Author: Editor VCD

Does a cafe that plays music to serve customers have to pay royalties?

Written by Editor VCD on 31 May, 2024. Posted in Announcement, Copyright Registration, Musical work.

Society is constantly developing, more and more services are being opened for business. Especially the beautiful view cafe serves for entertainment, studying, taking photos, and virtual living. The existence of musical works in coffee shops is no longer strange to us. Music is a source of inspiration as well as an indispensable customer attraction. However, whether or not these venues need to ask permission or pay royalties for music works is a question of many people. Please follow VCD’s article “Does a cafe that plays music to serve customers have to pay royalties? below to understand more about this issue.

1. What is music copyright?

A musical work is a work expressed in the form of musical 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. Shows.

According to Point d, Clause 1, Article 14 of the Intellectual Property Law 2005, amended and supplemented in 2009 and 2019, regulations on types of works protected by copyright are as follows:

“Article 14. Types of works protected by copyright

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

d) Musical works;”

Thus, what music copyright is the assertion of the author’s rights to the musical work they create, it is a legal document that represents someone’s ownership of the song, Be it singers, musicians, or singing enthusiasts. Copyright affirms the identity of the person who created and composed specific melodies and songs. When a song is copyrighted, their creative efforts will be protected by law, no one can infringe upon it, otherwise, they will be appropriately punished.

2. Does a cafe that plays music to serve customers have to pay royalties?

Music is an endless and indispensable source of inspiration in life. Using music for entertainment is an indispensable thing for us every day, but when using it in commercial business, another aspect needs to be discussed: copyright.

Pursuant to Point b, Clause 1, Article 33 of the 2005 Intellectual Property Law amended by Clause 9, Article 1 of the 2022 Amended Intellectual Property Law, regulations on royalty payment to cafes that play music for customers are as follows:

1. Cases of using published audio or video recordings that do not require permission but must pay royalties and information about the audio or video recordings include:

b) Organizations and individuals that use published audio or video recordings for commercial purposes in business and commercial activities do not have to ask for permission but must pay royalties as agreed to the performers and publishers. produce audio and video recordings and organize broadcasting since use; In case an agreement cannot be reached, the Government’s regulations will be followed. The Government regulates in detail the business and trade activities specified in this Point.

In addition, based on Article 34 of Decree 17/2023/ND-CP regulating organizations and individuals that must pay royalties as follows:

1. Using works that have been permitted by the copyright owner to be recorded on audio or video recordings for commercial purposes in business and commercial activities according to the provisions of Point b, Clause 1, Article 26 of Intellectual Property Law; Audio or video recordings that have been published for commercial purposes in business and commercial activities according to the provisions of Point b, Clause 1, Article 33 of the Intellectual Property Law are the use of works by organizations and individuals. , audio and video recordings published for commercial purposes for use in restaurants, cafes, hotels, stores, supermarkets; Amusement and entertainment areas, shopping centers; fitness, health care, and beauty clubs; Karaoke service establishments; bars, dance halls; in aviation, public transport and other business and commercial activities of a similar nature.

2. Organizations and individuals using works, audio, and video recordings according to the provisions of Clause 1, Article 26, and Clause 1, Article 33 of the Intellectual Property Law are obliged to directly contact the copyright owner. Authors, performers, owners of related rights to audio and video recordings, or collective representative organizations of copyright and related rights regarding the exploitation, use, provision of catalogs, and duration of works Products, audio and video recordings have been used and royalties have been paid according to the provisions of law.

In case the copyright owner, performer, or related rights owner of the audio or video recording cannot be found or contacted, the organization or individual using the work or audio recording, record the performance of obligations with competent state agencies according to the provisions of Clause 6, Article 23 of this Decree, the competent state agencies continue to search and manage according to the provisions of Clause 8, Article 23. of this Decree.

Thus, cafes that play music to serve customers do not have to ask for permission but must pay royalties to the performers and song producers. The cafe owner is obliged to contact directly with the copyright owner of the song to negotiate and pay royalties.

In case an agreement cannot be reached, royalties must be paid according to the rate prescribed in Appendix II of Decree 17/2023/ND-CP. Specifically, royalty amount paid (calculated annually) = Base salary x Adjustment coefficient (Adjustment coefficient calculated based on capacity or area/location based on year of use). For coffee/refreshment shops:

Capacity/area up to 15 m2: Adjustment coefficient is 0.35/15 m2/year.

Capacity/area from over 15 m2 to 50 m2: For each additional m2, the adjustment coefficient is 0.04/m2/year.
Capacity/area over 50 m2: For each additional m2, the adjustment coefficient is 0.02/m2/year.

(Maximum royalty amount in a year is: 8 x Base Salary)

If you do not pay royalties within 90 days from the date of use, you must stop using it. If after the above time limit you continue to use it, this is considered an act of using published audio or video recordings for commercial purposes in commercial business activities without paying the owner for use. exists at Point b, Clause 2, Article 29 of Decree 131/2013/ND-CP.

When detected, the violator may be fined from 10,000,000 VND to 15,000,000 VND (for individuals) or fined from 20,000,000 VND to 30,000,000 VND (for organizations). , and may be required to pay the above royalty amount.

