Be cautious when negotiating music copyright agreements.

SGGP 17/11/2023 06:51

The transfer of rights (exclusive use rights) and the sale of copyrights (outright sale of works) are always hot topics of concern for many artists and authors. Especially amidst the rapid development of the internet, digital platforms, and social media, music copyright infringement in Vietnam is becoming increasingly complex.

A view of the VCPMC 2023 Music Copyright Workshop.

Understanding the concept of "selling" a work outright.

At the VCPMC 2023 Music Copyright Workshop recently held in Ho Chi Minh City, Mr. Hoang Van Binh, Deputy General Director of the Vietnam Copyright Protection Center for Music (VCPMC), stated that during the process of working with VCPMC member authors and musicians, especially in providing legal advice, the center has noticed that the most frequently discussed issue is the outright sale and transfer of copyright.

“The essence of copyright is author's rights and related rights. The issue of exclusivity requires extreme caution; if artists and musicians are not familiar with legal regulations, they should contact relevant organizations for advice. Regarding the outright sale of copyright, if the work is newly created and not yet widely distributed, the transfer involves all property rights, including the right to publish the work and moral rights. The musician retains their name as usual but loses all rights to the property. If the transfer occurs when the work is already established, the rights to publication will be more strictly defined; the musician retains some normal rights, only losing rights to the property and the benefits derived from it. Musicians and creators need to be aware of and clearly identify the different forms of copyright transfer,” Mr. Binh analyzed.

Copyright transfer is not only a hot topic in the Vietnamese market but also a pressing issue in many countries around the world .

Benjamin Ng, Director of the Asia-Pacific region of the International Confederation of Copyright and Composers' Organizations (CISAC), stated that the prevalence of "outright sale" clauses in the US and Southeast Asian countries has posed numerous challenges for creators. Some countries have implemented regulations against "outright sale," fighting against companies and individuals who intentionally exploit this practice in order to find reasonable solutions to address the issue.

Benjamin said: “In many cases, musicians, due to a lack of understanding, have inadvertently sold their works when signing certain related documents, thus failing to benefit from the works they created. We are working with many other countries to support young musicians in learning how to protect their copyrights and understand the potential consequences of ‘selling’ their works outright.”

Understanding your rights is key to avoiding losing them.

With the rapid development of the internet, digital platforms, and social networks, everyone can now participate in online music activities, from creation and performance to publishing their works. Social networks provide artists and authors with new and diverse ways to reach audiences. Platforms like TikTok, Facebook's Reels feature, and Instagram have undeniably contributed to the spread of Vietnamese music. These platforms and features have brought songs like "See Tình" (Hoàng Thùy Linh), "Hai Phút Hơn" (Pháo), "Bước Qua Nhau" (Thái Vũ), and numerous other Vietnamese songs to audiences both domestically and internationally. In fact, many artists, songwriters, and music producers have already developed strategies to spread their songs through these platforms.

Mr. Dinh Trung Can, Director of VCPMC, believes that the development trend of digital technology has both positive and negative impacts on the music industry. The public's right to enjoy music has also achieved certain benefits due to the interactive and connecting advantages of social networks.

He raised the issue of how the legitimate rights and interests of musicians, creators, and artists should be "compensated" within this entire interconnected and resonant relationship. In reality, the unauthorized use of songs on social media is widespread, with many people exploiting it for profit and advertising while ignoring copyright issues.

Mr. Hoang Van Binh stated that VCPMC has reached an agreement regarding the use of music on Meta, but the reason for the unfair distribution of profits is due to data issues. “There is a lack of the latest updates, therefore authors need to work specifically with VCPMC. Musicians and creative professionals need to pay more attention to trends, platforms, and better understand copyright laws. Because of this lack of understanding, many misunderstandings regarding the transfer and assignment of rights have arisen during the agreement process. Understanding rights is crucial to avoid losing control over one's own work,” Mr. Binh shared.

Technology is an undeniable factor. All technological advancements bring both new opportunities and challenges. Protecting copyrights and the ecosystem of musical works in cyberspace is a crucial priority from the outset. Being open to social media while simultaneously being cautious about legal issues is an important and harmonious step in protecting and exploiting musical products – one of the factors driving the development of Vietnam's cultural industry.

Source: https://www.sggp.org.vn/can-trong-khi-thoa-thuan-ban-quyen-am-nhac-post714475.html