Copyright issues face many global challenges in the media and advertising sector, including Vietnam. In Vietnam, many cases of copyright infringement in advertising have been recorded. , such as using a famous song in a promotional video without the author’s permission or using another brand’s image or logo without consent, resulting in trademark rights violation. Therefore, it is necessary to clearly understand the provisions of Intellectual Property law on music copyright in advertising programs. VCD’s article below will help you understand this issue.
1. Concept of music copyright in advertising programs
Music copyright according to the provisions of the Intellectual Property Law is the author’s right to the work expressed in the form of notes in music or other musical characters or shaped on audio or video recordings. with or without lyrics, regardless of performance or non-performance, from when the author creates the work.
Advertising is a form of communication to introduce and promote products, services, or brands to target customers. Music is often used in advertising to create an impression and enhance the message’s effectiveness.
Therefore, music copyright in advertising programs is the legal use of musical works (such as songs, and musical scores) in advertising content, while complying with copyright regulations. This requires advertising producers to obtain permission to use and pay royalties to authors, musicians, and music producers through copyright management organizations.
2. Legal regulations on music copyright in advertising programs
According to the provisions of Article 26. Copyright limitations of the Intellectual Property Law stipulate as follows:
- Cases of using published works that do not require permission but require payment of copyright, information about the author’s name and origin of the work include:
a) Inventing organizations use published products or works that have been permitted by the copyright owner to be recorded on audio or video recordings for commercial purposes to detect sponsorship; Newspaper advertising or collection of money in any form is not allowed, but royalties must be paid to the copyright owner from the date of use. The parties agree upon royalty level and payment method; In case consent is not reached, the Government’s regulations shall be followed.
Broadcasting organizations use published products or works that have been permitted by the copyright owner to be fixed on audio or video recordings for commercial purposes for broadcasting without sponsorship or advertising. Report or do not collect money in any form without asking for permission but must pay royalties to the copyright owner from the time of use according to government regulations;
b) In case the work has been permitted by the copyright owner to be fixed on an audio or video recording for commercial purposes, organizations and individuals may use this audio or video recording in their activities. Business and commercial activities do not require permission but must pay royalties to the copyright owner of that work according to the agreement from the time of use; In case an agreement cannot be reached, the Government’s regulations will be followed. The government regulates the business and trade activities specified in this point in detail.
When broadcasting organizations broadcast advertising programs, permission will not be required, but royalties or remuneration will be required to be paid, the procedure will be as follows:
– Case 1: A broadcasting organization that uses a published work to broadcast with sponsorship, advertising, or collecting money in any form is not required to ask for permission, but must pay royalties and remuneration to the owner. own copyright from the moment of use. The level of royalties, compensation, other material benefits, and payment method shall be agreed upon by the parties; In case no agreement is reached, comply with the Government’s regulations or initiate a lawsuit in court according to the provisions of law;
– Case 2: Broadcasting organizations that use published works to broadcast without sponsorship, advertising, or collecting money in any form do not have to ask for permission, but must pay royalties and remunerations. to the copyright owner since use is according to government regulations.
However, it should be noted that using song lyrics must not affect the normal exploitation of the work, and must not harm the rights of the author or copyright owner; Must provide information about the author’s name and the origin of the work.
There are some cases in which advertising is exempt from copyright. If the work used in advertising has expired its property rights protection period (usually 50 years after the author’s death), the organization will , individuals can use the work without asking permission and paying royalties, but it is still necessary to state the author’s name and the origin of the work used in advertising.
If an advertisement uses images, sounds, or videos provided by a third party, the business needs to request that a third party provide documents proving these rights, such as a management authorization contract. , exploitation of works or copyright transfer contracts, work use contracts… which acknowledge that a third party has the right to allow other entities to use the work.
Some advertising uses a copyrighted work without the permission of the author or copyright owner, but there is no business profit from it. This does not fall under the exceptional cases of non-infringement of copyright specified in Article 25 of the Intellectual Property Law. Therefore, this case is still considered a copyright infringement.
In addition, in case a business uses creative works as part of an advertising campaign, the business must seek permission and pay royalties to the author, otherwise, it will be considered an act of copyright infringement. counterfeit, except in cases where the copyright period of the work has expired.
In conclusion, VCD finds that complying with regulations on music copyright in advertising not only protects the rights of authors but also helps you avoid legal risks. This ensures that the music used in advertising is effective and respects intellectual property rights.