In the coffee shop business, playing music to create an attractive space is an important factor. However, business owners need to clearly understand music copyright regulations and their responsibilities. Paying royalties for songs and complying with the law will help avoid unwanted legal and financial consequences. At the same time, valuing copyright and paying royalties will motivate creativity and produce better, better-quality works.

Sample declaration for registration of copyright for musical works

Written by Editor VCD on 24 May, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

Music today is one of the means of entertainment, helping people relieve stress and anxiety. It is also a way to help people develop emotions and learn many things through melodies and lyrics. This type of work is very susceptible to being copied and used illegally. According to current Intellectual Property law, musical works are one of the types protected by copyright. So, what issues should you pay attention to in the form of copyright registration declaration for musical works? Please follow VCD’s article below.

1. What is a musical work?

A musical work is a work created and expressed through music. This is a type of work of art, composed and performed by a musician or group of musicians. Musical works can be expressed as musical notes in sheet music, or communicated through other musical symbols (e.g., chords, guitar tabs). Additionally, musical works can also be recorded and released as sound recordings, allowing listeners to enjoy and experience the music across media.

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 from the moment the work is created in a recordable form in physical form, the form of recording 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.

2. Documents to register copyright for musical works

To register the copyright owner of a musical work, the author needs to prepare the following documents and records:

Copyright registration declaration for musical works (according to form No. 04 in Circular 08/2023/TT-BVHTTDL dated June 2, 2023. Circular stipulating forms for copyright and copyright registration activities). relate to):

The declaration must be made in Vietnamese and signed by the author, copyright owner, related rights owner or person authorized to submit the application. The declaration must contain complete information about the applicant, author, copyright owner or related rights owner. The declaration must contain a summary of the content of the work, performance, audio recording, video recording or broadcast; author’s name, the work is used as a derivative work if the work is registered as a derivative work; time, place, and form of announcement; Commitment to responsibility for the information stated in the application.

Two copies of the copyrighted work:

01 copy kept at the Copyright Office and 01 copy stamped with the Registration Certificate number and returned to the subject to whom the Registration Certificate was issued.

For musical works: 02 printed copies of music + lyrics or audio recording (recording) in case of recording.

Power of attorney or authorization contract, in case the authorizing party is an individual, the authorization document must be authenticated according to the provisions of law.

Documents proving the right to apply;

Written consent of the co-authors, if the work has co-authors;

Written consent of the co-owners, if the copyright is jointly owned.

Identity card or citizen identification card of the author or owner of the work;

Copy of the company’s Business Registration Certificate (if the owner is a company).

All documents submitted with the copyright registration application must be made in Vietnamese; if made in a foreign language, they must be translated into Vietnamese and notarized or authenticated.

Sample declaration for registration of copyright for musical works

3. Notes when filling out the Copyright Registration Form for musical works

In section (1) In case of copyright registration declaration for an individual, initial each page of the declaration; In case of copyright registration declaration for an organization, stamp the declaration.

In section (2) Issuing copies for dissemination to the public such as publishing, recording, recording, printing, and posting on telecommunications networks, the Internet, and other forms.

In section (3) Commitment: The content of the work is created by the author/co-author, is not copied from the works of others, and does not violate the provisions of Vietnamese law.

For works containing content related to sovereignty, territory, national borders, history, religion, beliefs, fine customs, health, honor, prestige, rights, and legitimate interests laws of other organizations and individuals; State and public interests must ensure that there is no violating content or images, no distortion, and no impact on these issues.

In section (4)

4.1. Fully declare all co-authors (if any) and clearly state the role of each co-author in creating the work;

4.2. In case the author has died, clearly state the year the author died in this section.

In section (5), and section (7) Full declaration of co-owners of copyright, if any.

In section (6) Full declaration of co-authors, if any.

In section (8) In case of registration for an author who is not also the copyright owner, the author is the person signing the Declaration.

In case of registration for the copyright owner, the copyright owner or the copyright owner’s legal representative is the person who signs and stamps (in the case of an organization) on the Declaration.

In case the work has co-authors/co-copyright owners, it must have the signatures of all co-authors/co-copyright owners. The declaration can be signed by one of the co-authors/co-copyright owners if there is written authorization from the remaining co-authors/co-copyright owners according to the provisions of the law.

Where to buy music copyright?

Written by Editor VCD on 14 May, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

Nowadays, there are more and more disputes related to song copyright. This shows that songwriters have begun to pay more attention to protecting the fruits of their creative labor. In addition, the development of many social networking platforms along with the development of tools to detect and combat music copyright infringement makes organizations and individuals more aware of copyright. when using someone else’s song. So, where to buy music copyright? Please follow VCD’s article below.

1. What is music copyright?

Copyright (or authorship) is a legal term used to describe the rights that authors have over their literary and artistic works.

Music (song) is also known as a musical work. 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 and video recording with or without lyrics, regardless of performance or non-performance.

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

When a song is introduced to the public, that song is the creative result of the Musician (person who composes the musical work), the performer or presenter of the work (singer, musician,…), and of Music Producers (audio recording, video recording of performances). Accordingly, Vietnamese intellectual property law protects copyright for organizations and individuals who create or own musical works and protects rights related to copyright for organizations and individuals who create or own musical works with performances, audio recordings, and video recordings.

