Regulations on copyright for musical works in the digital environment in Vietnam

In the digital age, piracy is increasingly rampant. Copying and stealing works on the internet happens often. Over the years, musical works in the digital music environment have been violated a lot. Vietnamese law has also provided for this issue. So, what is the copyright regulation for musical works in the digital environment in Vietnam? Let’s find out with us.

Legal grounds

Decree 22/2018/ND-CP

Intellectual property law

What is copyright in a musical work?

Article 10 of Decree 22/2018/ND-CP stipulates musical works as follows: A musical work is a work expressed in the form of musical notes or other musical characters; or fixed on a musical instrument. sound or video recording with or without lyrics, whether performed or not.

The concept of copyright has become a popular and uniformly applied concept when clearly and concisely recorded in Clause 2, Article 4 of the 2005 Intellectual Property Law, amended; and supplemented in 2005 2009, 2019: “Copyright is the right of an organization or individual to a work created or owned by them”. In which, organizations and individuals whose works are protected by copyright include the person who directly creates the work; and the copyright owner as defined in Clause 1, Article 13 of the 2005 Intellectual Property Law revised and supplemented in 2009, 2019.

According to the revised Intellectual Property Law in 2019, in Clause 1, Article 3 on the subject matter of intellectual property rights; it has been determined: “The subject matter of copyright includes literary, artistic and scientific works; Copyright-related right objects include performances, sound recordings, video recordings, broadcasts, encrypted program-carrying satellite signals”.

We can understand that “Copyright over musical works” is the limit; and scope of rights of the owner/author to the protected musical work according to the provisions of Vietnamese law.

Regulations on copyright for musical works in the digital environment?

Digital environment in the most general sense refers to all combinations of external factors; covering a system of signal types and data formats based on digital, in binary form with units of bit; uses two characters to represent a numeric value “0” and “1”, based on the sum of powers of 2, to format the signal and data types described in bits. They act on this system and determine its trend and condition.

Vietnamese law also stipulates a specific group of infringing acts in the Internet environment, which are: Deliberately canceling; or invalidating technical measures taken by copyright holders to protect copyrights of copyright owners with his work; Manufacture, assemble, transform, distribute, import, export, sell or lease equipment knowing; or having grounds to know it nullifies the technical measures taken by the copyright owner taken to protect the copyright of their work; Deliberately deleting or changing management information in electronic form contained in the work.

It can be seen that the Law on Intellectual Property has quite enough provisions to have a basis for determining copyright infringement. These are acts that seriously affect the entertainment industry in general and musical works in particular. Although there are regulations on handling violations for infringing acts, in reality; there are still many difficulties because life on the Internet is extremely complicated, detecting violations is not easy.

Is copyright for musical works in the digital environment protected?

The exploitation and use must always be associated with protection. Especially for the issue of copyright protection for musical works in the current digital environment, there is a need for adequate and effective protection.

Approaching from a scientific perspective can provide an understanding of copyright protection for musical works in the digital environment, which is the promulgation of legal regulations by the State; creating a legal basis for copyright protection establish, recognize and protect the legitimate rights and interests of organizations; and individuals with respect to musical works they create in the digital environment. This includes the establishment and recognition of copyright for musical works, management, use; and exploitation of copyright in musical works and copyright protection for music works music products against digital encroachment.

In order to be able to protect copyright in the digital environment, the measures to protect intellectual property rights specified in the fifth part of the 2005 Intellectual Property Law amended and supplemented in 2009 and 2019 can be used. .

Accordingly, the following measures are taken:

• Self-protection measures
• Civil remedies
• Administrative measures
• Criminal measures
• Depending on the infringement, you may consider applying appropriate protection measures.

Causes of copyright infringement in the digital environment

Firstly, it must be mentioned that the development of science and technology is favorable for converting, storing and copying.

Secondly, the current management agency for registration, protection and handling of copyright infringement activities is not really effective. Our law governs well, but its feasibility is limited. The decentralization of authority to agencies is sometimes overlapping and disjointed.

Third, people’s social awareness is still not high. The reason is partly due to the fact that our socio-economic conditions, in difficult economic periods, the socio-economic conditions of each people are low, but the demand for culture and society is still there. . However, financial conditions cannot be met.

Fourth, sometimes we want to use it legally, want to ask for permission but don’t know who to ask for permission, can’t find who is the copyright owner?

Fifth, regulations on fees and negotiation in our law are still open. Depending on the author’s reputation level, the fee can be very low or very high. This makes trespassing a lot.

Solutions to improve the effectiveness of copyright protection in the digital environment

Solutions to improve the effectiveness of copyright protection in the digital environment

From the authorities, it is necessary to have appropriate and strict policies and mechanisms to protect the legitimate interests of creators, so that creative activities can be encouraged.

From the public’s point of view, there should be a sense of respect for the creative work of others. It is necessary to form a mentality of respecting copyright when using and exploiting other people’s works, considering the payment of royalties as a natural obligation to perform.

Only then can we think of a healthy copyright market, creating a foundation for deeper and broader integration with the world and avoiding unnecessary losses.

Related article:

• Vietnamese law on copyright protection for journalistic works
• What does a logo copyright registration file include in Vietnam?
• Re-issuance of copyright registration certificate for foreign works

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