According to BH Media, one of the songs blocked on YouTube is National Defense Army - Photo: Archive
Many revolutionary musical works from the album Soldier's Song Vol2, invested in and produced by the Youth Film Studio Center, were "blocked" from being released on the YouTube platform on the occasion of April 30.
BH Media - the unit authorized by the above center to manage the videos - sent a petition to a number of agencies, claiming that the Vietnam Center for Music Copyright Protection had obstructed the dissemination of the above works on digital platforms. The purpose was to require the video owner to pay additional royalties.
The Vietnam Center for Music Copyright Protection informed that they have filed a lawsuit against BH Media.
This is not the first time these two units have "collided" with each other.
BH Media and VCPMC "argue" again
BH Media argued that "The Vietnam Center for Music Copyright Protection received copyright money from YouTube by confirming the copy right (MR - Mechanical right) and the communication right (PR - Performing right) on the video and then distributing the money to the author".
Director of Vietnam Center for Music Copyright Protection VCPMC Dinh Trung Can - Photo: VCPMC
However, according to this unit, the Vietnam Center for Music Copyright Protection did not announce that it received MR money from YouTube, but only revealed that YouTube paid for PR.
"Copyright management units around the world such as GEMA (Germany), STIM (Sweden), PRS for Music (UK), SUISA (Switzerland)... signed contracts with YouTube similar to the Vietnam Center for Music Copyright Protection and will not block or takedown videos to pressure and force channel owners to pay more money like the Vietnam Center for Music Copyright Protection does," the unit added.
BH Media cited point a, clause 3, article 20 of the Law on Intellectual Property, copyright owners do not have the right to prohibit organizations and individuals from copying works just to exercise other rights as prescribed by this law.
For example, copying a video and posting it on YouTube is solely for the purpose of broadcasting the video (communicating the work) to an audience on YouTube.
"This collection method of the Vietnam Center for Music Copyright Protection has many shortcomings, overlapping fees, and is contrary to international practices," BH Media stated. Meanwhile, the Vietnam Center for Music Copyright Protection said that "BH Media misunderstood when it said that YouTube directly paid royalties to the Vietnam Center for Music Copyright Protection."
The Center argues that YouTube uses international terms such as PR and MR as the names of types of copyright property rights, "which are compatible with the provisions of Article 20 of the Vietnamese Intellectual Property Law," said a representative of the Vietnam Center for Music Copyright Protection.
"And the copyright usage fee that YouTube divides for PR and MR rights does not include the right to copy for synchronization to create audio recordings, video recordings or digital copies to make releases on YouTube," a representative of the Vietnam Center for Music Copyright Protection argued.
The Vietnam Center for Music Copyright Protection said that "copying works to post and release on online platforms such as YouTube, Facebook... does not fall under the case of 'copying to exercise other rights' as stipulated in Point a, Clause 3, Article 20, but is regulated by Clause 2, Article 20 of the Law on Intellectual Property.
Accordingly, the publisher and the platform owner are two independent entities, using different rights and subject to separate, independent obligations regarding copyright.
The Vietnam Center for Music Copyright Protection affirms that comparing organizations whose management scope does not have full types of copyright property rights with VCPMC is "wrong" and "misleading".
Speaking to Tuoi Tre , lawyer Phan Vu Tuan - vice president of the Ho Chi Minh City Intellectual Property Association - said that the above case has foreign elements (YouTube, followed by Google). When considering, it is necessary to prioritize the application of the provisions of international treaties, then national laws (here Vietnam and the US) for details.
According to the lawyer, during the process of the Vietnam Center for Music Copyright Protection uploading audio and video recordings to YouTube, three property rights are being used: the right to copy, the right to communicate, and the right to provide works.
Lawyer Phan Vu Tuan - Vice President of Ho Chi Minh City Intellectual Property Association
"Regarding the copyright stated in the regulations, all three rights belong exclusively to the author. When using all three of these rights, users must ask for permission and pay the author," said Mr. Tuan.
However, according to international regulations, the right to communicate works to the public is understood in a very broad sense, including the right to provide works.
If the user requests permission for the right to communicate and clarify the right to provide the work, then when communicating the work, it is no longer necessary to ask the author for permission to communicate the work.
According to Mr. Tuan, this principle is codified in the Vietnamese Intellectual Property Law at Point a, Clause 3, Article 20: "Copying works is only to exercise other rights as prescribed by this law".
"The fact that the Vietnam Center for Music Copyright Protection represents copyright owners in collecting money according to the provisions of Clause 2, Article 20 of the Law on Intellectual Property is reasonable.
And BH Media's understanding that the act of transmitting its work is in accordance with Clause 3, Article 20 of the Law on Intellectual Property to determine that the Vietnam Center for Music Copyright Protection is not allowed to prohibit the unit's copying process for the purpose of transmitting the work is an incomplete understanding," said Mr. Tuan.
He added that he "doesn't completely agree with the way the Vietnam Center for Music Copyright Protection collects, but each thing has its own story. Legally, they have the right to collect; BH Media is the user, they have to pay."
This incident followed previous disputes between the two units as well as other incidents, making the story of Vietnamese music copyright still unclear.
BH Media representative speaks at a press conference about the incident - Photo: D.DUNG
Understanding and enforcing copyright is still inadequate.
Having handled many copyright-related cases, lawyer Phan Vu Tuan shared that the issue of music copyright in Vietnam has changed significantly compared to 20 years ago.
Vietnam's legal framework is compatible with international law, and Vietnam has joined most of the important international treaties on copyright. However, understanding and enforcing copyright still has many shortcomings.
He cited the fact that most artists, authors and users confuse the concepts of "copyright" and "authorship". There is only one concept: "copyright". "This misunderstanding leads to mistakes in registration, exploitation and use", the lawyer said.
After 3 years of dispute, 'Ganh me' was returned to its owner Truong Minh Nhat, but according to lawyer Phan Vu Tuan, Mr. Nhat's representative lawyer, the case has not been completely resolved - Photo: TUYET MAI
Currently, the Ministry of Culture, Sports and Tourism is implementing a draft project to develop Vietnam's entertainment industry. Music is one of the prominent fields of the entertainment industry.
Mr. Phan Vu Tuan shared that "to develop the entertainment industry in general and the music industry in particular, a solid and clear legal foundation is needed. Copyright is the most basic foundation for the creative industry".
"If copyright issues are not well controlled, the development of the industry will cause serious damage to many parties. We will also not have a true, healthy and transparent industrial ecosystem," he added.
The Vietnam Center for Music Copyright Protection said they have filed a lawsuit against BH Media, but BH Media told Tuoi Tre that they have not received any court notice about the lawsuit filed by the Vietnam Center for Music Copyright Protection. If there is a lawsuit, BH Media is ready to follow it.
Source: https://tuoitre.vn/tranh-cai-ban-quyen-am-nhac-thuc-thi-o-viet-nam-van-tu-mu-20250602092957313.htm
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