1. How is livestream considered copyright infringement?
Livestream (also known as live streaming) is the process of broadcasting live video in real-time to an audience on the internet without needing to record or store it in advance. By using smartphones connected to the internet, through technology platforms such as Facebook, and YouTube… users can live stream and share with the public what is happening at present. Although livestream technology brings many benefits to everyone, it has a high potential risk of copyright infringement. There are many cases where live streamers do not pay attention and accidentally use other people’s music, images, and videos while performing livestreams. There are also other cases where live streamers intentionally use other people’s music, images, and videos to attract viewers even without the permission of the owners of those sounds, images, and videos. The above actions, whether intentional or unintentional, are considered copyright infringement.
According to the provisions of Vietnamese law on copyright, one of the property rights under copyright is the right to broadcast and communicate to the public the work by wired or wireless means, electronic information networks, or any other technical means, including providing the work to the public in a manner accessible to the public at a place and time of their choosing (Article 20 of the Intellectual Property Law). The exploitation and use of broadcasting rights and the right to communicate works to the public by individuals and organizations must be with the permission of the copyright owner and pay royalties and other material benefits (if applicable). yes) to the copyright owner. The act of livestreaming and using another person’s work without permission and without paying royalties to the author or copyright owner is an act contrary to the law and infringes upon broadcasting rights to communicate the work to the public. In addition, Article 28 of the Intellectual Property Law clearly states that acts infringing on the property rights of the author or copyright owner are considered acts of copyright infringement.
From the above regulations, it can be confirmed that the act of livestreaming involves using other people’s music and images without the permission of the author or copyright owner, and without paying royalties to the copyright owner. The author is considered an act of copyright infringement.
2. How will livestream infringement of copyright be handled?
According to the provisions of Decree 131/2013/ND-CP, livestream infringement of copyright can be subject to administrative sanctions as follows:
- Acts of infringing on the right to publish works (Article 11): Fine from 5,000,000 VND to 10,000,000 VND for acts of publishing works without permission of the copyright owner according to regulations; Forcing public corrections on mass media.
- Acts of infringing on the right to communicate works to the public (Article 17): Fine from 15,000,000 VND to 30,000,000 VND for acts of communicating works to the public by wire, wireless, or network means of electronic information or any technical means without the permission of the copyright owner as prescribed; Forced removal of copies of infringing works.
- Acts of infringing on the performer’s right to fix a live performance (Article 23): Fine from 3,000,000 VND to 5,000,000 VND for the act of fixing a live performance on audio or recording images without the permission of the performer’s rights holder; Forced removal of copies of infringing performances in electronic form, on the network and digital environment or forced destruction of infringing exhibits.
- Acts of infringing on the right to broadcast or otherwise transmit to the public an unformed performance (Article 25): Fine from 20,000,000 VND to 40,000,000 VND for acts of broadcasting or transmitting in other ways to the public an unfixed performance without the permission of the performer’s rights holder, unless the performance is intended for broadcast; Forced removal of copies of infringing performances in electronic form, on the network and digital environment or destruction of infringing exhibits.
- Acts of infringing on the right to distribute to the public broadcast programs (Article 31): Fine from 10,000,000 VND to 30,000,000 VND for distributing to the public copies of broadcast programs without the permission of the rights owner of the broadcasting organization; Forced removal of copies of broadcast programs in electronic form, on the network and digital environment, or forced destruction of infringing material evidence.
Above is the article “Is a live stream using other people’s music or images considered copyright infringement?“. We hope this article is useful to you.
