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 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.
