Music today is one of the means of entertainment, helping people relieve stress and anxiety. It is also a way to help people develop emotions and learn many things through melodies and lyrics. This type of work is very susceptible to being copied and used illegally. According to current Intellectual Property law, musical works are one of the types protected by copyright. So, what issues should you pay attention to in the form of copyright registration declaration for musical works? Please follow VCD’s article below.
1. What is a musical work?
A musical work is a work created and expressed through music. This is a type of work of art, composed and performed by a musician or group of musicians. Musical works can be expressed as musical notes in sheet music, or communicated through other musical symbols (e.g., chords, guitar tabs). Additionally, musical works can also be recorded and released as sound recordings, allowing listeners to enjoy and experience the music across media.
According to the provisions of Point d, Clause 1, Article 14 of the Intellectual Property Law 2005, musical works are one of the types of artistic works protected by copyright.
Referring to Clause 4, Article 6 of Decree 17/2023/ND-CP, “Musical works specified in Point d, Clause 1, Article 14 of the Intellectual Property Law are works expressed in the form of musical notes in a musical score. or other musical characters regardless of performance or non-performance.”
Musical works are protected by copyright from the moment the work is created in a recordable form in physical form, the form of recording can be on paper, typewritten, or another form of recording. Thus, when the musician only thinks about the lyrics in his head but has not yet expressed them in physical form, the music is not protected by copyright.
2. Documents to register copyright for musical works
To register the copyright owner of a musical work, the author needs to prepare the following documents and records:
Copyright registration declaration for musical works (according to form No. 04 in Circular 08/2023/TT-BVHTTDL dated June 2, 2023. Circular stipulating forms for copyright and copyright registration activities). relate to):
- The declaration must be made in Vietnamese and signed by the author, copyright owner, related rights owner or person authorized to submit the application. The declaration must contain complete information about the applicant, author, copyright owner or related rights owner. The declaration must contain a summary of the content of the work, performance, audio recording, video recording or broadcast; author’s name, the work is used as a derivative work if the work is registered as a derivative work; time, place, and form of announcement; Commitment to responsibility for the information stated in the application.
- Two copies of the copyrighted work:
- 01 copy kept at the Copyright Office and 01 copy stamped with the Registration Certificate number and returned to the subject to whom the Registration Certificate was issued.
For musical works: 02 printed copies of music + lyrics or audio recording (recording) in case of recording.
- Power of attorney or authorization contract, in case the authorizing party is an individual, the authorization document must be authenticated according to the provisions of law.
- Documents proving the right to apply;
- Written consent of the co-authors, if the work has co-authors;
- Written consent of the co-owners, if the copyright is jointly owned.
- Identity card or citizen identification card of the author or owner of the work;
- Copy of the company’s Business Registration Certificate (if the owner is a company).
All documents submitted with the copyright registration application must be made in Vietnamese; if made in a foreign language, they must be translated into Vietnamese and notarized or authenticated.
3. Notes when filling out the Copyright Registration Form for musical works
In section (1) In case of copyright registration declaration for an individual, initial each page of the declaration; In case of copyright registration declaration for an organization, stamp the declaration.
In section (2) Issuing copies for dissemination to the public such as publishing, recording, recording, printing, and posting on telecommunications networks, the Internet, and other forms.
In section (3) Commitment: The content of the work is created by the author/co-author, is not copied from the works of others, and does not violate the provisions of Vietnamese law.
For works containing content related to sovereignty, territory, national borders, history, religion, beliefs, fine customs, health, honor, prestige, rights, and legitimate interests laws of other organizations and individuals; State and public interests must ensure that there is no violating content or images, no distortion, and no impact on these issues.
In section (4)
4.1. Fully declare all co-authors (if any) and clearly state the role of each co-author in creating the work;
4.2. In case the author has died, clearly state the year the author died in this section.
In section (5), and section (7) Full declaration of co-owners of copyright, if any.
In section (6) Full declaration of co-authors, if any.
In section (8) In case of registration for an author who is not also the copyright owner, the author is the person signing the Declaration.
In case of registration for the copyright owner, the copyright owner or the copyright owner’s legal representative is the person who signs and stamps (in the case of an organization) on the Declaration.
In case the work has co-authors/co-copyright owners, it must have the signatures of all co-authors/co-copyright owners. The declaration can be signed by one of the co-authors/co-copyright owners if there is written authorization from the remaining co-authors/co-copyright owners according to the provisions of the law.
