For each musician or owner, being recognized by law as the owner of a copyright is very important because musical works or songs are the brainchild that authors passionately compose. However, with technology and the development of today’s music market, copying has become easier, more sophisticated, and unpredictable. To protect their work, the author or owner needs to register the music copyright for the song they own and create with the competent authorities. One of the things that authors, or copyright owners are interested in is the cost of copyright registration of musical works, which will be presented in the article below from VCD.
1. What is copyright for musical works?
Under Clause 2, Article 4 of the current Intellectual Property Law: “Copyright is the right of organizations and individuals to works they create or own.” In addition, Clause 4, Article 6 of Decree 17/2023/ND-CP stipulates in detail several articles and measures to implement the Intellectual Property Law on copyright and related rights, “Music works stipulate At Point d, Clause 1, Article 14 of the Intellectual Property Law, a work is expressed in the form of notes in music or other musical characters regardless of whether it is performed or not”.
Therefore, it can be understood that copyright in musical works is the author’s right to the work expressed in the form of notes in music or other musical characters or shaped on sound recordings recorded with or without lyrics, regardless of performance or non-performance from the time the author created the work. Music copyright registration is an activity carried out by a competent state agency to protect the copyright of individuals and organizations whose musical works satisfy the conditions for protection according to regulations provisions of intellectual property law.
Currently, most cases of copyright infringement are related to musical works, especially when occurring in cyberspace. The characteristics of musical works are that they are easy to copy, duplicate, and transmit on the Internet environment, so with the development of the 4.0 and upcoming 5.0 Technology Revolution, the situation of copyright infringement on musical works is increasing. Music in general and movies, images… in particular are increasingly increasing in cyberspace, taking place popularly not only in Vietnam but also globally.
2. Protection conditions and grounds for arising copyright for musical works
A musical work is protected when it meets the conditions stated in the Intellectual Property Law, that is, the musical work must have creativity (originality) and the form of expression of the work ( formability).
- Originality is shown in the fact that the results of the work must be independently created by the author, the author directly creates with his or her intellectual labor and does not copy from the work of others. Containing a certain amount of creativity does not require the work to be unique, or novel, has high aesthetic value, and only requires minimal creativity to express something unique to the author.
- The formability expressed in certain materials is the representation in writing, other characters, lines, shapes, layouts, colors, sounds, and images or the reproduction of sounds and images in the form of objects. a certain quality from which it can be recognized, copied, and communicated.
According to Clause 1, Article 6 of the current Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered. Therefore, copyright to songs is automatically protected from the moment the work is born in a certain material form. However, registering for copyright protection still has many advantages when copyright disputes arise.
3. Procedures for registering copyright for musical works
Step 1: The author or copyright owner prepares a registration declaration (form No. 01 issued with Circular 08/2023/TT-BVHTTDL) and 01 set of copyright registration documents (including documents according to Article 39 of Decree 17/2023/ND-CP detailing several articles and measures to implement the Law on Intellectual Property and related rights.
Step 2: The author or copyright owner, after completing the drafting of the dossier, can directly or authorize another organization or individual to submit the copyright registration dossier to the Copyright Office. Author or Representative Office of the Copyright Office (dossier can be sent by post).
Step 3: Within 45 working days (including 01 month of review and 15 days of Certificate issuance), from the date of receipt of a valid application, the state management agency in charge of copyright and related rights is responsible for issuing a Copyright Registration Certificate to the applicant. In case of refusal to issue a Copyright Registration Certificate, the state management agency in charge of copyright and related rights must notify the applicant in writing.
Step 4: Proceed to pay the prescribed fee to receive the Copyright Registration Certificate. After notification that the application has been granted a registration certificate, the application owner needs to pay a fee to receive a certificate of copyright registration for the musical work.
4. Cost of copyright registration for musical works
Circular No. 211/2016/TT-BTC stipulates the rates, collection, payment, management, and use of fees for granting copyright registration certificates, related rights registration certificates, and expenses. Song copyright registration fees and registration fees for other subjects of copyright.
Specifically, for copyright registration of musical works, the fee for issuing a Copyright Certificate is 100,000 VND for a set of documents.
Copyright registration also gives composers and other copyright owners the ability to make legal claims against unauthorized copies of a song, and ensures that they will not lose their rights to use the song. use and distribute your song to others without compensation.
In addition, copyright registration also helps authors protect their reputation and works, increasing their ability to attract music producers and consumers, thereby achieving success and better revenue from their songs sing my own.
Above is the article: “Cost of song copyright registration”. Hope this article will help you.