2. The role of song copyright

a. Protect the creator’s ideas

The biggest role of song copyright is to protect the ideas and intelligence that the songwriter has worked hard to come up with. It is a human’s labor, with certain spiritual value. Therefore, it is impossible for others to arbitrarily use the fruits of that labor without any effort. When a song is copyrighted, online phenomena cannot take advantage of it to highlight themselves or engage in disrespectful behavior toward other authors.

b. Avoid author impersonation

The composer may be impersonated to create other inappropriate music. Bad guys can steal and impersonate musicians to sell songs or scam other singers. When you have a copyright to a song, you are considered to have a piece of paper proving your identity or name as the composer of this copyright, verifying that you are the musician who composed this song.

c. Avoid plagiarized songs

The current music market is somewhat chaotic because of many similar music styles. Many musicians refuse to be creative and instead steal or plagiarize other people’s melodies or lyrics. That’s why authors always prepare song copyrights to be ready to sue if someone plagiarizes their music.

d. Protect the song from being corrupted

In addition, the music market includes not only official songs but also parody music, comedy music, variation music, etc. Therefore, musicians also need to consider allowing those who can make their music to be consistent with Vietnamese traditions and customs. If they arbitrarily or intentionally make music without permission, they will be punished according to the law.

3. Where to buy song copyright?

To purchase song rights, you need to contact the author or owner of the song directly. These are the subjects who have the right to dispose of and use their works. However, asking for permission and paying royalties consumes a lot of time, effort, and expense. Owners often have great enthusiasm for their spiritual assets.

In case a musical work has co-owners, the transfer must be with the agreement of all co-owners; In cases where there are co-owners but the musical work has separate parts that can be separated and used independently, the copyright owner has the right to transfer the copyright to his or her separate parts to the organization. , other individuals.

In addition, if you have relationships with many authors, contacting them is very easy. Or the parties see the capacity and effectiveness of cooperation to seek benefits and increase the value of the work. However, if you do not have a relationship with the authors, contacting them will take a lot of time.

Organizations and individuals who want to use musical works must apply for permission and pay royalties to music authors and must proactively contact and work directly with the song’s author. In many cases, they will encounter difficulties. To be implemented quickly, conveniently, and accurately, individuals and organizations can go through a focal point for collective management of rights.

Currently, song authors tend to authorize organizations to carry out collective management of Copyright Rights, VCD is such an organization, VCD represents them in working with organizations and individuals wishing to use or purchase song copyrights. Therefore, you can contact and work directly with VCD about purchasing song copyright if the song author has authorized VCD.

Where to buy music copyright?

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

1. What is music copyright?

Copyright (or authorship) is a legal term used to describe the rights that authors have over their literary and artistic works.

2. The role of song copyright

a. Protect the creator’s ideas

b. Avoid author impersonation

c. Avoid plagiarized songs

d. Protect the song from being corrupted

3. Where to buy song copyright?

Are songs translated from foreign languages protected?

Written by Editor VCD on 23 April, 2024. Posted in Announcement, Copyright Registration, Musical work.

Nowadays, music exchange between countries has become easier thanks to the help of the Internet. A song is a type of work of art that can be expressed in many different languages. So if the original song is protected by copyright, will the translation of the song in another language be protected by copyright? Please follow VCD’s article “Are songs translated from foreign languages protected?” below.

1. What is the translation of the song?

Translation is the product of language conversion from the source language to the target language to be translated. This language conversion process is called translation (also known as paper translation). Translations will be divided into two main types: Content Translation and Notarized Translation.

A song (synonyms in Vietnamese: song, song, or song) is a musical composition performed by the human voice. This is usually done at distinct and fixed pitches (melody) using sound patterns and silence.

Musical works specified in Point d, Clause 1, Article 14 of the Intellectual Property Law are works expressed in the form of notes in music or other musical characters with or without lyrics, regardless of whether To perform or not to perform.

Accordingly, a song translation is a version translated into another language based on the original language of the song. Accordingly, song translations are considered a type of derivative work. When the audience enjoys a derivative work, they will think of the original work because the derivative work inherits certain foundations of the original work such as content, melody, etc. Through this, it can be understood that the translation of the article The song above is considered a translated work.

2. Basis for arising copyright for songs

Copyright for musical works arises when the work is created and expressed in a certain material form and is not required to be registered or announced (according to Clause 1, Article 6 of the Intellectual Property Law). wisdom).

However, to avoid disputes and prove that the song belongs to them, the author and owner should carry out the procedure to apply for a Copyright Registration Certificate for the song. Without registration, proving this is not easy, affecting the rights and interests of the author and owner of the song.

Registering copyright protection for a song means that your product will be protected by law and guaranteed that your product will not be used illegally such as copying, abuse… Register Copyright is the best way to certify human creativity, the most worthy reward for the creator.

3. Are songs translated from foreign languages protected?

To receive copyright protection, songs translated from a foreign language must meet the following three conditions:

First, derivative works may prejudice the copyright of the original work. Clause 2, Article 14 of the Intellectual Property Law stipulates that derivative works are only protected if they do not prejudice the copyright of the work used to make derivative works. Copyright includes moral and property rights (Article 18 of the Intellectual Property Law). Accordingly, song translations will be protected if they do not harm the personal and property rights of the original work.

