Procedure for song copyright registration in Vietnam

Hello lawyer, I have created a song. I want to ask a lawyer about the procedure for song copyright registration in Vietnam? I sincerely thank!
Currently, music is a field that many people care about and pay attention to. For a song that has a strong appeal to the public, it gives the author a lot of value. However, if the copyright is not registered, the author may not be able to keep his rights. So what is the procedure for song copyright registration in Vietnam? Let’s answer with lawyer X right here:

Legal grounds

• Law on Intellectual Property 2005, amended and supplemented in 2009
• Decree 105/2006/ND-CP

How long is the term of protection of musical works?

Article 14 and Clause 2, Article 27 of the 2005 Law on Intellectual Property stipulates as follows:

“Article 14. Types of works protected by copyright

1. Protected literary, artistic and scientific works include:

a) Literary, scientific works, textbooks, textbooks and other works expressed in writing or other characters;

b) Lectures, speeches and other speeches;

c) Press works;

d) Musical works;

d) Theatrical works;

e) Cinematographic works and works created by similar methods (hereinafter referred to as cinematographic works);

g) Visual and applied art works;

h) Photographic works;

i) Architectural works;

k) Maps, diagrams, maps, drawings related to topography, scientific works;

l) Literary and folk art works;

m) Computer programs, data collection.”

Clause 2, Article 27 of the Intellectual Property Law, the term of copyright protection is as follows:

a) Cinematographic, photographic, theatrical, applied art and anonymous works have a term of protection of fifty years from the time the work is first published. Within fifty years from the time the cinematographic work or theatrical work is fixed, if the work has not been published, the time limit shall be counted from the time the work is fixed; for anonymous works, when information about the author is available, the term of protection shall be calculated according to the provisions of point b of this clause;

b) Works that do not fall into the category specified at Point a of this Clause have the term of protection for the entire life of the author and for fifty years following the year of the author’s death; in the case of a work with co-authors, the term of protection shall terminate in the fiftieth year after the year of death of the last co-author;

c) The term of protection specified at Points a and b of this Clause ends at 24 o’clock on December 31 of the year in which the copyright protection term expires.

Thus, this song will be protected for the life of the author and 50 years after the year of the author’s death; in the case of a work with co-authors, the term of protection terminates in the fiftieth year after the year of death of the last co-author.

Procedure to register music copyright?

According to the provisions of the Intellectual Property Law 2005. Procedures and registration time are as follows:

List of copyright registration dossiers:
a) Declaration of copyright registration

b) 02 copies of the work registered for copyright.

01 copy is kept at the Copyright Office, 01 copy is stamped with the registration certificate number and returned to the holder of the registration certificate.

For works with particular characteristics such as paintings, statues, monuments, reliefs, monumental paintings associated with architectural works; works that are too large and bulky, the registered copy of the work is replaced by a three-dimensional photograph.

c) Power of attorney, if the applicant is an authorized person;

d) Documents evidencing the right to file, if the applicant enjoys that right of another person through inheritance, transfer or inheritance;

dd) Written consent of co-authors if the work has co-authors;

e) Written consent of the co-owners, if the copyright and related rights are jointly owned.

Documents specified at points c, d, dd and e must be made in Vietnamese; if it is done in a foreign language, it must be translated into Vietnamese and notarized/certified. The documents enclosed with the dossiers, if they are copies, must be notarized or authenticated.

Time limit for carrying out procedures for copyright registration

Within 15 working days from the date of receipt of a valid dossier, the Copyright Office shall be responsible for granting a certificate of copyright registration, a certificate of registration of related rights (hereinafter referred to as the Copyright Office certification) to the applicant. In case of refusal, the Copyright Office must notify in writing the applicant.

Is it possible to use the published wooden interior design sample work without paying?

Article 25 of the Law on Intellectual Property provides as follows:

“Article 25. Cases of using published works without asking for permission, not having to pay royalties or remunerations.

1. The use cases of published works without asking for permission, without paying royalties and remunerations include:

a) Self-reproducing one copy for the purpose of personal scientific research or teaching;

b) Reasonably cite the work without misleading the author for commenting or illustrating in his work;

c) Quoting works without falsifying the author’s intention to write newspapers, use in periodical publications, in radio and television programs, and documentaries;

d) Quoting works for teaching in schools without falsifying the author’s intention, without commercial purposes;

e) Copying works for archiving in libraries for research purposes;

f) Performing theatrical works, other types of art performances in cultural activities, propaganda, and promotion without collecting money in any form;

g) Recording, recording live performances for news reporting or for teaching;

h) Taking pictures and broadcasting visual, architectural, photographic and applied artworks displayed in public places in order to introduce images of such works;

i) Translating works into Braille or other languages ​​for the visually impaired;

k) Importing copies of other people’s works for private use.

2. Organizations and individuals that use the works specified in Clause 1 of this Article must not affect the normal exploitation of the works, or prejudice the rights of the authors and copyright holders; must provide information on the author’s name and the origin and origin of the work.
3. The provisions at Points a and dd Clause 1 of this Article do not apply to architectural works, visual works and computer programs.”

Thus, you can use the published wooden interior design work without asking for permission, without paying royalties or remuneration in case the wooden interior design is a work of applied art.

What are the bases for calculating royalties and remuneration?

Currently, there are two bases for determining royalties and remuneration:

Firstly, according to the Table of royalties, remuneration, and material benefits.

This level table is developed by an organization representing copyright and related rights; in the cases specified in Clause 3, Article 20, Clause 4, Article 29, Clause 2, Article 30; Clause 2, Article 31 of the 2005 Law on Intellectual Property as amended in 2009. Specifically:

– Publish the work or authorize others to publish the work;

• Making derivative works;
• Performing works in public;

– Copying works;

– Distributing or importing originals or copies of works; Communicating works to the public by means of wireline, radio, and electronic information networks; or any other technical means;

– Renting originals or copies of cinematographic works and computer programs;

– Shaping your live performance on audio or video recordings;

– Direct copying; or indirectly his performance has been fixed on phonograms or video recordings;

– Broadcast or otherwise transmit to the public its unfixed performance accessible to the public; except where such performance is for broadcasting purposes;

– Distributing to the public the original and copies of their performances through the form of sale or rental; or distributed by any technical means accessible to the public;

– Sound and video recordings are distributed to the public;

Broadcasting programs are recorded, videotaped and distributed to the public.

The Copyright Collective Representative Organization is a non-profit organization run by authors; Copyright holders agree to establish and operate in accordance with law to protect copyright. Activities of this organization as authorized by the author; copyright holders, related rights holders.

Secondly, by agreement. Organizations and individuals exploiting and using works, performances, phonograms and video recordings; broadcasting programs and organizations representing collective copyrights; Related rights are responsible for agreeing on the amount of royalties and remuneration; material benefits and payment method (Clause 3, Article 43 of Decree 22/2018/ND-CP).

Related article:

• Regulations on copyright for musical works in the digital environment in Vietnam
• Term of copyright protection for foreign work
• Acts of infringing copyright on musical works

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