic works. Clearly defining the role and purpose of using musical works between film producers and cinemas is important to ensure that copyright management and fee collection are carried out properly and fairly.

c. The right to broadcast and communicate works to the public

At Point d, Clause 1, Article 20 of the Intellectual Property Law, the regulation is: “Broadcasting and communicating works to the public by wire, wireless, electronic information networks or any other technical means.” other…”. When cinematographic works are shown or broadcast on television, the rights to broadcast and communicate to the public the musical works used in the film will arise.

The development of OTT (Over-The-Top) television platforms and online broadcasting services has created a new environment for accessing and consuming entertainment content. This poses new challenges in copyright protection and copyright management, including for musical works used in films. The convenience of accessing movies and TV shows has transformed the way audiences interact with content, and this digital revolution also brings unprecedented challenges in security and rights protection. author, the requirement is to have new solutions to protect content from a series of risks of copyright infringement, not only for cinematographic works but also for recorded musical works. used in movies.

In conclusion, legal regulations on music copyright in the film industry in Vietnam have helped protect the rights of music composers and ensure fairness in the use of musical works in films. Compliance with these regulations is important to ensure that the use of music in cinema is carried out following the law and to ensure the rights of music authors.

The exclusive purchase and sale of songs

Written by Editor VCD on 19 June, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

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

Can singers perform the exclusive songs of other singers?

Written by Editor VCD on 19 June, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

Singers performing other people’s “hit” songs without asking for permission, even innocently performing them for commercial purposes, have caused a lot of controversy and become a painful “daily issue” in the entertainment industry. Vietnam in recent times. Not understanding and understanding the law has caused artists to get into many bad “controversies” from netizens as well as violating Intellectual Property laws on Copyright. So, can a singer perform an exclusive song by another singer? Please follow “Can singers perform the exclusive songs of other singers?” VCD’s article below.

1. What is an exclusive song performance?

The 2005 Intellectual Property Law, through Article 13, has provided specific regulations on copyright and copyright owners of protected works. Accordingly, organizations and individuals whose works are protected by copyright include the person directly creating the work and the copyright owner, as specified in detail from Article 37 to Article 42 of this Law.

However, the current Intellectual Property Law does not have any specific concept of song monopoly, but it can be understood that an artist’s song monopoly is the sole and independent right granted to that artist to control performing and exploiting his songs. This means that the artist is the sole person who has the right to decide how his or her song is used, performed, recorded, released, and distributed.

Exclusive performance of another artist’s song means a singer or group performing a song that only that artist is allowed to perform. That artist has the exclusive right to perform that song on stage or in his or her musical products, and other artists need to have permission or contract from that artist to perform the song. there.

2. Can singers perform the exclusive songs of other singers?

According to Point d, Clause 1, Article 14 of the Intellectual Property Law 2005, amended by Clause 5, Article 1 of the Amended Intellectual Property Law 2009 and Point a, Clause 82, Article 1 of the Amended Intellectual Property Law 2022 (Effective from January 1, 2023) regulates types of works protected by copyright, including musical works.

In addition, based on Point g, Clause 1, Article 25 of the Intellectual Property Law 2005, as amended by Clause 6, Article 1 of the Amended Intellectual Property Law of 2009 and Clause 7, Article 1 of the Amended Intellectual Property Law of 2022 (Yes effective from January 1, 2023) stipulates exceptional cases that do not infringe copyright.

Exceptions that do not infringe copyright have been specified specifically and transparently while ensuring consideration between the rights of creators and the interests of the community. One of the important exceptions mentioned is the use of published work without permission and payment of royalties. However, to ensure transparency and respect for copyright, users must provide complete information about the author’s name and the origin of the work. This not only helps protect the author’s honor and rights but also promotes fairness in the use of published works.

The law also focuses on ensuring that use of the work does not conflict with the author’s rights and does not cause unreasonable damage to their legitimate interests. This demonstrates the consideration and centrality of the law to maintain a balance between copyright and public interest. For certain types of works such as architectural works, works of fine art, and computer programs, copying does not apply under the provisions of this article. This emphasizes the specialness of these types of works and keeps their copyright protected specially.

In addition, requiring information about the author’s name and the origin of the work is a measure to ensure transparency and respect for the rights of the creator. This not only enhances cultural information management but also helps maintain ethics and respect within the community

When a singer performs a song by another singer, it is called a cover. A cover is usually a re-performance of a song that has been previously released by another artist. It can be similar or different from the original version, and this depends on how creative and varied the performer is in presenting the song. Some covers may retain the style and structure of the original version, while others may feature major changes in music, style, or both.

The law sets out clear conditions for the protection of derivative works. Accordingly, derivative works are only protected if they do not prejudice the copyright of the original work. This upholds the principle of fairness and protects both the rights of the original author and derivative authors.

