Copyright protection remains a persistent issue within the domestic music industry, with authorities handling numerous cases of copyright and related rights infringement. A prime example is the prolonged dispute over the song "Ganh Me" between poet Truong Minh Nhat and musician Quach Beem.

Mr. Nhat stated that he composed the poem before it was set to music but did not register the copyright from the outset. In court, he presented extensive documentation to prove his creative process. After a lengthy legal battle, in 2023, the court recognized Mr. Nhat as the author and owner of the poem and the song's lyrics.

Similarly, the dispute over Giang Son's song "Giac Mo Trua" highlighted other issues in managing recording rights. The musician recounted dedicating 5 years to reclaim ownership and honor, ultimately winning her case in late June.

According to lawyer Le Quang Vy of the Media and Entertainment Consulting Group at YKVN Law Firm, copyright and related rights are automatically protected by law, independent of registration. However, he emphasized that "having rights is one thing, proving and protecting them is another." Current cases in the music industry indicate that beyond identifying the author, parties must clarify recording ownership, transfer agreements, and the scope of exploitation.

When disputes arise, the rights holder must provide documentation to prove their authorship or ownership. This can become complex if parties disagree on the creator, owner, or the work's creation time.

A copyright or related rights registration certificate is crucial evidence for establishing rights. According to Mr. Vy, registration reduces the burden of collecting documents and facilitates the owner's efforts to address infringement or initiate legal action. "One should not wait until a dispute arises to consider copyright registration," Mr. Vy advised. He stressed that this is a proactive way to build a rights portfolio rather than scrambling for evidence when problems occur.

Furthermore, copyright and related rights protection is territorial. The scope of protection and enforcement methods in each country are governed by its national laws and relevant international treaties. For works with significant investment or international release plans, owners must consider the markets where the work will be exploited.

For instance, in the United States, home to many major online platforms, a Vietnamese registration certificate can still serve as evidence. However, registration in the US may offer greater convenience when owners engage with platforms or participate in dispute resolution processes in that country.

A common mechanism used in the US is requesting the removal of infringing content under the Digital Millennium Copyright Act (DMCA). Upon detecting unauthorized use of their work, rights holders can send a notice to the platform requesting the removal or disabling of access to the alleged infringing content. Clear documentation of rights can significantly support this process.

Transparent copyright registration also helps authors secure revenue. According to Mr. Nguyen Ho Hai Long, General Director of VIEENT, a digital music distribution specialist, when a work or recording lacks complete rights information, platforms may struggle to identify the recipient, leaving revenue in an unassigned state.

For related rights concerning sound recordings, Mr. Long noted that funds generated during periods of unidentified ownership are nearly impossible to recover. For author rights, some platforms have recovery mechanisms, but this process often takes time and involves multiple steps. "Establishing ownership from the moment of publication is the way to receive revenue early, to the right person, and to avoid disputes and losses," he said.

When two parties both claim rights to a song, platforms may temporarily withhold revenue until the dispute is resolved. Funds from a widely exploited work can be frozen during this period.

Mr. Long emphasized that before release, all parties must agree in writing on the author, royalty split, recording owner, and scope of exploitation.

Work identification information also requires consistent management across platforms, including the author's name and codes such as ISRC (International Standard Recording Code), ISWC (International Standard Musical Work Code), and IPI (Interested Party Information). Accurate data helps platforms correctly identify revenue recipients and minimizes conflicts when works are exploited in multiple markets. "Each song, each recording is an asset generating cash flow, and rights data is the title deed to that asset," Mr. Long stated.

Ha Thu