VIOLATING COPYRIGHT CAN HAVE UNFORESEEN CONSEQUENCES.
The recent initiation of five cases by the Department of Investigation of Corruption, Economic Crimes, and Smuggling (C03) of the Ministry of Public Security regarding copyright infringement, as stipulated in Article 225 of the Penal Code, has brought the issue of copyright, especially music copyright, back into the spotlight. Many well-known artists have spoken out, complaining about other entities stealing their copyrights on digital platforms and being penalized for the very products they created.
The " Homecoming Day" live show by composer Pham Duy, held in 2006, was produced by Phuong Nam Film.
Photo: Phuong Nam Film
Take the case of the MTV group, for example. Singer Thien Vuong revealed that throughout their 26-year career, with hundreds of recorded songs and many hits on the market, their income came solely from live performances, not from digital platforms. He explained that when the group released songs and albums in physical form, they had to go through a distribution company. Later, when the group started re-uploading their songs on digital platforms and faced continuous copyright strikes for infringement, they discovered that the companies that had previously distributed MTV albums had independently sold the audio versions to digital distributors. Besides facing copyright strikes from the platforms and having to obtain whitelists (allowing users to use their own content without copyright infringement), they also lost a significant amount of revenue from digital platforms.
According to Ms. Phan Mong Thuy, Director of Phuong Nam Film and a member of the Executive Board of the Vietnam Recording Industry Association (RIAV), many current copyright disputes stem from a misunderstanding or incomplete understanding of the law. She noted that Vietnam's Intellectual Property Law has been continuously amended to suit real-life situations and align with international practices. However, it remains a complex field, and the public, users, and even those working in the industry may not fully understand their rights and responsibilities.
The live show "Tears Lull the Soul" features songs by Trịnh Công Sơn, produced by Phương Nam Film in 2007.
Photo: Phuong Nam Film
Regarding the consequences of neglecting copyright issues, Ms. Phan Mong Thuy stated that the risks lie not only in economic losses but also in direct impacts on personal reputation, corporate brand, and legal liability. In some serious cases, violations can even lead to criminal prosecution.
Meanwhile, lawyer Phan Vu Tuan (Phan Law Office), with years of experience pursuing copyright cases, observes that creators have not yet truly cared about or been aware of the importance of copyright, leading to three parallel consequences: economic losses, loss of trust among artists, and distortion of the creative environment. According to him, if artists do not pay adequate attention to their own creative works, it will be very difficult to build a professional and sustainable music environment.
DO NOT RULE THE PLATFORM'S REGULATIONS ABOVE THE LAW.
According to lawyer Phan Vu Tuan, for the music market to develop healthily, the first thing artists, producers, and organizers need to do is change their perspective on copyright issues. Content may be compliant with the platform's regulations but still violate Vietnamese law if it uses another person's work without permission or abuses intellectual property rights. Therefore, all activities related to buying, selling, licensing, or exploiting music must be carried out based on Vietnamese law. Regulations on large platforms like YouTube receive particular attention. He noted that many people are currently asking, "Is this right for YouTube?", while the more important question should be, "Is it in accordance with the law?".
Singer Thien Vuong revealed that MTV's music products were copyrighted by another company, resulting in his group being penalized for infringement of their own creations.
Photo: Provided by the interviewee
"YouTube's regulations are just the rules of the game for a platform. The most important thing is still Vietnamese law. It might be right for YouTube, but wrong according to Vietnamese law, so it's still wrong. Copyright is not just a digital issue or platform regulations, but a property right attached to the entire creative value of the artist," this lawyer emphasized.
Mr. Tuan analyzed that the root cause of most current disputes stems from poorly drafted contracts or contracts signed by creators without a clear understanding of the legal terms. Many artists and creators sign agreements for the transfer, exploitation, or distribution of their works without the support of professional consultants. Therefore, lawyer Tuan advises creators to change their mindset regarding the protection of their intellectual property, proactively seeking assistance from lawyers, experts, or specialized units such as the Vietnam Copyright Protection Center for Music (VCPMC) or the Copyright Office before signing any copyright-related contracts.
Furthermore, lawyer Phan Vu Tuan noted that Vietnam's current legal system is relatively compatible with international standards, given Vietnam's participation in treaties such as the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). Therefore, the issue no longer lies in the law itself, but rather in how to apply the law effectively, bringing it closer to artists and creative professionals through awareness campaigns, training, and practical guidance.
According to Ms. Phan Mong Thuy, in addition to copyright, the related rights of record producers and performers also need more attention. Currently, the Vietnam Recording Management and Exploitation Center, under RIAV, will represent members and authorized record owners to protect their related rights.
Source: https://thanhnien.vn/nghe-si-can-lam-gi-de-bao-ve-ban-quyen-am-nhac-185260521205809243.htm
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