There is currently a lot of news surrounding the “controversy” of artists “singing” other singers’ hit songs. For example: Huong Ly – the singer known as the “cover saint”, however, Huong Ly also received many mixed opinions about this cover. Some viewers believe that Huong Ly does not comply with copyright or copyright when “every time she sees a hot song, she covers it”. Huong Ly once got into trouble when the two sides could not agree on the rights to the cover. Immediately afterward, Huong Ly apologized to the song’s exclusive artists and was accepted. That’s why when artists want to perform another person’s song, they need to ask for permission and clearly state the name of the song’s author before covering as well as using the song to perform on stage.

Recently, the press reported on singer Phuong Linh admitting that she was wrong, even though she knew it was Van Mai Huong’s exclusive song, she still deliberately performed it. She arbitrarily put together a band and performed. Immediately after that, Phuong Linh posted an announcement that her manager had worked well with singer Van Mai Huong and sent her thanks to her juniors. Musician Hua Kim Tuyen – the composer of the above song, said he did not comment on the above incident, because this is Van Mai Huong’s exclusive song, so he let the two sides resolve it themselves.

In conclusion, VCD advises artists who want to perform another artist’s hit song to carefully learn about the provisions of the law: who is the owner, ask for permission from the author or owner of that song, do you belong to the song? In cases where permission from the author/owner is not required or not…. To avoid causing controversy online and copyright infringement.

What rights do musicians have over their musical works?

Written by Editor VCD on 10 June, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

To successfully compose artistic melodies and popular or timeless hits, it is impossible not to mention talented musicians. In the context of the booming entertainment industry, this has opened up a vast potential path for young people in the music composition industry. However, with the strong development of current media, copyright infringement in general and copyright for musical works in particular are increasingly complicated to control. So, what rights do musicians have over their musical works? Please follow VCD’s article below.

1. What is a musical work?

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 in the form of musical notes in a musical score. or other musical characters regardless of performance or non-performance.”

Musical works are protected by copyright based on Clause 1, Article 14 of the 2005 Intellectual Property Law (Amended by Clause 5, Article 1 of the 2009 Amended Intellectual Property Law), which regulates artistic works that are copyright protected.

A musician’s musical work is protected by copyright under current intellectual property laws if it meets the criteria that the work is expressed in the form of musical notes or other musical characters or is shaped on audio or video recordings with or without lyrics. 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.

2. What rights do musicians have over their musical works?

According to Article 18 of the Intellectual Property Law 2005, copyright includes moral rights and property rights, which means that for their musical works, the author will have moral rights and property rights.

In case the musician is the sole owner of the work

Article 37 of the Intellectual Property Law 2005 stipulates: “The author uses his or her time, finances, and physical and technical facilities to create a work that has moral rights specified in Article 19 and other related laws. property rights specified in Article 20 of this Law”.

Pursuant to Article 14 of Decree 17/2023/ND-CP and Clause 5, Article 1 of the Intellectual Property Law amended 2022, musicians have the following rights:

First, moral rights include:

– Name the work, however naming the work does not apply to works translated from one language to another. The naming of the work must not violate the interests of the State, public interests, legitimate rights, and interests of organizations and individuals, and must not violate other relevant provisions of law.

– Put your real name or pseudonym on the work; be given your real name or pseudonym when the work is published or used; Apply even when the work is used as a derivative work. When publishing or using derivative works, the real name or pseudonym of the author of the work used as a derivative work must be stated.

– Publishing a work or allowing others to publish a work is the release of copies of the work in any form in a reasonable quantity sufficient for the public to access depending on the nature of the work, due to the nature of the work. made by the author or copyright owner or by another individual or organization with the consent of the author or copyright owner.

– Protect the integrity of the work, do not allow others to edit, mutilate, or distort the work in any form that harms the author’s honor and reputation.

Second, property rights include:

– Making derivative works;

– Performing works to the public directly or indirectly through audio recordings, video recordings, or any other technical means at a location that is accessible to the public but cannot be freely chosen by the public time and each part of the work;

– Directly or indirectly copy all or part of the work by any means or form, except for the case specified in Point a, Clause 3, Article 20 of the Intellectual Property Law 2005, amended in 2022;

– Distributing, importing for distribution to the public through sale or other form of transfer of ownership rights to originals and copies of works in tangible form;

– Broadcasting or communicating to the public works by wire or wireless means, electronic information networks, or any other technical means, including providing works to the public in a way that the public they are accessible at a place and time of their choosing.

These rights will be exercised exclusively by the musician or allowed to be exercised by others following the provisions of the IP Law. Therefore, when any organization or individual exploits or uses one, some, or all of the rights under property rights and the right to publish works, they must ask for permission and pay royalties, remunerations, and other rights. Other material benefits for copyright owners, specifically musicians here. In particular, the right to publish the work or allow others to publish the work and the property rights for non-anonymous musical works are protected for the entire life of the author and the next 50 years. by the year the author died; If the work has a co-author, the term of protection will end in the 50th year after the year in which the last co-author dies.

From there it can be seen that, when a musical work is composed by a musician, it has become an “exclusive musical work”, under the exclusive ownership and use of that musician and only the music. Only that artist has the right to allow one or more other people to exercise property rights over his or her musical work. The above rights to the musician’s musical work will be properly protected by intellectual property law. even if the musician does not apply for a Copyright Registration Certificate, because copyright arises as soon as the work is created and is expressed in a certain material form, not distinguish between content, quality, form, media, language, published or unpublished, registered or unregistered.

