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How to register music copyright in Vietnam?

How to register music copyright in Vietnam? In Vietnam, protecting the rights to your original songs is crucial in safeguarding your creative work and ensuring you retain control over its use. Copyright registration not only provides official recognition of your ownership but also strengthens your legal position in cases of infringement or unauthorized use.

How to register music copyright in Vietnam?

Music copyright refers to the intellectual property rights associated with a musical composition. It encompasses the rights over the work expressed through musical notes or other musical symbols, regardless of whether the work has been performed or not.

Music copyright grants the creator or copyright holder exclusive rights to control and manage how the musical composition is used. These rights typically include the ability to reproduce, distribute, perform, and display the work publicly. It also covers the right to create derivative works, such as remixes or arrangements. Even if the music has not been recorded or performed, its copyright still exists as long as it has been fixed in a tangible form, such as sheet music or digital files. This ensures protection for the composer or creator from unauthorized use or reproduction of their work.

To register music copyright in Vietnam, organizations or individuals need to prepare a dossier that includes:

– Copyright registration form for the song (according to the provided template);

– A copy of the author’s Citizen ID card; a copy of the Certificate of Business Registration or the Establishment Decision of the copyright holder, if it is an organization (if applicable);

– The musical score (presented in notation);

– A declaration of originality of the work;

– Assignment or delegation of composition (if applicable).

The copyright registration dossier for the song can be submitted directly or via mail to the Copyright Office of Vietnam.

Time for copyright registration: Approximately 2 months from the date of submission of the complete dossier.

Registering music copyright in Vietnam offers several significant benefits for creators, performers, and rights holders. While copyright protection is automatic upon the creation of a work, formal registration provides additional legal and practical advantages. The key reasons for registering music copyright in Vietnam are:

Legal Proof of Ownership: Registering music copyright serves as official evidence of ownership in the event of any disputes regarding the authorship or rights to the work. In legal proceedings, a copyright certificate provides clear proof of when the work was created and who the rightful owner is. This is crucial in protecting the author’s rights and avoiding claims of plagiarism or unauthorized use.

Enhanced Protection Against Infringement: By formally registering music copyright, the author or rights holder gains stronger protection against copyright infringement. In cases where a work is used without permission, registered copyright makes it easier to enforce legal actions, including claims for damages or obtaining injunctions to stop unauthorized use. It also makes it easier to prove willful infringement, which can result in higher compensation.

Commercial Exploitation and Licensing Opportunities: Registering music copyright provides a formal framework for authors to license or sell their works. It enables the creator to negotiate terms for commercial exploitation, including royalties, licensing fees, and usage rights. Copyright registration can also facilitate partnerships with music publishers, media companies, or collective management organizations like VCPMC, opening up new revenue streams.

Global Recognition and Protection: Vietnam is a member of several international copyright agreements, including the Berne Convention for the Protection of Literary and Artistic Works. Registering a music copyright in Vietnam can offer protection in other member countries, helping artists safeguard their rights across borders. This is particularly important for authors who want to distribute or monetize their work internationally.

Encouragement of Creative Work: Copyright registration promotes the growth of Vietnam’s creative industries by ensuring that creators are properly recognized and compensated for their work. It fosters an environment where musicians, composers, and lyricists can create without fear of losing control over their intellectual property.

In summary, registering music copyright in Vietnam not only provides solid legal protection but also opens up commercial opportunities and ensures the creator’s rights are respected and enforceable both domestically and internationally.

The Vietnam Center for Protection of Music Copyright (VCPMC) is an organization under the Vietnam Musicians’ Association, established in 2002.

VCPMC is the sole organization in Vietnam responsible for the collective management of music copyright. Music authors sign authorization contracts with VCPMC, allowing the center to manage their musical works, negotiate with organizations and individuals who wish to use the works, enter into contracts, and collect royalties for the use of these musical compositions.

VCPMC acts as an intermediary between music creators and users, ensuring that the rights of authors are protected and that they receive proper compensation when their works are utilized. This includes the collection of fees for public performances, broadcasting, reproduction, and distribution of music, both domestically and internationally. By handling these administrative tasks, VCPMC enables music creators to focus on their creative work, while also helping to promote a fair and regulated use of copyrighted music in Vietnam. Additionally, the center plays a critical role in raising awareness about copyright laws and the importance of respecting intellectual property rights in the music industry.

To obtain music copyright in Vietnam, organizations and individuals can follow one of the two detailed methods outlined below:

In this method, the individual or organization wishing to use a musical work must directly negotiate with the author to secure permission for use. This requires having access to the author’s personal contact information, which can present several challenges:

  • Since contact information is considered private, it is often not publicly available. As a result, it may be difficult to find a way to approach the author for permission.
  • Once contact is established, the user must directly negotiate terms, which may include fees for use, conditions, or other legal agreements as dictated by the author.
  • This process can be time-consuming and unreliable, as not all authors may be reachable or willing to grant permission, especially if they manage their copyrights independently.

The more common and efficient method is to go through a copyright collective management organization. In Vietnam, the Vietnam Center for Protection of Music Copyright (VCPMC) is the official body that manages and protects the copyrights of music creators. This method involves the following steps:

  • Individuals or organizations seeking to use music can reach out to VCPMC, which acts as a representative for a collective group of music authors.
  • VCPMC has the authorization from music authors to manage their copyrights, which includes granting permissions and handling commercial exploitation. This allows users to bypass the need to contact each author individually.
  • The user negotiates directly with VCPMC regarding the terms and conditions of use, which may involve licensing fees or other contractual obligations.
  • This approach is generally faster and more convenient, as VCPMC handles the legal and administrative aspects, ensuring that the use of the musical work complies with copyright laws.

In summary, the two main methods for obtaining music copyright in Vietnam are either contacting the author directly or working through VCPMC, the latter being the more practical option for individuals or organizations seeking efficient and legal access to copyrighted music.

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Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.

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