What Is Music Copyright Infringement? How to Identify and Prevent It

Are you working in the music industry and concerned about music copyright infringement? This article will clearly explain what music copyright infringement is, help you recognize infringing acts, and provide effective prevention methods. From unauthorized copying and usage to public performances without permission, you’ll gain essential insights to protect your work and avoid unnecessary legal troubles.

What Is Music Copyright Infringement?

According to Clause 2, Article 28 of Vietnam’s Intellectual Property Law 2005 (amended and supplemented in 2022), the following acts are considered infringements of copyright, including both moral and economic rights:

Acts That Infringe Copyright:

• Infringing moral rights as defined in Article 19.
• Infringing economic rights as per Article 20, such as unauthorized use or reproduction of works.
• Failing to fulfill obligations stated in Articles 25, 25a, and 26 regarding the use of published works in certain cases without permission or payment of royalties.
• Intentionally circumventing or disabling technological measures that protect copyright in order to commit or facilitate infringement.
• Manufacturing, distributing, or trading in devices or services that enable copyright infringement, while knowing or having reason to know such use is illegal.
• Intentionally deleting, modifying, or falsifying rights management information to conceal or facilitate infringement.
• Distributing or providing copies of works with illegally altered or deleted rights management information while knowing or having reason to believe it contributes to infringement.
• Violating the safe harbor provisions for intermediary service providers under Clause 3, Article 198b.

Infringing Economic Rights to Musical Works

According to the revised Article 20, the economic rights of authors include control over the exploitation of their works, especially:

• Reproducing the work in whole or in part by any means or form, whether direct or indirect (unless allowed by law).
• Using the work for commercial purposes (such as broadcasting, performing, recording, distributing, etc.) without lawful permission from the copyright holder.

Thus, copying or commercially using musical works without authorization from the copyright holder constitutes an infringement of economic rights. These acts may be subject to administrative penalties or even civil or criminal liability, depending on the severity of the violation.

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Common Forms of Music Copyright Infringement

Unauthorized Copying and Distribution

This includes making copies or distributing music without permission from the author or copyright holder. Common violations:

• Downloading music from unlicensed websites.
• Copying CDs, sheet music, or digital files without authorization.
• Remixing or arranging a work without permission.
• Selling or sharing unlicensed music files or CDs/DVDs.
• Streaming copyrighted music on platforms like YouTube, TikTok, Facebook without rights.

Unauthorized Use in Derivative Works

This occurs when music is used in other works (films, ads, videos, TV programs) without permission. Common examples:

• Using music as background in YouTube or TikTok videos, short films, etc.
• Performing or releasing covers, remixes, or mashups without clearance.
• Creating derivative works (adaptations, modifications) from original music without authorization.

Unauthorized Sharing Online

Uploading songs or music to digital platforms without proper licensing is also infringement. Even sharing a short clip on social media without adhering to copyright laws can result in penalties.

How Are Music Copyright Infringements Handled?

Unauthorized Copying of Works

Under Article 18 of Decree 131/2013/ND-CP (amended by Clause 2, Article 3 of Decree 28/2017/ND-CP), individuals who copy works without the copyright owner’s consent may face:

• Fines: From VND 15,000,000 to 35,000,000.
• Remedies: Removal of infringing electronic copies online or destruction of infringing materials.

Using Published Recordings for Commercial Purposes Without Permission

According to Article 29 of Decree 131/2013/ND-CP (as amended), penalties include:

• Fines from VND 5,000,000 to 10,000,000 for using published audio/video recordings commercially without authorization.
• Fines from VND 10,000,000 to 15,000,000 in cases such as:
  • Playing music in restaurants, hotels, stores, or supermarkets for business without paying royalties.
  • Broadcasting on TV, radio, or using in aviation, public transportation, or other commercial purposes without fulfilling financial obligations.
• Fines from VND 15,000,000 to 25,000,000 for karaoke services, telecom providers, or digital platforms using published recordings without permission.

In addition to fines, violators may be required to remove or delete infringing copies stored, distributed, or broadcast digitally or online.

Final Thoughts

Music copyright infringement not only causes serious losses to artists and producers but also leads to legal consequences for violators. In the context of rapid digitalization, BH Media plays a vital role in protecting copyright, supporting artists in resolving disputes, and raising public awareness of intellectual property rights.

To avoid falling into copyright violations, individuals and organizations should proactively learn the law, use content legally, and cooperate with professional units like BH Media.