In case the musician is assigned to write music or has an agreement in a cooperation contract to write music for another organization or individual (the author is not also the owner of the work)

According to Article 39 of the 2005 Intellectual Property Law, the author who is not also the owner of the work has moral rights (except for the right to publish the product according to Clause 3, Article 19 of the 2005 Intellectual Property Law, amended). supplement 2022). Contact Article 14 of Decree 17/2023/ND-CP Musicians who create musical works have the following rights:

– Protect the integrity of the work, do not allow others to edit, mutilate, or distort the work in any form that harms the author’s honor and reputation. In case the musician and the other party have a different agreement, the musician’s rights to the work will be exercised according to the agreement in the contract.

In conclusion, the musician will have moral and property rights regarding his or her musical work in case the musician is the sole author of that work. On the other hand, if an organization or individual hires a musician to write a musical work, the musician’s rights to the musical work are exercised according to the rental contract; in case there is no agreement, the musician has certain rights. moral rights of the work according to the law.

Music Copyright Infringement in Digital Environment

Written by Editor VCD on 10 June, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

The world is increasingly entering a period of digital transformation and scientific and technical revolution. The problem of copyright infringement is becoming increasingly common and appearing everywhere, especially on social networking platforms. – where hundreds of millions of domestic and foreign user accounts are connected. The problem of music Copyright is complicated to control. Therefore, we will inevitably avoid copyright violations when posting download content on digital platforms. To learn more about this issue, please follow “Music Copyright Infringement in Digital Environment” VCD’s article below.

1. What is music copyright infringement?

Copyright infringement, piracy, or piracy is the unauthorized use of works protected by copyright law unless authorized, violating certain exclusive rights granted to the owner. copyright, such as the right to copy, distribute, display, perform protected work, or make derivative works.

Music copyright infringement can be understood as a song or musical work being cut or used without the permission of the song owner. More specifically, acts such as stealing logos and work names; unauthorized modification, use for commercial advertising purposes, illegal sale, and most commonly copying and plagiarism.

2. Music copyright infringement in the digital environment

In fact, at present, the protection of digital content by rights holders almost stops at implementing technological measures to protect their works, and at the same time implementing warning and security measures. Administrative measures to request state agencies to assist in preventing large-scale violations. Applying civil lawsuits in competent courts is still difficult for rights holders.

On average, Vietnamese people spend more than an hour a day listening to music on their mobile devices. Understanding this, many technology companies and application developers have invested and developed websites and online music applications so users can enjoy music anywhere and anytime. In Vietnam, online music has gradually become popular. Along with the development of online platforms combined with smartphone applications, the potential of the online music market in Vietnam is huge. It is predicted that in the future there will be more online music applications participating in the Vietnamese music market; Especially the birth and rapid development of short video sharing platforms such as TikTok, Shorts (Google), Reels (Facebook)… making accessing musical works in the digital environment even more difficult. more convenient and easier.

Not stopping there, the rights holders who are violated are not only domestic organizations and individuals but also foreign organizations and individuals. In addition, currently, companies provide intermediary services that allow users to access and post content, but copyright control is very loose, causing widespread copyright infringement.

In case of copyright infringement, you may be subject to administrative sanctions as prescribed in Article 10 of Decree 131/2013/ND-CP:

“1. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed for arbitrarily editing or mutilating works that harm the author’s honor and reputation.

2. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for distorting works that harm the author’s honor and reputation.

3. Remedial measures:

a) Forced public correction on the mass media of false information for the acts specified in Clauses 1 and 2 of this Article;

b) Forced removal of copies of infringing works in electronic form, on the Internet and digital environment or forced destruction of infringing material evidence for acts specified in Clause 1 and Clause 2 of this Article.”

In addition, Article 18 of Decree 131/2013/ND-CP also stipulates that acts of infringing on the right to copy works will be fined from 15,000,000 VND to 35,000,000 VND and subject to penalties. overcome the above consequences.

3. How to check music copyright infringement on Facebook and Youtube

How to check music copyright infringement on Facebook

Step 1: Install the SoundHound application on CH Play or the App Store.

Step 2: Turn on the music and start the SoundHound application.

Step 3: Access Facebook’s copyrighted music link.

Step 4: Search for the song in your video.

Step 5: If the song is displayed, it means the song is not copyrighted and you can use it.

How to check music copyright infringement on Youtube

Step 1: Access the address: https://tunestotube.com

Step 2: Sign in with your Gmail.

Step 3: Select the music you want to check for copyright.

Step 4: Upload photos and mp3 clips.

Step 5: Click “Create Video”

Step 6: Wait for the video to be created.

Step 7: Log in to your YouTube account.

Step 8: Check if the music video you create is copyrighted.

Faced with the increasingly common situation of copyright infringement in the digital environment, VCD believes that protecting the rights and interests of authors needs to be given more importance and attention than normal civil issues to avoid negative impact on psychological factors, affecting the author’s creativity as well as the quality of his brainchild.