Nowadays, when building a brand, people not only focus on the image but also invest in sound. This sound represents the identity and values of the business, combined with images to become a brand identifier in the market, for example, the sound of Coca-Cola opening the lid or “I’m lovin’ it” from McDonald’s. Therefore, what is a brand identity sound, and is it protected by copyright?
1. What does brand identity sound like?
Brand identity sounds are characteristic sounds used by brands to reinforce brand awareness among consumers, also known as audio logos. Brand recognition sounds are often short, and easy to recognize and remember, for example, the sound of reading a brand slogan, a short melody, a characteristic sound of a product, etc. Brands use characteristic sounds. to help audiences associate those sounds with their brand. There is no need to see the logo image, just need people to hear the sound and they will immediately associate with the brand.
Exclusive sound for brand recognition creates distinction and a competitive advantage over other competitors. Many brands have spent effort and money to invest in developing and building unique brand identity sounds, bearing their brand characteristics. For example, Mastercard has created a sound mix to identify its brand in the Vietnamese market, using traditional Vietnamese musical instruments such as flute, monochord, and zither; Shopee with its signature “Shopee” notification sound,…
2. Are brand identity sounds protected by copyright?
According to Article 14 of the Intellectual Property Law, types of works protected by copyright include:
- Literary, scientific works, textbooks, course books, and other works expressed in writing or other characters;
- Sermons, speeches, and other talks;
- Journalistic works;
- Musical works;
- Theater works;
- Cinematographic works and works created by similar methods (hereinafter collectively referred to as cinematographic works);
- Works of fine arts and applied arts;
- Photographic works;
- Architectural works;
- Maps, diagrams, maps, and drawings related to topography, architecture, and scientific works;
- Literary and folk artworks;
- Computer programs, and data collection.
From the above regulations, it can be seen that brand recognition sounds do not satisfy any type of work protected by copyright under Article 14 of the Intellectual Property Law. In particular, it is necessary to avoid confusing the brand identity sound with a musical work – which is one of the types of works protected by copyright under Article 14 of the Intellectual Property Law. Although some brand sounds are short pieces of music, they cannot be considered musical works. A musical work is a work expressed in the form of notes in music or other musical characters regardless of performance or non-performance (According to Article 6, Clause 4, Decree 17/2023/ND-CP ). The brand identity sound is just a short melody, even if it is recorded as notated music, it cannot be considered a complete piece of music. Therefore, the brand identity sound, even if it is a melody, does not qualify to be considered a musical work and is not protected by copyright.
On the other hand, in case the brand identity sound exists in the form of an audio recording, according to Article 17 of the Intellectual Property Law, the audio or video recording is protected by related rights if it falls into one of the following cases. :
- Audio and video recordings by producers of audio and video recordings with Vietnamese nationality;
- Audio and video recordings of producers of audio and video recordings are protected under international treaties of which the Socialist Republic of Vietnam is a member.
It can be concluded that, although brand recognition sounds are not protected by copyright, sound recordings containing brand recognition sounds are still protected by related rights under Vietnamese intellectual property law.
Above is the article “Is brand identity sound protected by copyright?“. Hope this article is useful to you.
