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 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 a singer perform an exclusive song by another singer?
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.
