Is filming parody music videos an offense in Vietnam?

Is filming parody music videos an offense in Vietnam? - image from internet

Parody music videos refers to videos that are created by taking the content of the original music video and transforming it into a more humorous and entertaining version. These products are considered derivative works. Pursuant to Clause 8 Article 4 of the Law on Intellectual Property in 2005 stipulating following regulations:

Derivative work means a work translated from one language into another; or an adapted, modified, transformed, compiled, annotated or selected work.

Pursuant to Clause 1 Article 6 of the Law on Intellectual Property in 2005 stipulating grounds for the generation and establishment of intellectual property rights:

Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered.

Pursuant to Clause 1 Article 14 of the Law on Intellectual Property in 2005 (amended by Clause 5 Article 1 of the Law on amendments to the Law on Intellectual Property in 2009) stipulating types of works eligible for copyright protection:

Literary, artistic and scientific works eligible for copyright protection include:

a/ Literary and scientific works, textbooks, teaching courses and other works expressed in written languages or other characters:

b/ Lectures, addresses and other sermons;

c/ Press works;

d/ Musical works;

dd/ Dramatic works;

e/ Cinematographic works and works created by a process analogous to cinematography (below collectively referred to as cinematographic works);

g/ Plastic-art works and works of applied ait;

h/ Photographic works;

i Architectural works;

k/ Sketches, plans, maps and drawings related to topography, architecture or scientific works;

l/ Folklore and folk art works of folk culture;

m/ Computer programs and data compilations.

Pursuant to Clause 7 Article 28 of the Law on Intellectual Property in 2005 stipulating regulations on the conduct of constituting infringement of copyright:

Making a derivative work without permission from the author or copyright holder of the work used for making such derivative work, except in the case stipulated in sub-clause (i) of article 25.1 of this Law.

Therefore, filming MV parody music videos is not legally prohibited, but it is necessary to obtain permission from the author or copyright owner or to pay royalties if there is an agreement between the parties.

Pursuant to Article 12 of the Decree 131/2013/ND-CP stipulating acts of infringing upon the right to make derivative works:

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for making derivative works without permission of the copyright holders.

2. Remedial measures:

Forcibly removing copies of the work which is infringed, in electronic form, on internet and digital environment, for violations specified in Clause 1 of this Article.

Best regards!