Vietnam: What are the instructions for completing the application for registration of copyright to musical works? Where to download the newest application form for registration of copyright to musical works under the Word file?

Main Content

• What are the instructions for completing the application for registration of copyright to musical works in Vietnam?
• What are the regulations on the right to publicly perform musical works in Vietnam?
• What is the newest application form for registration of copyright to musical works under the Word file in Vietnam?

What are the instructions for completing the application for registration of copyright to musical works in Vietnam?

Under the provisions of Circular 08/2023/TT-BVHTTDL, the instructions for completing the application for registration of copyright to musical works in Vietnam are specified as follows:

(1) For the section "Submitting the application for registration of copyright to musical works to"

For an individual, sign each page of the application; for the organization, stamp on adjoining edges of pages

(2) For the section "Form of publication"

Release copies for dissemination to the public such as publishing, recording, video, printing, posting on telecommunications networks, the Internet and other forms.

(3) For the "Assurance of Creation of works" section

Commitment: The content of the work is created by the author/co-author, not copied from the work of others, and does not violate the provisions of Vietnamese law.

For works containing contents related to sovereignty, territory, national border, history, religion, belief, fine customs, health, honor, prestige, legitimate rights and interests of other organizations and individuals; the interests of the State, the public interest, must be ensured: there is no infringing content or image, no misrepresentation, no influence on these issues.

(4) For the section "Information about the author"

- Fully declare the co-authors (if any) and clearly state the role of each co-author in creating the work;

- Where the author is dead, state the year the author died in this section.

(5) For "Information about copyright owners" and "Copyright owners for works used as derivative works"

Declare all co-copyright owners, if any.

(6) For the section "Authors of works used as derivative works"

Full declaration of co-authors, if any.

(7) For the section "sign the author/copyright owner"

In case of registration for the author who is not concurrently the copyright owner, the author is the signatory on the application.

In case of registration for a copyright owner, the copyright owner or the legal representative of the copyright owner signs and seals (in case of an organization) the application.

In case the work has a co-author/copyright co-owner, the signatures of all co-authors/copyright co-owners must be obtained. The application may be signed by one of the co-authors/co-owners if there is a written authorization of the remaining co-authors/co-owners as prescribed by law.

What are the regulations on the right to publicly perform musical works in Vietnam?

Under Article 15 of Decree 17/2023/ND-CP, there are the following provisions:

Public performance right

The right to perform publicly either directly or indirectly via audio recordings, video recordings, or any technological devices in areas accessible to the public where the public cannot freely choose the time or part of the works specified under Point b Clause 1 Article 20 of the Law on Intellectual Property is construed as follows:

1. With respect to works depicted by language or handwritings specified under Points a and b Clause 1 Article 14 of the Law on Intellectual Property: Copyright holders have the right to exclusively enable or permit other persons to enable the public to audibly perceive the works while the public cannot freely choose time or part of the works. Perception of the works can be done from within the presentation locations, via screens, monitors, speakers, or similar technological devices.

2. With respect to musical works specified under Point d Clause 1 Article 14 of the Law on Intellectual Property: Copyright holders have the right to exclusively enable or permit other persons to enable the public to audibly perceive the works or perceive the works performed live on stage while the public cannot freely choose time or part of the works. Perception of the works can be done from within the presentation locations, via screens, monitors, speakers, or similar technological devices.

...

Thus, with respect to musical works protected by copyright, the right to perform publicly either directly or indirectly via audio recordings, video recordings, or any technological devices in areas accessible to the public where the public cannot freely choose the time or part of the works shall be construed as:

Copyright holders have the right to exclusively enable or permit other persons to enable the public to audibly perceive the works or perceive the works performed live on stage while the public cannot freely choose the time or part of the works.

Perception of the works can be done from within the presentation locations, via screens, monitors, speakers, or similar technological devices.

What is the newest application form for registration of copyright to musical works under the Word file in Vietnam?

Currently, the newest application form for registration of copyright to musical works is made according to Form No. 04 issued together with Circular 08/2023/TT-BVHTTDL.

Download the newest application form for registration of copyright to musical works: here.