What are penalties for karaoke service playing copyrighted music videos for business purposes without paying royalty to the copyright owners in Vietnam? What are penalties for YouTube channels broadcasting football matches without permission from the broadcasting organization?
If a karaoke service plays my copyrighted music videos for business without my permission, how will they be penalized when I report them? I am a YouTuber, my channel reposts football programs without permission from anyone, how will I be fined?
Pursuant to Article 29 of Decree 131/2013/ND-CP amended and replaced by Clause 2, Article 3 of Decree 28/2017/ND-CP regulates the acts of using phonograms or video recordings already published for commercial purposes as follows:
1. 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.
2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for any of the following violations:
a) 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;
b) 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.
3. 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.
4. Remedial measures:
Forcibly removing copies of phonogram, video recording, in electronic form, on in the network environment, for acts specified in Clause 2 and Clause 3 of this Article.
Thus, karaoke bars that play copyrighted music videos for business but do not pay the copyright owner will be fined from 15,000,000 VND to 25,000,000 VND. In addition, the above remedial measures are also applied.
According to regulations from Article 30 of Decree 131/2013/ND-CP on acts of infringing upon the right to broadcast or rebroadcast broadcasts as follows:
1. A fine of between VND 70,000,000 and 100,000,000 shall be imposed for acts of broadcasting or rebroadcasting a broadcast without permission of the right holder of the broadcasting organization.
2. Remedial measures:
Forcibly removing copies of fixed broadcasts which are fringed in electronic form, on the Internet and digital environment for violations specified in Clause 1of this Article.
According to this Article, if you repost a football program on the YouTube channel but does not have permission from the rights owner of the broadcasting organization, you will be fined from 70,000,000 VND to 100,000,000 VND. In addition, remedial measures for the above consequences are also applied.
Best regards!