Second, to make a translated work, you must ask permission from the author or copyright owner. In Clause 7, Article 28 of the Intellectual Property Law, it is stipulated that if you create a derivative work without permission from the author or copyright owner, this is an act of copyright infringement. Except for converting works into Braille or another language for the blind according to Point i, Clause 1, Article 25 of this Law.

Third, derivative works must bear the author’s imprint. A derivative work is a work created based on the original work but has new features in writing style, and communication style… These things create unique features for derivative works and show the characteristics and imprints. of the author to the public.

Registering copyright for translated works, although not mandatory, is very important because this will help authors and copyright owners prevent copyright infringements and serve as evidence. to prove copyright when a dispute arises related to copyright.

In conclusion, if a song’s translation into another language wants to be protected, it must seek permission from the author or copyright owner of the original song. Above is VCD’s article, hopefully it will be helpful to you.

Does covering a song require permission?

Written by Editor VCD on 23 April, 2024. Posted in Announcement, Copyright Registration, Musical work.

The trend of cover singing (re-singing a song in many forms) is increasingly popular in Vietnamese showbiz. It can turn an unknown singer into a “goddess” or “god” of covers on YouTube, but it can also turn around and slander the singer’s name, denouncing the singer’s range and talent. Covering popular or already famous songs is not a bad thing. Behind the covers of all styles and constantly appearing on websites are sad stories, that reveal many limitations. that not everyone can notice. So the question is, do cover songs require permission? Please follow VCD’s article below.

1. What is a song cover?

The cover song is a term used to talk about a musical product, a song that is remade or re-written from a previously sung and recorded song. There have been many people with singing ability who have covered famous songs by other artists and received positive responses from the online community as well as music fans.

Covering a song is understood as re-singing a previously available song that was commercially released or a famous song.

Covering a song means that the cover will use the beat of the original song and sing it over that music. Or for the cover person, they can add keyboard and piano skills to transform the song according to their style.

2. Does covering a song require permission?

Cover songs are considered derivative works of the original work or public performance.

Musical works are a type of work protected by copyright according to Point d, Clause 1, Article 14 of the Intellectual Property Law.

According to Point B, Clause 1, Article 20 of the Intellectual Property Law and Clause 1, Article 21 of Decree 22/2018/ND-CP regulating copyright property rights: The act of covering another person’s song without permission is the act of infringing on copyright and the right to perform works in public.

According to Clause 3, Article 20 of the Intellectual Property Law, it can be concluded that covering another person’s song without permission is an infringement of copyright and the right to perform the work in public. Covering other people’s songs requires permission and payment of royalties, remuneration, and other material benefits to the copyright owner.

However, covering other people’s songs in the following cases does not require permission, does not require payment of royalties, or does not require permission but must pay royalties:

– Cases where permission is not required and royalties are not paid according to Clause 1, Article 25 of the Intellectual Property Law:

+ Self-copy a copy for personal scientific research and teaching purposes.

+ Reasonably cite the work without distorting the author’s intention to comment or illustrate in your work.

+ Cite works without misrepresenting the author’s intention to write articles and use them in periodicals, radio and television programs, and documentary films.

+ Cite works to teach in schools without distorting the author’s intention and not for commercial purposes.

+ Copy works to store in the library for research purposes.

+ Performing theatrical works and other artistic performances in cultural and propaganda activities without collecting money in any form.

+ Recording and recording live performances for current news or teaching purposes.

+ Taking photos and broadcasting works of art, architecture, photography, and applied arts displayed in public places to introduce the image of that work.

+ Convert the work into Braille or another language for the visually impaired.

+ Import copies of works for others to use privately.

– Cases where permission is not required but royalties must be paid according to Clause 1, Article 26 of the Intellectual Property Law:

+ Broadcasting organizations that use published works for broadcasting with sponsorship, advertising, or collecting money in any form do not have to ask for permission but must pay royalties and remuneration to the copyright owner. fake since use.

+ 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 remuneration to the owner copyright from the time of use according to Government regulations

From the above regulations, when covering other people’s songs to post on social networking platforms in general, it is necessary to apply for permission and pay royalties and remuneration to the copyright owner.

Does covering a song require permission?

3. Penalties for covering songs without permission

For acts of covering songs without the consent of the copyright owner, they can be punished as follows according to Clause 2, Article 2, Article 13 of Decree 131/2013/ND-CP:

– A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for directly performing a work in public without the permission of the copyright owner according to regulations.

– A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for performing works through audio or video recording programs or any other technical means that the public can access without permission. Permission from the copyright owner according to regulations. Apply remedial measures to force the removal of copies of infringing audio and video recordings.

The above is the administrative fine for individuals. If an organization commits a similar violation, the fine will be double that of an individual.

In conclusion, the act of covering a song without permission or payment can be subject to an administrative fine of up to 30 million VND. However, in reality, with a hot song covered on YouTube, the income can be greater than this number. In addition, using or requesting to handle copyright infringement in Vietnam is not enough of a deterrent, so VCD advises work owners to pay more attention to protecting their rights by registering copyright to have a basis for evidence in court.

Handling copyright infringement of musical works

Written by Editor VCD on 9 April, 2024. Posted in Announcement, Copyright exploitation cooperation services, Musical work.

