Is there a penalty for using copyrighted YouTube music without permission in Vietnam?

Hello,Lawnet would like to answer as follows:

1. Is YouTube copyrighted music a type of work protected by copyright?

According to Article 14 of the Law on Intellectual Property 2005, amended in Clause 82, Article 1 of the Law amending Law on Intellectual Property 2022, types of works which are protected by copyright include:

- Literary, artistic and scientific works which are protected by copyright comprise:

+ Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters;

+ Lectures, addresses and other speeches;

+ Press works;

+ Musical works;

+ Stage works;

+ Cinematographic works and works created by a process analogous to cinematography (hereinafter all referred to as cinematographic works);

+ Art works and applied art works;

+ Photographic works;

+ Architectural works;

+ Sketches, plans, maps and drawings related to topography or scientific works;

+ Folklore and folk art works;

+ Computer programs and data collections.

- Derivative works shall only be protected pursuant to the provisions of clause 1 of Article 14 of the Law on Intellectual Property 2005 if such protection is not prejudicial to the copyright in the works used to create such derivative works.

- Protected works as stipulated in clauses 1 and 2 of Article 14 of the Law on Intellectual Property 2005 must be created personally by authors through their intellectual labour and without copying the works of others.

- The Government shall provide detailed guidelines on the types of works stipulated in clause 1 of Article 14 of the Law on Intellectual Property 2005.

Thus, according to the above regulations, Youtube copyrighted music is a type of musical work that is protected by copyright.

2. Is there a penalty for using copyrighted YouTube music without permission in Vietnam?

According to copyright rules on Youtube as follows:

“Creators can only post videos that they produce or have the rights to use. That means they're not allowed to post videos they didn't produce or illegally use someone else's copyrighted content in their videos, such as copyrighted music or excerpts from shows. or videos produced by other users, without the necessary permission.”

Thus, Youtube does not allow others to post videos that they did not produce or illegally use the author's copyrighted content, such as music tracks, excerpts from copyrighted programs, or videos produced by other users. exported without the necessary permission.

In cases of copyright infringement, if the copyright owner submits a valid complaint under the DMCA (US Copyright Act of 1998) through the web form, Youtube will remove the video and issue a violation warning. copyright infringement. If a user receives 3 copyright strikes within 90 days, their account and any affiliated channels will be terminated.

Thus, users of copyrighted YouTube music without permission may be subject to copyright infringement warnings from Youtube.

3. What are the penalties for copyright infringement of musical works in Vietnam?

According to Decree 131/2013/ND-CP regulating administrative sanctions for acts of infringing musical works as follows:

For acts of infringing upon the right to reproduce works

According to Article 18 of Decree 131/2013/ND-CP, penalties for acts of infringing upon the right to reproduce works are as follows:

- A fine of between VND 15,000,000 and 35,000,000 shall be imposed for reproducing the works without permission of the copyright holders.

- Remedial measures: forcibly removing copies of the work which in infringed, in electronic form, on internet and digital environment, or forcible destruction of material evidence of violation for act as specified.

For acts of using phonograms or video recordings already published for commercial purposes

According to Article 29 of Decree 131/2013/ND-CP, penalties for acts of using phonograms or video recordings already published for commercial purposes are as follows:

- A fine of between VND 5,000,000 and 10,000,000 shall be imposed for using a phonogram or video recording already published for commercial purpose in restaurants, tourist accommodation establishments, stores, supermarkets without paying royalty or remuneration for such use to copyright owner, related-right owner in accordance with regulations.

- A fine of between VND 10,000,000 and 15,000,000 shall be imposed for any of the following violations:

+ Using a phonogram or video recording already published for commercial purpose to broadcast without paying royalty or remuneration for such use to copyright owner, related-right owner in accordance with regulations;

+ Using a phonogram or video recording already published for commercial purpose in domains of aviation, public traffic and other trading operations without paying royalty or remuneration for such use to owner in accordance with regulations.

- A fine of between VND 15,000,000 and 25,000,000 shall be imposed for using a phonogram or video recording already published for commercial purpose in karaoke service, post and telecommunication service, digital environment business establishments without paying royalty or remuneration for such use to copyright owner, related-right owner in accordance with regulations.

- Remedial measures: Forcibly removing copies of phonogram, video recording, in electronic form, on internet and digital environment, for acts specified above.

The phrase "on the internet environment" is replaced with the phrase "on the network environment" Clause 2, Article 3 of Decree 28/2017/ND-CP.

In addition, according to Article 225 of the Penal Code 2015 amended by Point a, Clause 52, Article 1 of the Penal Code 2017 stipulates as follows:

Any person without the permission of the copyright or related rights holder who intentionally commits one of the following acts:

- A person who, without the consent of the holders of copyrights and relevant rights, deliberately commits any of the following acts which infringe upon copyrights and relevant rights protected in Vietnam for commercial purpose or to earn an illegal profit of from VND 50,000,000 to under VND 300,000,000 or causes a loss of from VND 100,000,000 to under VND 500,000,000 for the holders of such copyrights and relevant rights, or with the violating goods assessed at from VND 100,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence:

+ Making copies of works, video recordings or audio recordings;

+ Making the copies of works, video recordings, audio recordings publicly available.

Thus, the act of using copyrighted YouTube music without permission, in addition to being subject to copyright infringement warnings, can also be subject to administrative sanctions and more serious criminal sanctions.

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