As Vietnam’s music industry continues to grow rapidly, resolving disputes over sound recording ownership and music copyright has become more urgent than ever. Do you clearly understand who owns the rights, the legal risks you may face, and how to protect your interests? Let’s explore how to shield yourself effectively in Vietnam’s legal environment.

1. Overview of disputes in Vietnam

1.1 Key concepts and related-rights holders

First, let’s clarify the terminology: alongside copyright in musical works, Vietnamese law also recognizes related rights in sound and video recordings—i.e., the rights of the producer or the entity that fixes the sounds.
Specifically, under the Law on Intellectual Property, a sound recording is “a fixation of sounds of a performance or other sounds” and is protected when certain conditions are met (for example, first fixation/production, Vietnamese nationality, or protection under international treaties to which Vietnam is a party).
For musical works, copyright arises as soon as the work is created and expressed in a tangible form—regardless of whether it has been registered or published.

1.2 Common causes of disputes

In Vietnam, many disputes stem from uncertain ownership, non-transparent transfers of rights, or the use of recordings/works without permission.
For example, recent reporting notes that music copyright enforcement remains “murky,” with disputes between major entities over reproduction and digital communication rights on online platforms.
Other causes include: limited awareness among artists or producers about copyright and related rights; unclear contractual clauses; and ambiguity about ownership where there are co-authors or joint owners.

1.3 Legal risks and consequences

When disputes break out in Vietnam, potential consequences include:

Rightsholders may lose revenue from reproduction, distribution, or communication of works or recordings.
Unauthorized use of recordings or works may trigger administrative, civil, or even criminal penalties under Article 225 of the amended 2015 Criminal Code (infringement of copyright and related rights).
Enforcement difficulties arise when copyright/related-rights contracts are unclear or there is no registration evidence—weakening a party’s position in Vietnam.
Long-term fallout: reputational damage to artists and producers; reduced transparency that hinders the sustainable development of Vietnam’s music industry.

2. Legal and practical solutions – Why you should act now in Vietnam

2.1 Identify rightsholders and draft clear contracts

A crucial first step is to determine who owns the copyright and who owns the sound recording in Vietnam.

Copyright: The author acquires rights immediately upon creating the musical work—even without registration.
Related rights in sound recordings: Producers of sound/video recordings hold exclusive rights to reproduce, distribute, lease, and broadcast.

Therefore, when contracting among authors, performing artists, recording producers, and distributors, you must specify: whether the transaction is a transfer of ownership or a license to use; how revenues are shared; and how ownership is defined in cases of co-authorship or joint production. This prevents later disputes when rights are assigned or exploited in Vietnam.
Contracts should be in writing and clear on term, scope, payment method, and territory, since under the IP Law, assignments of copyright and related rights must be made in writing.

2.2 Dispute resolution and practical protection

When a dispute arises in Vietnam (e.g., an entity exploits a recording/work without permission), the rightsholder should:

Collect evidence: contracts, assignment records, payment receipts, original recordings/masters, and proof of ownership. Although copyright arises automatically, registration or clear documentation provides a strong evidentiary advantage.
Negotiate and mediate: in many cases the infringing party may agree to apologize, cease the infringement, and compensate damages.
Litigate or seek enforcement: if talks fail, file suit with a competent court or request administrative/criminal handling under the IP Law and Criminal Code. For example, in 2024, collective rights bodies in Vietnam pursued multiple cases involving infringement of copyright and related rights.
Preventive measures: update contracts and consider registering copyright or related rights (not mandatory but valuable as proof) in Vietnam.

2.3 The role of collective management and digital platforms

In Vietnam, digital release, streaming, YouTube, and social media make copyright and recording disputes more complex. Recent articles emphasize that enforcement remains “unclear,” especially when digital platforms are involved.
Organizations such as the Vietnam Centre for Protection of Music Copyright (VCPMC) play a key role in collective management—collecting royalties and distributing them to authors and related-rights owners.
Accordingly, when signing contracts, pay special attention to licensing for digital use and online exploitation, cross-border distribution, and require the exploiting party to provide reporting, timely payment, and legal responsibility for violations.

3. Conclusion

Disputes over sound recording ownership and music copyright in Vietnam are not merely technical issues—they directly affect the reputation, revenue, and long-term growth of artists, producers, and investors. Identifying the correct rightsholders, drafting precise contracts, registering protection where appropriate, and proactively handling disputes are decisive steps to build a legal “safe zone” for your creative and business activities in Vietnam.

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Disputes over Sound Recording Ownership and Music Copyright in Vietnam