Is using beats from other people’s songs a copyright violation?

The trend of covering, remixing or making short videos with “catchy” background music is spreading across social media channels: TikTok, YouTube, Facebook. But among those countless attractive remixes, few people know that just by reusing someone else’s beat without permission, you can violate music copyright. So is using beats from other people’s songs really illegal? Let’s find out with VCD!

What is a beat? Who owns the copyright to the beat?

“Music beat” is understood as the background music or arrangement without lyrics, which acts as a framework, creating emotions and rhythm for the entire song. In the process of music production, beats are often created by arrangers, music producers (producers) or record labels, to serve as a background for singers, rappers or content creators to use to sing, rap, remix or make videos. It can be said that, although it does not contain lyrics, the beat is the “soul” that contributes to shaping the style, color and appeal of a musical work.

Not only does it have artistic value, the beat is also an intellectual property with economic value. In many cases, a beat can be sold, licensed or transferred at a very high price, especially when it is created by famous music producers. Therefore, the beat is not simply “background music for singing” but also an independent creative product, protected by law similar to the lyrics or melody of a song.

According to Article 14 of the Intellectual Property Law 2022, protected musical works include harmony, arrangement, accompaniment, beat and melody. This provision affirms that each element in a song, whether lyrics, melody or beat, is considered part of the original musical work and can be protected independently if it meets the conditions of creativity.

That also means that the creator of the beat is the copyright owner of that music, unless they have transferred or signed a contract to transfer ownership to another party such as a record company, singer or production unit. In that case, the right to use, exploit and allow others to use the beat will be decided by the recipient.

In short, a beat is not only a part of music but also a fully copyrighted work with legal, artistic and commercial value. Understanding this nature helps content creators, artists or businesses using music know how to respect intellectual property rights and avoid copyright infringement risks during the exploitation process.

Is using a beat from someone else’s song a copyright infringement?

Even if it is just a few dozen seconds of background music, that beat is still considered an independent musical work protected by law. Therefore, reusing a beat without the owner’s permission is an infringement of copyright, an act that can be handled according to the provisions of the Intellectual Property Law.

According to Article 20 of the Intellectual Property Law 2022, the owner of a musical work has the full right to perform or allow others to perform the following acts:

• Copy, distribute, or communicate the work to the public (for example, publish, post on social networks, YouTube, etc.);

• Create derivative works (such as remixing, remixing, adding new lyrics, or using the original beat for a cover).

Thus, if you take a beat from someone else’s song to record, remix, sing a cover, or use it in a promotional video without permission, you have infringed on the property rights of the author or beat owner. Even if you clearly state the source or “just for fun”, that action can still be considered an infringement, because copyright does not depend on commercial or non-commercial purposes, just using it without permission is an infringement.

If you violate copyright by using beats from other people’s songs, you may face the following forms of handling:

• Administrative sanctions: According to Decree 17/2023/ND-CP, copyright infringement can be fined from 10 to 30 million VND; forced to remove videos, posts containing infringing beats; forced to destroy infringing evidence (discs, music files, etc.).

• Video removed, blocked from monetization or account locked: Platforms such as YouTube, Facebook, TikTok all have Content ID systems that automatically detect copyrighted beats. When detected, the video can be removed or monetized; receive copyright warnings; the account can be deleted if it violates repeatedly.

• Civil and criminal liability: In serious cases, the beat owner has the right to sue for compensation for damages (licensing costs, reputational damage, etc.). If the act has a commercial element or causes great damage, you may be prosecuted under Article 225 of the 2015 Penal Code, with a fine of up to 1 billion VND or imprisonment of up to 3 years.

Cases of using beats that are not considered copyright infringement

In some cases, using beats from other people’s songs is not considered copyright infringement, as long as the user complies with the provisions of copyright law. Here are some legal exceptions allowed by law:

• With the owner’s permission: You can buy the copyright of the beat or ask for permission to use it from the owner. Sign a contract to use the beat within the permitted scope (Example: Only use for livestream, not for performing).

• Using free beats: Some beats can be shared as “free beats” or in the public domain, meaning anyone can use them without permission. However, you need to check the terms of use carefully: Many producers allow free use but not commercialization (Example: Do not post YouTube with monetization enabled).

• Using beats for research, teaching, or commentary purposes: According to Article 25 of the Intellectual Property Law 2022, reasonable citation of published works for non-commercial purposes (teaching, commenting, research, etc.) is not considered copyright infringement. However, you still need to clearly state the source and not affect the owner’s exploitation rights.

Above is the article on “Is using beats from other people’s songs a copyright infringement?” that VCD shares with you. Hopefully, respecting copyright not only helps you protect your personal reputation and brand, but also contributes to building a healthy, professional and fair music creation environment for everyone.

Sincerely,