Copyright determines sustainability in artistic creation and performance

The creative and performing arts sector is facing high demands for copyright protection for artists and works. From stage, music to online programs... the issue of intellectual property protection has become a key factor, deciding the path of sustainable development in the digital age.

The creative and performing arts industry is facing a major copyright challenge.

Copyright infringement is increasingly common in the digital environment.

Before going into the specific situation, it can be seen that current creative and performing arts activities are the measure of the creative capacity and professionalism of a culture. Each work and program reflects the elaborate investment of artists, producers and organizers.

However, behind the brilliant halo, there are still many shortcomings in the management mechanism, the rights of performers and especially the copyright issue - the decisive factor for the field to truly become a potential, sustainable creative industry with long-term economic and cultural value.

According to the Vietnam Center for Music Copyright Protection (VCPMC), in 2024, the total amount of money collected from using music copyright will be about 393 billion VND, of which about 78% will come from digital platforms (web/app/digital music).

According to data from the Department of Performing Arts (Ministry of Culture, Sports and Tourism), as of December 10, 2024, 10/12 central art units have organized about 3,801 performances with an estimated budget from ticketed performances reaching nearly 104 billion VND; 43/63 provincial/municipal Departments of Culture, Sports and Tourism organized about 7,114 performances, with the budget from ticketed performances (according to 24 reporting units) reaching more than 20 billion VND.

Delegates attended a workshop on the role of copyright protection in the development of some cultural industrial sectors.

In the context of the country's culture and arts scene changing strongly with the digitalization trend, performing arts activities, from traditional stages to live music and entertainment programs, have truly become a land of creativity, exchange and challenge.

In fact, many artists and units still have to deal with copyright issues. Currently, performing arts activities in Vietnam are very diverse: from traditional theatrical forms such as: tuong, cheo, cai luong, drama; to live music, concerts, entertainment programs, variety shows, and television shows.

According to the provisions of Decree 79/2012/ND-CP, performing arts is understood as "the live performance of a program, act, or play in front of the public by a performer". Performers, singers, actors, musicians, dancers, etc. are subjects whose related rights are protected by law under the Law on Intellectual Property.

According to statistics, the main problems focus on groups of issues, including: although performance programs attract large audiences, they do not always have a clear mechanism for calculating remuneration and protecting the rights of performers; infrastructure for artists in remote areas or traditional forms is still weak; the performance environment is sometimes "inferior" when faced with easily accessible and highly commercial forms of entertainment.

A panel discussion to raise awareness of copyright in cyberspace for students.

In addition, with the popularity of the internet, digital platforms, livestreams, online programs, etc., performing arts activities are changing rapidly. Social networks, content publishing apps, and online shows open up vast opportunities for both artists and audiences.

From another perspective, the digital environment also poses a big challenge when copyright infringement is more likely to occur (illegal recording, broadcasting, using works without permission); payment of copyright fees is still not transparent, artists do not clearly understand how much they receive from digital content. In other words, technology opens up a big way for performances, but also creates many difficulties in management, protection and sustainable development.

People's Artist Nguyen Xuan Bac.

Sharing about this urgent story, People's Artist Nguyen Xuan Bac, Director of the Department of Performing Arts (Ministry of Culture, Sports and Tourism), emphasized: In addition to propaganda work and educating young people about copyright respect, society really needs more clear legal corridors with enough deterrence to prevent copyright infringement in cyberspace.

Nowadays, copyright awareness is better than before, but infringement is still common. Besides intentional acts, many people also violate because of convenience, free or lack of knowledge.

According to People's Artist Nguyen Xuan Bac, in the digital age, copyright infringement comes not only from illegal content providers but also from users - the product consumers. Therefore, building a synchronous legal mechanism and clearly assigning responsibilities to both sides is necessary to raise public awareness and protect fairness for creators.

Ensuring protection mechanisms towards sustainability

According to the Copyright Office (Ministry of Culture, Sports and Tourism), the main acts of infringement of performers' related rights include: Copying, merging, broadcasting, distributing audio/video recordings without permission; changing rights management information; impersonating performers...

The Law on Intellectual Property also stipulates: The right to perform a work in public is a property right of the author, and others who want to perform the work must ask for permission and pay royalties, except in cases where the performance is not for commercial purposes according to the regulations.

Raising awareness of copyright and related rights was emphasized at many seminars, including a series of seminars on copyright protection in the development of cultural industries, performing arts, fine arts, and photography, held in Hai Phong in 2024. The copyright management system in Vietnam, such as the Vietnam Music Copyright Protection Center, has signed cooperation agreements with international organizations, representing thousands of authors and copyright owners, and handling many infringement cases.

The performing arts industry is facing a high risk of copyright infringement.

Besides the efforts, there are still major problems that need to be resolved soon: Sanctions for violations are not really deterrent in the digital environment; awareness of implementing organizations and audiences is sometimes not high; transparent mechanisms for sharing revenue from digital content with artists are not clear.

For performing arts to truly become a sustainable creative industry, it is necessary to synchronously address the following issues: modern management, clear rights protection, and fair treatment of performers.

It can be understood that sustainable development here is not just about continuing to perform but also continuing to contribute with the right value when the audience is approached, the artist is protected, and creativity is encouraged. Only when artists feel that their efforts are respected and their rights are protected, will they feel secure in composing, performing, and innovating.

Performance environments - stages, tea rooms, live shows, digitalization... also need appropriate business and management models such as issuing electronic tickets, legal recording, copyrighted livestreaming, using paid platforms, and transparent revenue sharing.

In addition, the role of the State, the cultural sector, copyright management organizations and artists themselves is also very important in orienting the dissemination of knowledge, supporting training, managing copyright data, applying technology to monitor, distribute rights and quickly handle violations.

Director of the Copyright Office Tran Hoang.

Mr. Tran Hoang, Director of the Copyright Office, commented: It is necessary to have an enforcement strategy suitable for each period, with focus and key points. In the current context, the enforcement strategy needs to focus on enforcement in the digital environment, such as: Communicating to target groups in an appropriate and attractive way; improving the capacity of law enforcement forces, especially in the digital environment; building a long-term strategy, combining propaganda, education and technology application; enhancing the application of technology in copyright management, handling copyright violations, especially in the digital environment. Only when copyright law is strictly enforced, will the law come into life and play its role in promoting creativity and socio-economic development."

Creativity-performance-copyright-sustainable development are the connecting links. If creativity and performance bring about magnificent, brilliant moments on stage but the rights and interests of performers are forgotten, copyright is violated, and income is unclear, then that brilliance will be difficult to last and difficult to bring true value.

Artistic creation and performance itself is always the voice of the human soul and mind. But to protect the value of those voices, it is necessary to have a cultural ecosystem that respects and protects copyright, creating conditions for this field to become a powerful resource. When artists are protected in their professional work, and are paid fairly for their efforts and ideas, they will dare to go further, renew themselves, and contribute to enriching the national cultural landscape.

THUY PHUONG

Source: https://nhandan.vn/ban-quyen-quyet-dinh-su-ben-vung-trong-sang-tao-va-bieu-dien-nghe-thuat-post918655.html