Eliminate the problem of copyright infringement.

(PLVN) - Every musical work is the culmination of the creative labor, time, money, and emotions of its creator. Therefore, the unauthorized use of another person's songs, recordings, or performances for commercial exploitation is not only a violation of the law but also demonstrates a lack of ethics. Without a healthy artistic environment built on kindness, transparency, and respect for creative rights, the cultural industry can hardly develop.

The digital music market and the race to exploit it regardless of the law.

In recent days, public attention has been particularly drawn to the Ministry of Public Security's initiation of criminal proceedings in five cases related to "infringement of copyright and related rights" in the fields of music and digital content. This shows that copyright infringement in Vietnam is no longer a minor issue, but has become a serious problem, causing significant damage to creators and the cultural industry.

On his personal page, musician Nguyen Van Chung stated that he is no stranger to intellectual property infringement and profit losses from his works, starting around 2008 in the ringtone industry. He recounted a shocking experience when he discovered that one of his "hit" songs generated approximately 1.7 billion VND in revenue from mobile network operators, but he was not the one who directly received the money. When he questioned the relevant team, the musician said he only received a vague response and a "support" payment of about 20 million VND.

Meanwhile, musician Huy Tuan shared his experience of discovering that his songs were being exploited extensively everywhere, yet no revenue was going into the author's pocket. In 2021, musician Giang Son was penalized by YouTube for copyright infringement of her own composition, the song "Giấc mơ trưa" (Midday Dream). The musician stated that she had created the YouTube channel "Giáng Sol Offical" to share all her old and new songs with everyone, but when she uploaded "Giấc mơ trưa," BH Media unexpectedly issued a copyright strike through YouTube. According to the female musician, she uploaded "Giấc mơ trưa," which she produced, from her album "Giáng Son" (2007). This means that all the arrangements and audio versions are her own; she had never signed a contract to sell or transfer the song to any other entity…

According to Vietnamese intellectual property law, musical works are protected by copyright from the moment they are created and expressed in a tangible form, regardless of whether they have been registered or not.

Copyright comprises moral rights and property rights. Property rights allow the author or owner to decide how to copy, perform, distribute, and communicate the work to the public, and to benefit economically from that work. In addition to copyright, the law also protects "related rights," including the rights of performing singers, producers of sound and video recordings, and broadcasting organizations.

This means that when a song is commercially exploited, it involves many different copyright holders. Unauthorized use without permission or without paying royalties can be considered a violation of the law.

According to current regulations, copyright and related rights infringements can be handled in three forms: administrative, civil, and criminal. At a minor level, infringing individuals or organizations may face administrative penalties, be required to remove the infringing content, issue a public apology, and compensate for damages. However, if the infringement is large-scale, results in significant illicit gains, or causes serious damage, the infringer may be subject to criminal prosecution under the 2015 Penal Code (amended and supplemented in 2017).

The fact that the Ministry of Public Security is prosecuting multiple cases simultaneously shows that the authorities are sending a strong message: Copyright infringement is no longer a "simple civil offense," but can become a criminal offense.

The cultural industry cannot develop if copyright is disregarded.

According to Associate Professor Bui Hoai Son, a full-time member of the National Assembly's Committee on Culture and Education, protecting copyrights of works is a prerequisite for the cultural industry to break through. Copyright is an asset of the creative economy, a core value. When copyrights are protected, the creative economy is prioritized, given attention and investment, and a legal framework is created to pave the way for the creative economy to thrive.

But to achieve that, we must first build an environment that respects intellectual property rights. A musician will find it difficult to fully dedicate themselves to creativity if their work is constantly being used illegally. A singer will find it difficult to invest seriously in their music if revenue is lost due to rampant copying. And legitimate businesses will also suffer if they have to compete with entities that profit by "illegally" using other people's intellectual property.

Composer Duong Cam assessed that the prosecution of these five criminal cases is a necessary "boost," marking a turning point for Vietnam's cultural industry. "This is perhaps a major 'boost' to usher in a transformation of the country's cultural industry. When IP (intellectual property) is considered an asset and is strictly protected by law," composer Duong Cam emphasized.

Furthermore, in the arts, copyright is not just a legal issue but also reflects professional ethics and how artists treat their colleagues and audiences. Unauthorized use of another person's songs, recordings, or performances for commercial exploitation is not only a violation of the law but also demonstrates a lack of respect for the hard work of colleagues.

A professional music industry cannot survive on intellectual property theft. Respecting copyright is not only a legal obligation, but also a measure of social civilization and a prerequisite for the healthy development and international integration of Vietnam's cultural industry.

Source: https://baophapluat.vn/dep-van-nan-vi-pham-quyen-tac-gia.html