Music Copyright: Definition, Categories, and the Latest Registration Guidelines

Are you looking to understand music copyright to protect your creative work? This article provides a comprehensive overview of the definition, classification, and latest procedures for registering music copyright. Whether you’re a composer, singer, music producer, or anyone working in the music industry, mastering this information is essential to safeguard your intellectual property and legal rights.

Explore Music Copyright with BH Media

What is Music Copyright?

According to Article 10 of Decree No. 22/2018/ND-CP, issued by the Vietnamese Government on February 23, 2018, a musical work is defined as a creative expression presented through musical notes or symbols, or fixed in audio/video recordings—with or without lyrics—and regardless of whether it is performed publicly.

Additionally, point (d), clause 1, Article 14 of the Intellectual Property Law classifies musical works as one of the protected types of copyrighted works. Therefore, copyright in music refers to the author’s rights over musical works expressed via notation, musical symbols, or stored in audio/video media—even if they have not yet been publicly performed. These rights are established from the moment the work is created.

Key Principles of Music Copyright

Copyright is established upon creation
Copyright arises as soon as the musical work is created and fixed in a tangible form, regardless of its content, quality, format, medium, language, or whether it has been published or registered.

Benefits of music copyright registration
While registration is not mandatory to enjoy copyright protection, possessing a Certificate of Copyright Registration provides a clear advantage in proving ownership in legal disputes. No further evidence is needed unless a third party presents contrary proof.

Duration of copyright protection

• Moral rights (excluding the right to publish the work) are protected indefinitely.
• Economic rights and the right to publish or authorize publication are protected throughout the author’s lifetime and for 50 years after their death.
• For co-authored works, protection lasts until 50 years after the last co-author’s death.
• The protection period ends at 24:00 on December 31 of the final year of protection.
  

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What Constitutes a Music Copyright Infringement?

An individual or organization (including commercial entities) may be considered to have infringed music copyright if they intentionally:

• Illegally copy all or part of a musical work without the copyright owner’s consent.
• Distribute copies to the public by any means (sale, rental, sharing, uploading, etc.) without legal authorization from the author or right holder.
  

What Rights Do Composers Have Over Their Music?

According to Article 18 of the 2005 Intellectual Property Law, copyright includes moral rights and economic rights. A composer, as the author, may enjoy both categories of rights depending on their role and contractual agreement in the creative process.

If the Composer is the Sole Owner

Per Article 37 of the 2005 IP Law, if the composer invests their own time, money, and resources to create the work, they own full moral and economic rights, as stated in Articles 19 and 20.

According to Article 14 of Decree 17/2023/ND-CP and Clause 5, Article 1 of the amended IP Law 2022, composers are entitled to:

Moral rights:

• Name the work (with exceptions for translations), provided it does not violate laws or others’ rights.
• Be identified by real name or pseudonym upon publication and use, including derivative works.
• Publish or authorize publication (e.g., releasing copies for public access).
• Preserve the integrity of the work and prevent distortion or modification that harms their reputation.

Economic rights:

• Create derivative works.
• Perform the work publicly, directly or via technical means.
• Copy the work wholly or partly, directly or indirectly.
• Distribute/import the original or copies in physical form.
• Broadcast or transmit the work to the public through any technical means, including on-demand services.

If the Composer Is Not the Sole Owner

Under Article 39 of the IP Law, if a composer creates music under commission or by assignment, they retain some moral rights, except the right to publish—unless otherwise agreed upon in writing.

These retained moral rights include:

• Naming the work.
• Identifying themselves as the author.
• Preserving the integrity of the work.

Other rights and obligations will follow the agreed-upon contract terms.

Copyright Duration for Musical Works

Under Article 27 of the IP Law

Moral Rights:

Economic Rights & Clause 3 of Moral Rights:

Duration of Related Rights (Article 34, IP Law)

As with copyright, related rights also expire at 24:00 on December 31 of the ending year.

How to Register Music Copyright with BH Media

As a reputable copyright registration agent, BH Media offers services to assist clients in completing the procedures to protect musical works with the Copyright Office of Vietnam – under the Ministry of Culture, Sports and Tourism.

Steps for Music Copyright Registration

1. Required Documents

Under Article 39 of Decree 17/2023/ND-CP, clients must provide BH Media with:

Mandatory documents:

• Copyright registration form (template), signed or fingerprinted by the author or right holder.
• Two copies of the work (one hard, one digital).
• Power of attorney to BH Media (if acting as agent).

Proof of ownership:

• Individuals: Copy of ID card/passport.
• Organizations: Copy of business registration/license.

Additional documents based on ownership type:

• Assignment of tasks: Decision or confirmation document.
• Contract-based: Creation contract, contest rules, or guidelines.
• Inheritance: Certified inheritance certificate.
• Transfer: Notarized contract of transfer/gift/capital contribution.

Optional documents:

• Author’s written confirmation (if author ≠ owner).
• Co-author consent (for multi-author works).
• Co-owner consent (for joint ownership).
• Consent for use of personal images (if used in the work).
  

Registration Timeline

Standard processing time is 15 working days from when BH Media submits a valid application to the Copyright Office. However, delays may occur due to application backlogs.

BH Media’s Copyright Registration Services

When using BH Media’s services, clients receive full support:

• Legal consultation and optimal protection guidance
• Assistance with complete document preparation
• Drafting standard legal documentation
• Acting as representative to submit the application
• Tracking progress and assisting with additional paperwork if needed
• Receiving and delivering the Certificate of Registration
  

BHMEDIA – Trusted Partner in Copyright Protection

If you wish to protect your music through copyright, contact BH Media for fast, accurate, and effective support.

Music copyright is not just a legal matter—it is a core element in safeguarding the rights of artists and content creators. In an increasingly digital world, understanding and complying with copyright laws is essential for anyone involved in music and digital content. If you’re looking for a trusted partner in managing and protecting your music copyright, BHMEDIA is the top choice. With years of experience and a modern copyright management system, BHMEDIA is committed to helping Vietnamese music reach further—legally and sustainably.