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The transfer of rights (exclusive use) and transfer of rights (selling works outright) are always hot issues 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.
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| 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 selling off and transferring 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 legal regulations, they should contact relevant organizations for advice. Regarding the sale of copyright, if the newly created work has not been popularized, 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 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 losing the right to the property and enjoying the benefits from it. Musicians and creators need to pay attention and more clearly identify the forms of copyright transfer,” Mr. Binh analyzed.
Copyright transfer is not only a hot issue in the Vietnamese market but also a burning 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 and Southeast Asian countries has posed many challenges to creators. Some countries have anti-sell-out regulations, fighting against companies and individuals who intentionally profit from them to find reasonable solutions to solve this problem.
“In many cases, musicians, due to lack of understanding, accidentally sell their work when signing some related documents and do not benefit from their own work. We are working with many other countries to support young musicians to know how to protect their copyright, 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 musical activities on the internet, including creating, performing, and publishing works. Social networks help artists and authors reach new and diverse audiences. The TikTok platform, Facebook's Reels feature, Instagram, etc. 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), etc. 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 has 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 “freely” using songs on social networks is common, many people take advantage of it to make profits and get advertising while “ignoring” copyright issues.
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, platforms, and better understand copyright laws. Because of lack of understanding, many cases have resulted in misunderstandings about transferring rights and assigning rights during the signing process. 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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