Along with the development of digital media platforms, social networks, and online content streaming services, the issue of copyright infringement in cyberspace, especially in the music industry, is always a painful topic in public opinion. So how will this act be punished? Please follow “Handling copyright infringement of musical works” VCD’s article below.

1. What is copyright infringement of musical works?

Copyright (or authorship) is a legal term used to describe the rights that authors have over their literary and artistic works.

Copyright infringement is the unauthorized use of another person’s copyrighted work without permission. Thereby violating certain rights that the subject of those works is granted the right to copy, distribute, display, or perform the protected work. The copyright holder here can be the author, creator of the work, publisher, or business assigned the right to distribute.

Accordingly, music copyright infringement can be understood as songs or musical works 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. This seriously affects the author’s creativity and right to protect his own musical works.

2. Current situation of musical copyright infringement

Recently, the Vietnam – Korea Copyright Forum (organized by the Copyright Office, the Ministry of Culture, Sports and Tourism, and the Korean Copyright Protection Agency – KCOPA) took place in Ho Chi Minh City on the morning of March 26. The forum was held with the theme “Copyright policy in the digital environment and cooperation plans between the two countries”, especially focusing on the content of music copyright protection.

Information about the economic contribution of cultural industries based on copyright, Director of the Copyright Department Tran Hoang said that the production value of Vietnam’s cultural industries in the period 2018-2022 contributed The average estimated contribution reached 1,059 million billion VND (equivalent to about 44 billion USD). In particular, performing arts activities in the period 2018-2022 will grow, the average production value will increase by 5.59%/year, and the added value of the performing arts sector will increase by 5% on average. 67%/year. Vietnam is considered to have the potential to develop the music market, with enough conditions and facilities to carry out large, international music performances.

However, nowadays copyright infringement is widely discovered on social networking platforms. Many acts of copyright infringement of musical works are carried out through acts of appropriation and impersonation of authors and rights owners; copying, publishing, distributing works, modifying works without the consent of the author or owner, causing significant damage to rights holders, and also causing many difficulties for law enforcement agencies. management and enforcement agencies in detection and handling. For example, the song We of the Future – Son Tung MTP has countless sites that allow free download just a few hours after the singer released it.

Therefore, it is necessary to apply technological measures to protect copyright in the digital environment according to the provisions of law, and we need to coordinate closely with competent State agencies in handling violations. copyright infringement.

3. Penalties for copyright infringement of musical works

Pursuant to Decree 131/2013/ND-CP stipulating administrative penalties for violations as follows:

For the act of copying works without the permission of the copyright owner: Pursuant to Article 18 of Decree 131/2013/ND-CP, there are several clauses replaced by Clause 2, Article 3 of Decree 28/ 2017/ND-CP:

– Fine from 15,000,000 VND to 35,000,000 VND

– Remedial measures: Forced removal of copies of infringing works in electronic form, on the network and digital environment, or forced destruction of infringing material evidence.

For acts of using published audio and video recordings for commercial purposes: Pursuant to Article 29 of Decree 131/2013/ND-CP, there are several clauses replaced by Clause 2, Article 3 of Decree 28. /2017/ND-CP:

– Fine from 5,000,000 VND to 10,000,000 VND:

+ For acts of using published audio or video recordings for commercial purposes in restaurants, tourist accommodation establishments, stores, and supermarkets without paying the copyright owner, the owner of related rights according to regulations.

– Fine from 10,000,000 VND to 15,000,000 VND:

+ Using published audio or video recordings for commercial purposes for broadcasting without paying usage fees to copyright owners or related rights owners according to regulations;

+ Using published audio or video recordings for commercial purposes in the field of aviation, public transportation and other commercial business activities without paying usage fees to the owner according to regulations.

– Fine from 15,000,000 VND to 25,000,000 VND:

+ For the act of using published audio or video recordings for commercial purposes in karaoke service businesses, postal and telecommunications services, or digital environments without paying the owner for use. Owner of copyright and related rights according to regulations.

– Remedial measures: Forced removal of copies of audio and video recordings in electronic form, on the network and digital environment for specified acts.

Above is VCD’s article: handling copyright infringement of musical works. Hope it helps you.

Who are the copyright owners?

Written by Editor VCD on 9 April, 2024. Posted in Announcement, Copyright exploitation cooperation services.

Currently, intellectual property created by people through thinking and creative activities in social life is increasing, accompanied by people using that intellectual product without permission. Author’s permission leads to copyright infringement. Therefore, to protect copyright, we need to identify who is the copyright owner. So please follow VCD’s article below on this issue.

1. What is the copyright owner?

The owner is the subject with the right to possess, use, and dispose of an asset or a block of assets recognized by law.

Copyright is the right of organizations and individuals to works they create or own. A copyright owner is an organization or individual that holds one, several, or all of the property rights and the right to publish a work. The original copyright owner is the author, the person who possesses copyright according to law based on the creation of the work, however, the copyright owner may or may not be the author at the same time. author. Accordingly, the copyright owner is the copyright holder or the organization or individual to whom this subject transfers one, some, or all of the property rights and the right to publish the work.

