Everything You Need to Know About Phonogram Production and Related Rights

Phonogram production is a fundamental part of the music and entertainment industries, serving as the foundation for sound recordings and audiovisual works. In the legal context, a “phonogram” refers to the fixation of sounds, regardless of the medium, excluding soundtracks of films. The process of phonogram production involves technical, artistic, and financial efforts to capture and publish sounds in a tangible form, often resulting in commercial releases such as music tracks, albums, or podcasts.

In this article, we’ll explore the concept of phonogram production, the rights of phonogram producers, and the legal framework governing this activity, especially under Vietnamese law.

What Is Phonogram Production?

Phonogram production refers to the process of recording and fixing sounds onto a physical or digital medium, such as vinyl records, CDs, digital audio files, or streaming platforms. This process is not limited to music recordings—it may include spoken word, sound effects, or any other sound content.

The individual or organization that undertakes and invests in this process is called a phonogram producer. Their role typically involves:

• Financing the recording session
• Managing the technical equipment and personnel
• Overseeing the editing, mastering, and distribution process
• Marketing and commercializing the final product

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Legal Definition of Phonogram Production

According to Vietnamese intellectual property law, a phonogram is defined as a fixation of sounds of a performance or other sounds, not including fixations incorporated in cinematographic or audiovisual works.

A phonogram producer is recognized as the person or organization that first fixes the sounds and holds the related rights over the phonogram. These related rights are distinct from copyright (which belongs to authors, composers, performers) but are equally protected under the law.

Alongside phonogram production, BH Media also offers music distribution services that help your songs and albums reach millions of listeners worldwide through major platforms such as Spotify, Apple Music, YouTube, and TikTok.

Rights of Phonogram Producers

Phonogram producers are entitled to several exclusive rights, including:

1. Reproduction Rights: The right to reproduce the phonogram in any form, including copying, duplicating, or converting into different formats.
2. Distribution Rights: The right to distribute the phonogram to the public through sale, rental, or digital transmission.
3. Broadcasting Rights: The right to authorize or prohibit the use of the phonogram in broadcasting or public communication.
4. Right to Remuneration: In some cases, when their phonograms are used for commercial purposes (e.g., in radio, TV, or public venues), producers are entitled to receive equitable remuneration.

These rights are usually protected for 50 years from the date of the first publication or fixation, depending on national laws and international treaties. If you are looking to safeguard and maximize the value of your music products, BH Media’s digital copyright management services provide a complete solution, from copyright protection to revenue optimization.

Legal Framework in Vietnam

Vietnamese law provides comprehensive protection for phonogram producers through the Law on Intellectual Property (amended in 2022). Key regulations include:

• Article 16: Defines related rights, including the rights of phonogram producers.
• Article 29: Details the rights of phonogram producers, including reproduction, distribution, and broadcasting rights.
• Article 200–219: Regulates enforcement, handling of infringement, and dispute resolution mechanisms.

Additionally, Vietnam is a member of the Rome Convention (1961) and TRIPS Agreement, which establish international standards for the protection of phonogram producers and other related rights holders. BH Media also has strong expertise in building multi-platform partnerships. Explore the YouTube MCN services to grow your channel professionally with content management, audience development, and sustainable monetization.

Registration of Phonogram Producer Rights

Although protection arises automatically upon creation and fixation, voluntary registration is encouraged in Vietnam. The benefits of registering include:

• Evidentiary support in legal disputes
• Public acknowledgment of ownership
• Greater control in licensing and enforcement

The registration process typically involves submitting an application to the Copyright Office of Vietnam, along with proof of ownership, a copy of the phonogram, and the payment of a small fee.

Phonogram Production vs. Copyright in Musical Works

It is important to distinguish between phonogram production rights and copyright in the musical works and performances that the phonogram contains.

In practice, multiple rights often coexist in a single song: the composer’s copyright, the performer’s related rights, and the phonogram producer’s rights.

Licensing and Commercial Use

Phonogram producers have the exclusive right to license the use of their recordings. Licensing agreements may include:

• Master Use Licenses: For using the original recording in film, TV, or advertising
• Streaming Licenses: For platforms like Spotify, Apple Music, or YouTube
• Sampling Licenses: For artists or producers who want to use parts of the recording

Unauthorized use of phonograms may constitute copyright infringement, leading to civil or criminal liability under Vietnamese law.

Challenges in the Digital Age

With the rise of digital distribution and user-generated content platforms, protecting the rights of phonogram producers has become more complex. Common issues include:

• Unlicensed uploads and piracy
• Revenue sharing with streaming platforms
• Lack of awareness about related rights among users and creators

Producers are encouraged to use digital fingerprinting technologies, partner with content ID systems, and collaborate with rights management organizations to monitor and enforce their rights effectively.

Conclusion

Phonogram production plays a crucial role in preserving and commercializing creative sound works. Understanding the legal rights of phonogram producers is essential for artists, record labels, and content creators operating in the modern media environment. In Vietnam, both domestic laws and international treaties provide a strong foundation for the recognition and protection of these rights.

Whether you’re a producer looking to protect your investment or a business using recorded music, respecting phonogram-related rights ensures fair compensation and sustainable growth in the music and entertainment industries.

As a leading digital content and rights management company in Vietnam, BHMEDIA offers comprehensive support for phonogram producers, from copyright registration and licensing to enforcement and digital distribution. If you’re looking to safeguard your sound recordings and maximize their commercial value, BHMEDIA is your trusted partner on the journey.