Copyright registration is optional. However, legally when performing this procedure, you will receive many guaranteed benefits. Copyright registration will help individuals and organizations actively protect their works from infringement of the works they create. Through the registration of copyright and being granted a protection title, the owner has created a solid legal basis if there is a dispute about copyright. Especially for musical works in the current situation. To better understand the issue of Music Copyright Registration, please read the following article of Lawyer X.
Legal grounds
Law on Intellectual Property – Consolidated Document 07/VBHN-VPQH 2019
What is music copyright registration?
Copyright registration of a musical work means that the author or the owner of a work submits a registration dossier to the Copyright Office to obtain a copyright registration certificate, thereby affirming his/her rights to the copyright of a musical work. musical works created by them and at the same time help prevent any copyright infringement on musical works.
According to the usual concept, we can simply understand “musical work” which is essentially a piece of music or the musical structure of a piece of music. A complete musical work is usually combined by three elements: melody, harmony, and rhythm.
Authors of musical works are usually musicians, who have expertise and knowledge in the field of music (composers).
Why register music copyright?
In Vietnam, according to the provisions of the Intellectual Property Law, musical works will exist in material form. This means that the work will be automatically protected when the author creates the work and makes the work public. However, the occurrence of copyright disputes or the “stealing” of copyright is not uncommon in Vietnam, when a dispute occurs, proving who is the owner of a work is usually based on the author, the owner of the work. Is the work copyrighted or not?
A copyright registration certificate is usually the first document to be referred to when there is a dispute about the owner of the work. Therefore, the registration of copyright of musical works is optional, but essential for authors and owners to protect their property.
In addition, when the work is registered, allowing a third party to use or transfer the work to another owner will be convenient and create an absolute trust for the user or transferee.
How to register music copyright?
Music copyright registration file
To carry out this copyright registration procedure. You need to prepare 01 set of documents in accordance with current law. Specifically:
-A copyright application filed by the copyright owner; or a copyright representative organization to draft, sign and seal;
- 02 CDs of song recordings; or printed on A4 Paper with lyrics & music signed & stamped by the owner;
- Author’s guarantees that the song was created by the author himself. Do not copy from any individual/organization
- Deciding to assign work to employees to compose songs (in case the author is an employee of the company); or a contract to rent work in the case of hiring a third party to compose
- 01 copy of the author’s identity card/identity card/passport
- 01 copy of identity card/identity card/passport (individual); or song owner business registration certificate (legal entity)
- Authorization contract in case of using song copyright registration service
Procedure for registration of music copyright
Step 1: Submit your application
This copyright registration dossier can be filed in two forms: directly at the Copyright Office with its head office in Hanoi; or 02 representative offices of the Department in Hanoi and Da Nang or submit by post.
Step 2: Receive and process the application
The dossier will be monitored after the submission area to promptly supplement or amend the dossier (if any). At the request of the application appraiser
Step 3: Return the result
After the application for registration is duly accepted. The registry will issue a certificate of registration to the owner. In order to be able to receive a registration certificate, it is necessary to pay the cost to issue and receive the certificate.
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
Frequently asked questions
Copyright automatically forms from the moment the work is fixed in a certain material form. Regardless of whether the work is published or unpublished, registered or unregistered.
Fees for registration of copyright of musical works and songs in Vietnam. Includes costs to be paid to government agencies and service costs. In case the owner authorizes a copyright representative organization to file an application for song copyright on behalf of the owner.
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