Article 13 of the Intellectual Property Law stipulates as follows:

Organizations and individuals whose works are protected by copyright include the person directly creating the work and the copyright owner specified in Articles 37 to 42 of this Law. Authors, owners Copyright holders specified in Clause 1 of this Article include Vietnamese organizations and individuals; Foreign organizations and individuals whose works are published for the first time in Vietnam but have not been published in any other country or are published simultaneously in Vietnam within thirty days from the date of the work that is published for the first time in another country; Foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which the Socialist Republic of Vietnam is a member.

According to this regulation, organizations and individuals whose works are protected by copyright include: the person directly creating the work and the copyright owner. In addition, it encourages human thinking and creativity to increasingly develop and create more types of works while ensuring creative freedom. Copyright laws of all countries are for authors and rights owners. author of rights that, when exploited, will bring economic benefits that offset creative investment costs.

2. Subjects of copyright owners

According to the provisions from Article 36 to Article 42 in Chapter III on Owners of copyright and related rights, the Intellectual Property Law stipulates that copyright owners include:

2.1. The owner of the copyright is the author

An author is a person who directly creates part or all of a literary, artistic, and scientific work. According to the provisions of Article 37 of the Intellectual Property Law, it is clearly stated that subjects are individuals and organizations that use their time, finance, physical and technical facilities to create works. This is the case where the subject is both the author who directly created the work and also the subject who contributed financially and other facilities throughout the process before, during, and after the completion of the work. Therefore, the subject is both the author and the copyright owner of the work. The copyright owner, the author, has the right to protect the integrity of the work and not allow others to modify, mutilate, or distort the work in any form that is harmful to the honor and reputation of the author. author.

2.2. Copyright owners are co-authors

Co-authors are people who directly create literary, artistic, and scientific works together. Co-authors can be indivisible co-authors and divisible co-authors. Co-authorship cannot be divided when it cannot be determined which part of the work each co-author created. Co-authorship can be divided when each co-author creates a part of the work and that part can be used independently or each author creates a part throughout the work.

Thus, compared with the provisions in Article 38 of the Intellectual Property Law, it shows that co-authors use their time, finances, and physical and technical facilities to jointly create works that share the same human rights. body and property rights of the author who creates the work or project. In this case, if there is a separate part that can be separated for independent use without harming the shares of other co-authors, then there are rights to that separate part.

2.3. The copyright owner is the organization or individual that assigns tasks to the author or cooperates with the author

The author directly creates the work either due to an assignment or under a contract with other entities. According to the provisions of Article 39 of the Intellectual Property Law, the organization assigning tasks to the author or the organization or individual entering into a contract with the author who creates the work is the owner of the work with property rights and property rights. the right to publish or allow others to publish the work by the provisions of this Law.

The basis for this right is not based on the original possession of copyright but based on law. Based on financial investment and other physical conditions for work creation activities, these subjects are the ones who “place orders” for the author to create works.

For an organization that assigns a task to a person or group of people to perform, that organization is the owner of the work and has property rights and the right to publish and let others publish the work. Rights related to the author’s identity still belong to the author and are respected throughout the process of exploiting and using the work. For individuals who agree to let others create works to meet their physical or spiritual needs. In both cases where an organization assigns a task or an individual establishes a contract to create intellectual property, in the contract the two parties need to agree on the scope of rights of the assigning party to the work. The author’s direct creative labor crystallized in the work has been compensated materially by these individuals and organizations before, during, and even after the end of the creative process. Therefore, it is also reasonable to let these subjects hold the economic rights to exploit and use the work after completion to recover previous investment capital.

2.4. The owner of the copyright is the heir

According to the provisions of the Civil Code, inheritance is understood as the transfer of assets of a deceased person to the living person, the assets left behind are called inheritance. Inheritance can be divided according to the will or if the deceased does not leave a will, the inheritance will be divided according to law. The person leaving a legacy is an individual who has the right to make a will to dispose of his or her assets; Leave your property to your heirs according to the law. Therefore, there are two types of heirs: heirs by law and heirs by will.

Thus, based on Article 40 of the current Intellectual Property Law, organizations and individuals that inherit copyright according to the provisions of the law on inheritance are the owners with property rights, the right to publish, or permission to publish the work.

2.5. The copyright owner is the person to whom the rights are transferred

The copyright owner is the person who is entitled to one, several, or all of the property and personal rights based on contractual agreements (Article 41 of the Intellectual Property Law).

The basis for this right is based on the law on the transfer of copyright ownership. Copyright can be transferred to organizations and individuals through assignment and transfer of use rights. Transfer of copyright is understood as the transfer of ownership of his or her rights by the copyright owner according to the provisions of law. Transferring the right to use copyright is understood as the copyright owner allowing another organization or individual to use one, some, or all of his or her rights for a limited period by the provisions of law. The organization or individual that transfers one, some, or all of the property rights and the right to publish the work or to another person to publish the work according to the agreement in the contract is the copyright owner.

2.6. The owner of the copyright is the State

The basis for the state’s copyright ownership is based on the legal basis in Article 42 and Clause 1, Article 1 of Decree 85/2011/ND-CP:

First, anonymous works except in the cases specified in Article 41 of the Intellectual Property Law. Anonymous works are managed by organizations and individuals That person is allowed to transfer the rights to an anonymous work to another organization or individual and receive remuneration from the transfer of that right, and the organization or individual receiving the transfer of the right shall enjoy the owner’s rights until the name is transferred. The author’s personality is determined.

