Recording a Performance Without the Consent of the Performer Rights Holder: What are the Penalties?

Recording a performance directly onto video without the consent of the rights owner of the performer is subject to what penalties? Copying a performance that has been recorded onto video without the permission of the rights owner of the performer is subject to what penalties? If I record a performance of a singer onto video without the permission of the event organizers, what are the penalties? Furthermore, if I have taken some recorded sources of the performance to copy without permission, what penalties am I subject to?

Recording Directly onto Video of a Performance Without the Consent of the Performance Rights Owner—What are the Penalties?

Pursuant to Article 23 of Decree 131/2013/ND-CP, amended and replaced by Clause 2, Article 3 of Decree 28/2017/ND-CP, regulations regarding acts of infringing the rights of shaping a live performance by a performer are as follows:

  1. A fine ranging from VND 3,000,000 to VND 5,000,000 will be imposed for acts of recording a live performance onto an audio or video recording without the permission of the performance rights owner.

  2. Remedial Measures:

Compulsory removal of the infringing performance copies in electronic form, on the network environment and digital technology, or compulsory destruction of the infringing materials for the acts specified in Clause 1 of this Article.

Recording directly onto video of a performance without the consent of the event organizer who holds the performance rights will result in a fine ranging from VND 3,000,000 to VND 5,000,000. Compulsory removal of the infringing performance copies in electronic form, on the network environment and digital technology, or compulsory destruction of the infringing materials.

Copying a Recorded Performance onto Video Without Permission of the Performance Rights Owner—What are the Penalties?

According to the provisions of Article 24 of Decree 131/2013/ND-CP, amended and replaced by Clause 2, Article 3 of Decree 28/2017/ND-CP, concerning acts of infringing the rights of copying a performance as follows:

  1. A fine ranging from VND 15,000,000 to VND 35,000,000 will be imposed for acts of copying a performance that has been shaped onto an audio or video recording without the permission of the performance rights owner.

  2. Remedial Measures:

Compulsory elimination of the infringing factors or removal of the copied performance in electronic form, on the network environment and digital technology, or compulsory destruction of the infringing materials for the acts specified in Clause 1 of this Article.

Thus, using the source recording of a performance for copying without permission from the performance rights owner will result in a fine ranging from VND 15,000,000 to VND 35,000,000. Additionally, remedial measures as mentioned above will be applied.

Sincerely!

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