Covering songs and posting them on social media is a popular trend among many young people today. However, many believe that as long as they sing the song for entertainment or not to make money, they won’t violate copyright and won’t be penalized. So, is it punishable to cover someone else’s song and post it on social media without permission? Let’s find out in this article!
What is a song cover?
A song cover is when an individual or organization reuses an existing song and performs it in their own style. Covers can include:
- Singing the original song again
- Playing an instrument and performing it again
- Recording or filming a video and uploading it to social media
- Performing live on stage or livestreaming
Currently, music covers are common on social media platforms such as TikTok, YouTube, Facebook, Instagram…
Even though the person covering the song didn’t compose it themselves, using the song still directly involves the copyright of the songwriter, producer, or copyright owner.
Is it punishable to cover someone else’s song and post it on social media without permission?
Currently, covering songs and posting them on social media is becoming a popular trend, especially among content creators and music lovers. However, not everyone understands that musical works are subject to copyright protection under the law.
According to Clause d, Point 1, Article 14 of the 2022 Intellectual Property Law, musical works belong to the group of literary, artistic, and scientific works protected by copyright. This means that any act of exploiting, using, or performing a song must comply with the regulations of intellectual property law.
In addition, Clause 2, Article 15 of Decree 17/2023/ND-CP also stipulates that the right to perform a work before the public is the exclusive right of the copyright owner.
“2. Regarding musical works as stipulated in point d, clause 1, Article 14 of the Intellectual Property Law: This is the exclusive right of the copyright owner to perform or permit others to perform the work, allowing the public to access and experience it through hearing, or to present the work on stage to the public, but the public cannot freely choose the time and parts of the work, including experiencing it from outside the performance space via screens, speakers, or similar technical devices.”
For musical works, performance includes the act of enabling the public to hear, access, or experience the work through a stage, speakers, screens, or other digital means.
Therefore, when an individual independently covers a song and uploads it to social media, this act is considered a performance and transmission of the work to the public on the internet. Even if the cover artist only sings the song for personal enjoyment, without changing the content or directly profiting from it, publicly sharing the cover on digital platforms may still require permission from the copyright owner.
However, many people believe that simply covering a song for personal entertainment or not enabling monetization does not violate copyright. According to current law, social media is considered a public space. Therefore, publicly posting a cover is still an act of using a musical work that requires permission, especially if the work is still under copyright protection.
Therefore, before covering and posting a song on social media, individuals should proactively check the copyright status of the song or seek permission from the copyright owner to avoid unnecessary legal risks.
Penalties for unauthorized covering of songs and posting them on social media
Unauthorized covering of songs and posting them on social media for commercial purposes may result in administrative penalties if the copyright or related rights holder’s consent is not obtained.
According to Article 29 of Decree 28/2017/ND-CP, the act of using published audio or video recordings for commercial purposes without paying the required usage fees will be subject to penalties depending on the severity of the violation.
“The act of using published audio and video recordings for commercial purposes:
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of using published audio and video recordings for commercial purposes in restaurants, tourist accommodation establishments, shops, and supermarkets without paying usage fees to the copyright owner or related rights owner as prescribed.
2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts:
a) Using published audio and video recordings for commercial purposes for broadcasting without paying usage fees to the copyright owner or related rights owner as prescribed;
b) Using published audio and video recordings for commercial purposes in the fields of aviation, public transport, and other commercial business activities without paying usage fees to the owner. According to regulations.
3. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for the act of using published audio and video recordings for commercial purposes in karaoke establishments, postal and telecommunications services, and digital environments without paying usage fees to the copyright owner or related rights owner as prescribed.
4. Remedial measures:
The electronic copies of audio and video recordings, on the internet and digital environment, shall be removed for the acts specified in Clauses 2 and 3 of this Article.”
Therefore, if an individual covers a song and posts it on TikTok, YouTube, Facebook, or other social media platforms to earn money, promote a brand, or for commercial purposes without permission from the copyright owner, they may be fined from VND 15,000,000 to VND 25,000,000 and must remove the infringing content.
For organizations that violate the law, the administrative penalty will be double the penalty applied to individuals as stipulated by law.
The above is an article titled “Is it punishable to cover someone else’s song and post it on social media without permission?“. Hopefully, the information above has helped you better understand the legal regulations related to copyright for musical works, as well as the legal risks that may arise when covering and posting songs on social media platforms without permission.
Sincerely,
FAQ
Yes. Whether posted on a personal profile or a fan page, publicly sharing a cover song on Facebook is still considered an act of communicating the work to the public. Without the copyright owner’s consent, the uploader still risks copyright infringement.
If a cafe uses cover songs for business purposes, performances for customers, or livestreaming to generate revenue, they may still need to obtain permission and pay copyright fees according to the law.