Second, the work is still within the term of protection but the copyright owner dies and has no heirs, the heir refuses to receive the inheritance or is not entitled to the inheritance.

Finally, the copyright owner of the work transfers ownership to the state. When individuals or organizations use state-owned works in this case, they are obliged to ask for permission to use; pay royalties, remunerations, other material rights, and benefits; and submit a copy of the work within thirty days from the date of dissemination and circulation. Individuals and organizations perform the above obligations at the Copyright Office.

Based on the analysis of the objects of the copyright owner as well as the characteristics of the work, it can be seen that any intellectual products in the fields of literature, art, and science expressed in A certain material form is subject to copyright protection. However, to be protected, those works must also comply with certain protection principles.

Above is the article: Who are the copyright owners? I hope this article will help you.

Why must copyright be registered for musical works?

Written by Editor VCD on 4 April, 2024. Posted in Announcement, Copyright Registration, Musical work.

The Vietnamese music market is currently developing very strongly and bringing many outstanding achievements not only to singers but also to composers. Along with that development, artistic copyright infringement in general, and music copyright infringement in particular, is constantly increasing, affecting the rights of many artists, and causing frustration in the discussion. Therefore, copyright registration for musical works is necessary to help protect the rights and interests of the author. Below is VCD’s article “Why must copyright be registered for musical works? on this issue.

1. What is copyright registration for musical works?

Music, also known as a musical work, is expressed in the form of musical notes in sheet music or other musical characters or shaped on audio or video recordings with or without lyrics, regardless of whether to performed.

Music copyright is the recognition and affirmation of the author’s rights to the musical work he or she has worked hard to complete and create. Registration with a state agency is a recording, it does not mean that at that time copyright arises, but as soon as the work is completed, copyright arises.

Therefore, copyright registration for a musical work means that the author or owner of the work submits a copyright registration application to a competent state agency to issue a Music Copyright Registration Certificate. you create or own to be recognized by the state to avoid cases of infringement of your rights.

2. Copyright protection conditions for musical works.

Article 14 of the Intellectual Property Law stipulates that musical works are subject to copyright protection on the condition that the work must be directly created by the author using his or her intellectual labor and not copied from the author. products of others. Along with the provisions of Clause 1, Article 6 of the Intellectual Property Law: copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered. This means that when a work is created and people can determine its existence, that work will be protected as copyright. Therefore, the same goes for musical works, when the musician has only created the melody in his mind, this musical work is not yet protected. Only when the musician performs the expression of that work in a certain material form (writing melodies, musical notes on paper, displaying on a computer, etc.) will the copyright of the musical work be granted. that will be generated.

The content of state policy stipulated in Article 8 of the Intellectual Property Law is as follows: recognition and protection of intellectual property rights of organizations and individuals based on ensuring harmony of interests of property rights holders. intellectual property with public interest; Do not protect intellectual property objects that are contrary to social ethics, public order, or harmful to national defense and security.

In conclusion, conditions for copyright protection of musical works include:

– Is one of the subjects protected by copyright

– Created and expressed in a certain material form

– Content must not be contrary to social ethics, public order, or harmful to national defense and security.

3. Why must copyright be registered for musical works?

Music copyright is a not-so-new concept in Vietnam as well as around the world. However, to truly understand and apply copyright and intellectual property law to protect their creative products, many artists themselves still do not grasp it. Copyright registration of musical works is a way to protect the intellectual property rights of those who compose, produce, or own music copyright. Once copyrighted, the owner will have control over the copying, distribution, use, or sale of their music. Here are the necessary reasons to register music copyright:

Firstly, Protect intellectual property rights: Copyright registration is a way to protect the intellectual property rights of the creator, producer, or owner of music copyright, to avoid being copied, released, or used. illegal.

Second, Prevent copying and copyright infringement: Copyright registration will help owners have legal evidence to prevent copying and copyright infringement. If anyone violates copyright, the owner can take legal action to protect his or her intellectual property rights.

Third, monetize music copyrights: By registering copyrights, owners will have control over the release and use of their music, thereby earning royalties from copies, commercial use, and also broadcasting rights.

Finally, it increases brand value: Copyright also helps increase the brand value of musicians, singers, bands, or music companies. This can attract more audiences and businesses, increase revenue, and improve their market position.

The fact that songs are plagiarized and have lyrics manipulated is becoming more and more widespread. Listeners do not know which is the ORIGINAL work and which is the FAKE work. Not only is it harmful to the author himself, both mentally and physically, not only that, it also harms the Vietnamese music industry in particular and the Vietnamese culture of enjoyment on a large scale. wide. However, copyright registration of musical works is not mandatory, but VCD encourages customers to register copyrights for musical works to avoid arising disputes and have a basis to prove ownership of the musical work. with the work in case of dispute.

Above is the article: why it is necessary to register copyright for musical works. Hope this article will help you.

Is using photocopied textbooks illegal?

Written by Editor VCD on 4 April, 2024. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches.

Textbooks are indispensable documents in the learning process. Nowadays, photocopying books is very popular, especially in schools and students choose to use photocopying textbooks to save more money. So, is using photocopied textbooks illegal? Please follow VCD’s article “Is using photocopied textbooks illegal?” below.

