Be careful when negotiating music copyrights

SGGP November 17, 2023 06:51

The transfer of rights (exclusive use) and transfer of rights (selling works outright) is always a hot issue that many artists and authors are interested in. Especially, amid the development of the internet, digital platforms, and social networks, music copyright infringement in Vietnam is becoming increasingly complicated.

VCPMC 2023 Music Copyright Workshop Scene

Understanding "selling out" your work

At the VCPMC 2023 Music Copyright Conference held in Ho Chi Minh City recently, Mr. Hoang Van Binh, Deputy General Director of the Vietnam Center for Music Copyright Protection (VCPMC), said that in the process of accompanying VCPMC members, especially when providing legal advice, the center found that the most mentioned issue was the outright sale and transfer of copyright.

“The nature of copyright is authorship and related rights. The issue of monopoly requires extreme caution. If artists and musicians are not familiar with the legal regulations, they need to contact relevant organizations for advice. Regarding the sale of copyright, if the newly created work is not yet popular, the transfer is all property rights, including the right to publish the work and personal rights. The musician is still entitled to have his name on it as usual but loses all rights to the property. In the case where the work has been formed and then transferred, the right to publish will be stricter, the musician still retains some normal rights, only loses the right to the property and benefits from it. Musicians and creators need to pay attention and more clearly identify the forms of copyright transfer,” Mr. Binh analyzed.

Copyright transfer activities are not only hot in the Vietnamese market but also a painful issue in many countries around the world .

Mr. Benjamin Ng, Director of the Asia- Pacific region of the International Confederation of Societies of Authors and Composers (CISAC), said that the prevalence of “sell-out” clauses in the US or Southeast Asian countries has been posing many challenges to creators. Some countries have regulations against “sell-out”, fighting against companies and individuals who intentionally profiteering to find reasonable solutions to solve this problem.

“In many cases, musicians, due to lack of understanding, when signing some related documents, accidentally sell their works and do not benefit from their own works. We are working with many other countries to support young musicians to know how to protect copyright of their works, and to understand more about the potential consequences of “selling out”.

Understand rights so as not to lose them

With the strong development of the internet, digital platforms, and social networks, everyone can now participate in music activities on the internet, including from creating, performing, and publishing works. Social networks help artists and authors have new and diverse ways to reach audiences. The TikTok platform, Facebook's Reels feature, Instagram... have contributed to spreading Vietnamese music, which is undeniable. These platforms and features have brought songs such as See Tinh (Hoang Thuy Linh), Hai Phut Hon (Phao), Buoc Qua Nhau (Thai Vu)... and a series of Vietnamese songs to domestic and international audiences. In fact, many artists, musicians, and music producers have also developed strategies to spread songs through these platforms.

Mr. Dinh Trung Can, Director of VCPMC, said that the trend of digital technology development has both positive and negative impacts on the music industry. The public's enjoyment rights have also achieved certain effects due to the advantages of interaction and connection of social networks.

He raised the issue of how the legitimate rights and interests of musicians, creators, and artists will be "rewarded" in this entire relationship of resonance and connection. In fact, the situation of "freeloading" songs on social networks is common, many people take advantage of it to make profits and get advertising while "ignoring" the copyright issue.

Mr. Hoang Van Binh said that VCPMC has an agreement on using music on Meta, the reason for which profits have not been properly distributed is due to data issues. “There is no latest update, so authors need to work specifically with VCPMC. Musicians and creative people need to pay more attention to trends and platforms, and better understand copyright laws. Because of lack of understanding, many cases have arisen during the signing process of agreements about transferring rights and assigning rights. It is necessary to understand rights so as not to lose control of one's own work,” Mr. Binh shared.

Technology is an undeniable factor. All technological advances bring new opportunities and challenges. Protecting copyrights and the ecosystem of works in cyberspace is something that needs to be taken into consideration from the beginning. Being open to social networks, digital platforms need to be careful about legal issues... is an important and harmonious step in protecting and exploiting music products - one of the factors promoting the development of Vietnam's cultural industry.

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