What is the latest form of copyright registration for works of music in 2024 in Vietnam?

What is the latest form of copyright registration for works of music in 2024 in Vietnam?

In form No. 04 issued with Circular 08/2023/TT-BVHTTDL, there is a sample declaration for copyright registration for works of music.

See details of the copyright registration declaration form for works of music issued with Circular 08/2023/TT-BVHTTDL here.

What is handling for copyright infringement of works of music in Vietnam?

In Decree 131/2013/ND-CP, there are regulations on administrative penalties for violations as follows:

Acts of infringing upon the right to reproduce works ( Article 18 of Decree 131/2013/ND-CP amended by Clause 2, Article 3 of Decree 28/2017/ND-CP):

- A fine of between VND 15,000,000 and 35,000,000

- Remedial measures:

Forcibly removing copies of the work which in infringed, in electronic form, in the network and digital environment, or forcible destruction of material evidence of violation.

Acts of using phonograms or video recordings already published for commercial purposes (Article 29 of Decree 131/2013/ND-CP amended by Clause 2, Article 3 of Decree 28/2017/ND-CP):

- A fine of between VND 5,000,000 and 10,000,000

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 

+ 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

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, in the network and digital environment, for acts specified in Clause 2 and Clause 3 of this Article.

What is the latest form of copyright registration for works of music in 2024 in Vietnam? (Image from the Internet)

What does application for registration of copyright for a work of music include in Vietnam?

In Article 50 of the 2005 Intellectual Property Law, amended by Clause 14, Article 1 of the 2022 Amended Intellectual Property Law, there are regulations on application for registration of copyright as follows:

Application for registration of copyright and related rights

1. Authors, owners of copyright and related rights may directly or authorize other organizations or individuals to submit applications for registration of copyright or related rights to copyright authorities, whether in person, by post or on National Public Service Portal.

2. An application for registration of copyright or related rights consists of:

a) The application form.

The declaration form must be written in Vietnamese and contains information about the applicant, the author, the owner(s) of copyright or related rights; completion time; summarized content of the work, performance, audio recording, video recording or broadcast; the name of the author, copyright owner, the work used for creation of the derivative work if the work to be registered is a derivative work; time, location and form of publication; information about re-grant or replacement (if any); commitment to take responsibility for information provided in the declaration form. The declaration must bear the signature or fingerprints of the author, owner of copyright, owner of related rights, unless they are not physically capable of signing or appending fingerprints.

The Minister of Culture, Sports and Tourism shall prescribed the declaration form for registration of copyright or related rights;

b) Two copies of the work that is the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration;

c) Authorization letter if the applicant is an authorized person;

d) Documents proving ownership of artistic freedom or assignment of creativity works, creativity contract, inheritance of rights, transfer of rights;

dd) Written consent of the co-authors in the case of a work under joint authorship;

e) Written consent of the co-owners if the copyright or related rights are jointly owned.

3. The documents stipulated in Points c, d, dd and e of this Clause must be written in Vietnamese. Documents in other languages must be translated into Vietnamese.

Thus, the application to register copyright for works of music in Vietnam includes the following documents:

- Copyright registration declaration for musical works

- Two copies of the work;

- Authorization letter if the applicant is an authorized person;

- Documents proving ownership of artistic freedom or assignment of creativity works, creativity contract, inheritance of rights, transfer of rights;

- Written consent of the co-authors in the case of a work under joint authorship;

- Written consent of the co-owners if the copyright or related rights are jointly owned.

Best regards!