Register song copyright in Vietnam

Hi Lawyer, Can you tell me about copyright registration of songs? I would like to sincerely thank the lawyer who answered for me.

Thank you for sending us your question. Nowadays, many songs in Vietnam are blatantly pirated, causing a lot of frustration in public opinion. From those unexpected events, many people in the songwriting world decided to be more serious about copyrighting their songs to avoid plagiarism. So the question is, according to the law, how to register song copyright?

To answer the question of how to register a song copyright? LuatsuX invites you to refer to our article below.

Legal grounds

Law on Intellectual Property 2005, amended and supplemented in 2009, 2019
Circular No. 08/2016/QD-BVHTT
Decree No. 22/2018/ND-CP
Circular No. 211/2016/TT-BTC

Regulations on authors whose works are protected by copyright in Vietnam

According to the provisions of Article 13 of the Intellectual Property Law 2005, amended and supplemented in 2009, 2019 provides for authors and copyright holders whose works are protected by copyright as follows:

Organizations and individuals whose works are protected by copyright include the person who directly creates the work and the copyright owner specified in Articles 37 to 42 of this Law.

Authors and copyright holders specified in Clause 1, Article 13 include Vietnamese organizations and individuals; a foreign organization or individual whose work is published for the first time in Vietnam but has not been published in any other country or is simultaneously published in Vietnam within thirty days from the date on which the work is published. that is published for the first time in another country; foreign organizations and individuals whose works are protected in Vietnam under international treaties on copyright to which the Socialist Republic of Vietnam is a signatory.

Types of works protected by copyright in Vietnam

According to the provisions of Article 14 of the Law on Intellectual Property 2005, amended and supplemented in 2009, 2019 provides for the types of works protected by copyright. as follows:

Protected literary, artistic and scientific works include:

Literary and scientific works, textbooks, textbooks and other works expressed in writing or other characters;
Lectures, speeches and other speeches;
Press works;
Musical works;
Theater works;
Cinematographic works and works created by a similar method (hereinafter referred to as cinematographic works);
Visual and applied art works;
Photographic works;
Architectural works;
Maps, diagrams, maps, drawings related to topography, architecture, scientific works;
Literary and folk art works;
Computer program, data collection.

– Derivative works are only protected according to the provisions of Clause 1 of this Article if they do not prejudice the copyright of the work used to make derivative works.

– Protected works specified in Clauses 1 and 2 of this Article must be directly created by the author with his or her own intellectual labor, without copying from another person’s work.

If copyright is protected, what rights do copyright owners have?

According to Article 18 of the 2005 Intellectual Property Law, amended and supplemented in 2009, 2019 stipulates: Copyright in works specified in the Intellectual Property Law includes moral rights and property rights.

Personal rights:

Moral rights include the following rights:

– Name the work;

– Put your real name or pseudonym on the work; be given a real name or a pseudonym when the work is published or used;

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

Protect the integrity of the work, not allowing others to modify, mutilate or distort the work in any way that is detrimental to the honor and reputation of the author.

Property rights:

Property rights include the following rights:

Making derivative works;
Performing works in public;
Copy the work;
Distributing or importing originals or copies of works;
Communicating the work to the public by means of wireline, radio, electronic information networks or any other technical means;
Renting originals or copies of cinematographic works and computer programs.
– The rights specified in Clause 1, Article 20 shall be exclusively exercised by the author or copyright holder or permitted by others in accordance with the provisions of the Intellectual Property Law.

Organizations and individuals, when exploiting and using one, several or all of the rights specified in Clause 1, Article 20 and Clause 3, Article 19 of the Intellectual Property Law, must seek permission and pay royalties and remunerations. , other material rights to copyright holders.

How to register song copyright?

Registering song copyright is the act of registering your song’s copyright. The following is the procedure for copyright registration in Vietnam in 2022.

Dossier composition: Number of dossiers: 01 set, including:

• Declaration of copyright registration (Form No. 01 issued under Circular No. 08/2016/TT-BVHTTDL dated July 2, 2016 of the Minister of Culture, Sports and Tourism) (01 copy)
• Copies of works registered for copyright (2 copies)

• Power of attorney (if the applicant is an authorized person) (01 copy)
• Documents proving the right to file an application (if the applicant enjoys that right of another person due to inheritance, transfer, or inheritance) (01 copy)

• Written consent of the co-authors (if the work has co-authors) (1 copy)
• Written consent of the co-owners (if the copyright is jointly owned) (1 copy)

Method of implementation: Submit in person or send by post to the Department of Receiving and Returning the results of administrative procedures. Address: Copyright Office

No. 33, lane 294/2 Kim Ma, Ba Dinh, Hanoi
No. 170 Nguyen Dinh Chieu, District 3, Ho Chi Minh City
No. 01 An Nhon 7 Street, Son Tra District, Da Nang City
Order of implementation: Organizations and individuals submit all documents at the Department of Receiving and Returning results of administrative procedures of the Copyright Office. Receive settlement results at the Receipt and Return of the results of administrative procedures of the Copyright Office according to the prescribed time.

Processing time: 15 working days.

Fee: 100,000 VND (for musical works).

Term of copyright protection for songs in Vietnam

According to the provisions of Article 27 of the 2005 Intellectual Property Law, as amended in 2009, 2019 provides for the term of copyright protection as follows:

– Moral rights specified in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law are protected indefinitely.

• Moral rights specified in Clause 3, Article 19 and property rights specified in Article 20 of the Intellectual Property Law have the following term of protection:

Cinematographic works, photographic works, applied arts, anonymous works have a term of protection of seventy-five years from the time the work is first published; for cinematographic, photographic or applied art works that have not been published within twenty-five years from the time the work is fixed, the term of protection is one hundred years from the time the work is published. shape; for anonymous works, when information about the author appears, the term of protection shall be calculated according to the provisions of point b of this clause;
Works other than those specified at Point a, Clause 2, 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;
The term of protection specified at Points a and b, Clause 2 ends at 24 o’clock on December 31 of the year where the copyright protection term ends.
Thus, through the above provisions, we know that a song will be protected during the life of the author and the next fifty years after the author’s death; In the case of a song with a co-author, the term of protection ends in the fiftieth year after the year the last co-author dies (ie at 24 o’clock on December 31 of the year in which the copyright term expires author).

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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