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

Copyright Arises Automatically, So Why Register?

According to the law, copyright arises automatically the moment a work is created and fixed in a tangible form, without needing registration. However, registering with the Copyright Office of Vietnam is

critically important for several reasons:

• The Strongest Legal Proof: A registration certificate is the most powerful evidence of ownership in the event of a dispute.
• Easier Enforcement: When infringement occurs, having a certificate makes it much easier to work with authorities and platforms like YouTube and Facebook to demand the removal of infringing content.
• Commercial Exploitation: Licensing, assigning, or selling your copyright is smoother and more valuable when you have official documentation proving legal ownership.

Part 2: A Detailed Guide to the Song Copyright Registration Procedure

Conditions for Registering a Song

A musical work must meet these three conditions to be eligible for copyright protection :

1. Originality: The work must be created directly by the author, not copied from others.
2. Fixed in a Tangible Medium: The song must exist as sheet music, an audio file, a video, etc., not just as an idea.
3. Compliance with Law: The content must not violate public interest or legal regulations.

Required Application Documents

A complete application file includes the following :

• Copyright Registration Application Form (as per the official template, which can be downloaded).
• Two copies of the work: This can be sheet music on A4 paper or a CD/USB drive containing the audio or video file.
• A copy of the ID card/Passport of the author and/or owner.
• A copy of the Business Registration Certificate if the owner is a company.
• A written commitment from the author stating they created the work themselves.
• A written agreement from co-authors/co-owners (if applicable).
• A power of attorney if you are using a representative service to file the application.

The 3-Step Registration Process

The registration procedure is carried out as follows :

Step 1: Prepare the Application File

• Gather all the documents listed above. Ensure all information is declared accurately.

Step 2: Submit the File to the Copyright Office of Vietnam

• You can submit the application in one of three ways :
  1. Submit in person or by mail to one of the following addresses:
     • In Hanoi: No. 33, Lane 294/2, Kim Ma Street, Ba Dinh District.
     • In Ho Chi Minh City: 170 Nguyen Dinh Chieu, Vo Thi Sau Ward, District 3.
     • In Da Nang: No. 01, An Nhon 7 Street, An Hai Bac Ward, Son Tra District.
  2. Submit online via the Public Service Portal of the Ministry of Culture, Sports and Tourism.

Step 3: Examination and Receiving the Certificate

• The Copyright Office will examine the application within 15 working days.
• If the application is valid, you will receive a Certificate of Copyright Registration.

Registration Costs: DIY vs. Professional Service

Why choose a service? Although the state fee is very low, the paperwork can be complex and is easily rejected due to errors. Authorizing a professional entity like BH Media saves you time, ensures accuracy, and increases the likelihood of a successful registration.

Part 3: Identifying and Handling Infringement

Acts Considered Copyright Infringement

According to Article 28 of the Law on Intellectual Property, numerous acts are considered infringement. The most common in today’s digital environment include :

• Covering a song and uploading it to YouTube or TikTok without permission.
• Creating a derivative work (remixing, parodying lyrics) without consent.
• Using music as a background track for videos, livestreams, or other MVs.
• Appropriating or impersonating the author.
• Copying, distributing, or communicating the work to the public via the internet without permission.

Case Studies: Lessons from Famous Disputes

• The “Ganh Me” (A Mother’s Burden) Case :A dispute between a poet and a musician who claimed authorship of the song highlighted the complexity when one party has a registration certificate, but the other has evidence of prior creation. This underscores the importance of early registration and preserving evidence of creation.
• The “Giac Mo Trua” (Midday Dream) Case :This case, directly involving BH Media, demonstrated the intricacies when different arrangements of the same song are exploited by different entities. It showcases BH Media’s deep understanding and real-world experience in handling complex copyright issues.

Enforcement Measures for Infringement

When you discover your work has been infringed upon, you can take the following measures, from least to most severe :

1. Self-Action: Send a warning letter demanding the cessation of infringement or use the “copyright strike” tool on platforms like YouTube and Facebook.
2. Administrative Measures: Request a competent state agency (e.g., Inspectorate, Police) to impose a penalty. Fines can reach up to 500,000,000 VND for organizations.
3. Civil Measures: File a lawsuit in court to demand an injunction, a public apology, and compensation for damages. Damages can be awarded up to 500,000,000 VND if actual damages cannot be proven, plus reasonable attorney’s fees.

Part 4: For Content Creators – Using Music Safely

What Exactly is “Royalty-Free Music”?

This is the common term for music where you pay a one-time fee (or get it for free) to use it for multiple purposes without having to pay additional royalties for each view or use.

Important Note: “Free” does not always mean “no strings attached.” Many sources require you to provide attribution, meaning you must credit the artist and the music source in your video’s description.

Top Reputable and Free Music Libraries

Part 5: Frequently Asked Questions (FAQ)

1. Is song copyright registration mandatory? No, it’s not mandatory, but it is highly recommended to establish strong legal proof, protect you in disputes, and facilitate commercial use.

2. How long does copyright protection last? Economic rights are protected for the author’s lifetime plus 50 years. Certain moral rights (like the right to be named and protect the work’s integrity) are protected indefinitely.

3. Is covering a song and posting it on YouTube an infringement? Yes, if done without the owner’s permission. It is considered creating a “derivative work” and is an act of copyright infringement.

4. Can I register for copyright online myself? Yes, you can submit an application through the Public Service Portal of the Ministry of Culture, Sports and Tourism.

5. How much does it cost to hire a lawyer or registration service? The all-inclusive service fee typically ranges from 2,000,000 to 4,000,000 VND, depending on the provider and the complexity of the case.

BH Media: Your Partner in Protecting and Monetizing Music

Protecting music copyright is a journey that requires legal understanding and practical experience. As a leading unit in music distribution and copyright management in Vietnam , with proven experience in handling complex cases , BH Media is your trusted partner to:

• Provide Strategic Consultation: Helping you understand your rights and build a roadmap to protect your intellectual property.
• Act as Your Registration Agent: Handling the entire copyright registration process quickly and accurately.
• Manage Infringement: Representing you in dealing with infringing parties and authorities to protect your legal rights.
• Facilitate Commercial Exploitation: Assisting with music distribution to maximize revenue from your works on global platforms.

Don’t let your creative work be used without value. Contact BH Media today for a consultation and protect your musical legacy.