The potential and development of the Vietnamese film market are attracting the attention of many domestic and foreign partners, and it can continue to thrive in society and bring cultural value to the nation. Music can create a range of emotions and convey profound messages in cinematography. It plays an important role in increasing the romance, humor, tension, or emotion of an important scene in the work. So how is music copyright in cinematographic works regulated by law? Please follow VCD’s article below.
1. Copyright of music in cinematographic works
Defined in Clause 1, Article 12 of Decree 22/2018/ND-CP, a cinematographic work is a work expressed by moving images combined or not combined with sound and other means according to the principles of language. cinematic language. Still, images taken from a cinematographic work are part of that cinematographic work.
“Music copyright in cinematographic works” is a term that refers to the ownership and rights to use music in a cinematographic work. It refers to the licensing rights and legal protections associated with the use of music in a film. It also includes the rights of musical authors to use, reproduce, distribute, perform, and communicate their work in a film.
Ownership of music copyright in a cinematographic work belongs to the music composer or music copyright owner. These people have the right to control the copying, distribution, public performance, charging, and creation of versions based on their music.
The right to use music in a cinematographic work is the licensed right to use music in a film. Film producers must obtain permission from music copyright owners or copyright agents to use music in their works. Rights to use music may include use in films, trailers, advertisements, or other forms related to the cinematographic work.
2. Legal regulations on music copyright in cinematographic works
Purpose The law regulates music copyright in cinematographic works to:
- Protect the rights of authors: Ensure music authors receive recognition and fair compensation for their creative efforts.
- Encourage creativity: Motivate music creators to continue contributing to culture and the arts.
- Ensuring legality: Helps film producers comply with intellectual property laws, avoiding legal disputes related to the illegal use of musical works.
According to the provisions of Vietnam’s Intellectual Property Law, when a musical work is used in a film, copyright property rights will arise, and the user of the work (film producer) will There will be corresponding obligations. These property rights include:
a. Right to copy works
At Point c, Clause 1, Article 20 of the Intellectual Property Law, the regulation is: “Directly or indirectly copy all or part of the work by any means or form…” Thus, the author has the right to copy the work. musical works in any form, including copying them into films.
Film producers must obtain permission and pay royalties for copying musical works into films. Music used in movies can be licensed through two forms: ordering (hiring) the author to write a new song or asking the owner’s permission to use an existing song to produce a movie. In both cases, obtaining permission and managing copyright for music in films is important to ensure legal compliance and protect the rights of authors and copyright owners.
If online publishers allow users to download for viewing, it will give rise to “copyrights”. When theaters show films, they will incur obligations regarding “the right to perform the work in public”, and when the film is broadcast on television channels and online television platforms, they will incur “the right to perform the work in public”. broadcasting rights, communication rights”.
As the film is published, distributed, and shown in different environments, as well as on online platforms and broadcasters, rights related to the music in the film will continue to arise. Publishing the film on these platforms requires the copyright owner or music copyright manager to collect a corresponding fee.
b. The right to perform the work in public
Authors have the right to perform their musical works in public. At Point b, Clause 1, Article 20 of the Intellectual Property Law, specifically: “Performing works to the public directly or indirectly through audio or video recordings or any other technical means at the location.” that the public can access but the public cannot freely choose the time and each part of the work;”.
For the film to reach the public, the role of cinemas cannot be ignored, as the destination for movies and the place where the public can access cinematographic works. When the film is shown in theaters, the songs used in the film can be played during the screening to create an atmosphere and convey the film’s message to the audience, and can be played in the lobby space. , where to buy tickets and other areas in the cinema to create a music space related to the film, and are also used in trailers, teasers, and film promotion activities…
As analyzed above, the difference between the purpose of using musical works by producers and cinemas can be seen. Both parties have different purposes of use and have their rights and responsibilities: one side is the unit that uses the musical work to create a product/cinematic work and the other is the unit that displays and performs it. musical works along with cinematographic works. Clearly defining the role and purpose of using musical works between film producers and cinemas is important to ensure that copyright management and fee collection are carried out properly and fairly.
c. The right to broadcast and communicate works to the public
At Point d, Clause 1, Article 20 of the Intellectual Property Law, the regulation is: “Broadcasting and communicating works to the public by wire, wireless, electronic information networks or any other technical means.” other…”. When cinematographic works are shown or broadcast on television, the rights to broadcast and communicate to the public the musical works used in the film will arise.
The development of OTT (Over-The-Top) television platforms and online broadcasting services has created a new environment for accessing and consuming entertainment content. This poses new challenges in copyright protection and copyright management, including for musical works used in films. The convenience of accessing movies and TV shows has transformed the way audiences interact with content, and this digital revolution also brings unprecedented challenges in security and rights protection. author, the requirement is to have new solutions to protect content from a series of risks of copyright infringement, not only for cinematographic works but also for recorded musical works. used in movies.
In conclusion, legal regulations on music copyright in the film industry in Vietnam have helped protect the rights of music composers and ensure fairness in the use of musical works in films. Compliance with these regulations is important to ensure that the use of music in cinema is carried out following the law and to ensure the rights of music authors.