1. What is the photocopied textbook?

According to Wikipedia, the definition of textbook is as follows:

Textbook is the curriculum system of a subject. It is a learning or teaching material designed and compiled based on the subject curriculum. The purpose is to make official teaching materials for teachers or to make official learning materials for students.

Article 6 of Decree 17/2023/ND/CP stipulates the concept that: curriculum is the main teaching, learning, and research document with content consistent with the training and fostering program approved by the head of the institution. Higher education institutions and vocational education institutions approve, select, or are approved by competent state management agencies according to law provisions.

Photo, also known as copying, is the creation of a copy of all or part of a work or audio or video recording by any means or form.

A copy of a work is a direct or indirect copy of all or part of the work by any means or form.

Based on the above concepts, it can be understood that photocopying textbooks is the product of the process of copying the entire original work and printing it into hard copies.

2. Are textbooks protected by copyright?

Works are protected regardless of the content, ideas, and opinions expressed in the work. Therefore, according to the copyright laws of many countries, works with content that is contrary to morality or public order can be protected if they are the result of the author’s spiritual creativity. The Berne Convention is the oldest international copyright convention with the largest number of member states, providing an unlimited list of protected works regardless of form or method. expression.

Based on the Berne Convention, Vietnam stipulates in Clause 7, Article 4 of Vietnam’s Intellectual Property Law: “A work is a creative product in the fields of literature, art, science expressed in any form. any means or form”.

On the other hand, the conditions for protecting works are in Clause 3, Article 14: protected works ”must be directly created by the author using his or her intellectual labor and not copied from another person’s work. ”.

First, the work must be the result of spiritual creative activity. To be protected by copyright, a work must be based on the results of the process of thinking, exploring, creating, and reflecting the thoughts and feelings of the creator. In other words, the work must be based on creative results that contain certain spiritual content of the author.

Second, the work must be presented in a certain form. If creations are just ideas in the author’s head and have not been expressed in a certain form in the physical world, they cannot be considered a work protected by copyright, so the author cannot be considered a work protected by copyright. A work is only protected by copyright when it is expressed in a certain form so that others can recognize and identify the work.

And finally, the work must be original. The original creativity of a work is not synonymous with “newness” in terms of time. The work does not need to have new content or ideas but must be created by the author, bearing its mark to distinguish it. This requires that the work be independently and directly created by the author without copying from others.

According to Point a, Clause 1, Article 14 of the Intellectual Property Law, regulations on types of works protected by copyright include: Literary and scientific works, textbooks, course books and other works expressed in appears as writing or other characters.

Thus, according to the above regulations, textbooks, textbooks, or other specialized research books are classified as works protected by copyright.

3 . Is using photocopied textbooks illegal?

Commercial purpose is behavior intended to generate economic or other benefits. Currently, there are many opinions related to copyright infringement of photo textbooks, depending on the purpose of using photo textbooks to determine whether there is a violation or not. There are 2 cases as follows:

Case 1:

Using photocopied textbooks does not violate copyright if the user complies with the provisions of the Intellectual Property Law on copyright including moral rights and property rights. Article 25 of the Property Law, stipulates exceptional cases that do not infringe copyright, according to which photo textbooks are one form of copying works, so users must satisfy the conditions of use. Published works do not require permission or pay royalties or remunerations in Article 25 of this Law, specifically as follows:

Textbooks are copied for personal learning purposes, not for commercial exploitation. Adapt the textbook into an accessible form for people with disabilities and visual impairments, not for commercial purposes.

In particular, non-commercial purposes means that in cases where the purpose of use is determined to be for profit such as rental, the user will not be entitled to this non-infringement exception. Thus, the act of self-copying a copy for personal scientific research or teaching purposes is not applied for commercial purposes.

Case 2:

Using photocopied textbooks violates copyright if this is the act of copying textbooks for commercial, sale, or profit purposes, will violate the author’s intellectual property rights, and may lead to legal consequences. physical. According to Article 28 of the Intellectual Property Law, acts of copying works without the permission of the author or copyright owner, except for the provisions of Article 25 of this Law stated in case 1, are such acts. considered a violation of copyright.

However, in reality, more and more people are profiteering from photocopying original textbooks to sell and gain profit. This will affect the author’s effort, income and intelligence. Therefore, the fact that universities allow students to abuse too many copies of research documents and textbooks can be considered a form of indirect support in violating the author’s intellectual property rights.

4 . Penalties for copying works

Using photocopied textbooks not for scientific research purposes but for commercial purposes will be subject to administrative sanctions according to the provisions of Article 18 of Decree 131/2013/ND-CP regulating administrative sanctions. For acts of infringing the right to copy works, violators, and organizations will be fined twice the fine range for individuals as prescribed in Clause 2, Article 2 of Decree 131/2013. /ND-CP. Accordingly, acts of infringing on the right to copy works will be fined from 15,000,000 VND to 35,000,000 VND for individuals and from 30,000,000 VND to 70,000,000 VND for organizations.

In addition, remedial measures will be applied: forced removal of copies or photocopies of infringing works in electronic form, on the Internet and digital environment, or forced destruction of infringing material evidence here. is a book.

Above is the article: Is using photocopied textbooks illegal? Hope this article will help you.