Notable Issues On Using Online Music For Business Activities In Vietnam.

12 January 2022
 

Writer: Thu Tran

 

Using online music for business activities is a concerning matter in Vietnam. Accordingly, users of online music for business activities need to note currently some legal issues on the copyright and related rights (“Copyright”).

 

Through this article, BLawyers Vietnam would like to provide 03 notable issues on using online music for business activities in Vietnam as follows:

 

1. Obligation to ensure no Copyright infringement for using online music

 

Organizations setting up social networks and websites are obliged to implement intellectual property regulations relating to the provision and use of information. If these organizations implement the following acts, they must compensate for damage due to Copyright infringement:

 

1. publishing, transmitting or supplying content of digital information by Internet and telecommunication network and editing, truncating, copying content of digital information in any manner without permission of author, copyright owner, performer, producer of audio and visual fixation, broadcasting organization (“Copyright Holder”);

 

2. intentionally canceling or disabling technical measures performed by the Copyright Holder for protection of Copyright;

 

3. being secondary distribution sources of digital information content due to Copyright infringement.

 

In addition, users of social networks, websites infringed the Copyright for using online music will be warned, deleted and removed contents by organizations setting up social networks and websites.

 

Regarding users of online music for business activities without social networks or any websites that infringe the Copyright will be sanctioned as prescribed. For example, individuals who use music without paying the Copyright Holder shall be fined from VND5,000,000 to VND15,000,000 or copy music without permission shall be fined from VND15,000,000 to VND35,000,000, depending on the severity of the violation. Twice of such fine will be applied to organizations.

 

2. Permission and payment of royalties and remuneration 

 

For published online music that is used directly or indirectly by organizations or individuals for:

 

1. commercial purposes in making broadcasts which are sponsored, advertised or charged in any forms;

 

2. business and commercial activities such as restaurants, hotels, shops and department stores; in establishments providing karaoke, post, telecommunications or digital environment services; in tourist, aviation, and mass transit activities.

 

must not to request permission but pay royalties and remuneration as agreed to the Copyright Holder the from the time of use.

 

Except for the activities (i), (ii) as above, organizations or individuals using online music in other business activities must request permission and pay royalties and remuneration as prescribed.

 

3. Behaviors that are not implemented when using online music for business activities

 

Organizations and individuals using online music for business activities in Vietnam must not implement the Copyright infringement acts such as: 

 

1. Impersonating the Copyright Holder;

 

2. Publication and distribution without permission of the Copyright Holder;

 

3. Modifying, editing or distorting a work in any way which prejudices the honor and reputation of the Copyright Holder;

 

4. Copying, using or leasing a work without permission, without payment of royalties, remuneration and other material benefits by law;

 

5. Duplicating, producing copies of, distributing, displaying or communicating a work to the public via a communications network or digital means without permission from the Copyright Holder;

 

6. Intentionally canceling or disabling technical measures performed by the Copyright Holder for protection of Copyright or deleting, changing electronic information in a work regarding management of the rights to such work; or

 

7. Implementing other violations as prescribed.

 

Organizations/ individuals that infringe the Copyright when using online music for business activities in Vietnam will be dealt with by civil, administrative or criminal measures depending on the level of the violation.