The Criminal Investigation Department for Corruption, Economic, and Smuggling Crimes (C03) under the Ministry of Public Security recently initiated legal proceedings against Nguyen Hai Binh, General Director of BH Media Company and Vice Chairman of the Vietnam Association for Creative and Copyright; Diep Van Lap (singer Quang Lap); and 5 others. They are being investigated for infringing copyright and related rights, offenses under Article 225 of the Criminal Code.
Initial findings by C03 indicate that legal entities owned by these individuals signed contracts with various tea rooms and music event organizers. They then recorded and filmed musical works, edited and duplicated them into multiple versions, and uploaded them to YouTube channels for profit. However, this usage was carried out without the permission of the authors and owners of related rights.
This case is seen by many experts as a warning about the widespread infringement of intellectual property rights, particularly in the digital music sector.
Uploading music online for profit is no longer just 'for fun'
According to lawyer Le Dung from the Ho Chi Minh City Bar Association, copyright and related rights are intangible assets with significant commercial value, facing increasingly sophisticated infringement risks in the digital realm.
Le Dung states that acts of infringing copyright and related rights can result in civil lawsuits, administrative penalties, or criminal prosecution, as demonstrated by the recent C03 indictment.
Infringing acts involve intentionally copying works, sound recordings, or video recordings, or distributing copies to the public without the consent of the copyright owner and related rights holders.
In the digital environment, copying can include unauthorized digitization, downloading, cropping, or editing of audio and video files. Distribution refers to disseminating copies of works on the Internet, social media, or unauthorized streaming platforms.
However, not every infringing act leads to criminal prosecution. The law requires the act to reach a certain scale or cause a specific level of damage.
Specifically, infringing copyright and related rights protected in Vietnam can result in criminal liability when conducted on a commercial scale or causing monetary damage.
The quantitative thresholds include: illicit gains from 50 million VND to under 300 million VND; damages to copyright owners or related rights holders from 100 million VND to under 500 million VND; or infringing goods valued from 100 million VND to under 500 million VND.
Concurring with this view, Dr. Nguyen Thai Cuong from Ho Chi Minh City University of Law noted that copyright arises from the moment a work is created and expressed in a specific material form. However, a certificate of copyright registration serves as important legal evidence, helping to quickly prove ownership during disputes or when requesting digital platforms to remove infringing content.
"Digital platforms are not a legal gray area. Many still believe that uploading to YouTube, TikTok, or Facebook is merely content sharing. But if there are elements of monetization, advertising, attracting viewers, or commercial exploitation, it becomes an entirely different matter", Dr. Cuong explained.
He added that if the infringing act causes damage to the author or owner, it can be fully prosecuted under intellectual property and criminal law.
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A scene from the music video 'Cham Khe Tim Anh Mot Chut Thoi' starring Noo Phuoc Thinh.
From MV removal and apologies to the risk of criminal prosecution
Lawyer Duong Viet Co from the Ho Chi Minh City Bar Association stated that in addition to monetary damage, Article 225 of the Criminal Code also stipulates that infringing copyright and related rights on a "commercial scale" can constitute a crime.
However, he noted that current law lacks specific regulations to define what constitutes a "commercial scale". The absence of criteria such as the number of copies distributed, public reach, or traffic volume can complicate prosecution for legal authorities.
Regarding administrative penalties, lawyer Co mentioned that individuals or organizations committing infringements could be penalized under Decree 341/2025. For example, creating a derivative work without the copyright owner's permission may incur a fine of 10-20 million VND. Publicly performing a work without permission could result in a fine of 30-50 million VND.
According to experts, most copyright disputes in music have historically been resolved through civil proceedings or compensation agreements.
For instance, in late January, the Ho Chi Minh City People's Court heard a dispute between American musician Zack Hemsey and singer Nguyen Phuoc Thinh (Noo Phuoc Thinh). The musician alleged that the singer used his work "The Way" as background music for the MV "Cham Khe Tim Anh Mot Chut Thoi" without permission, demanding the MV's removal, a public apology, and 850 million VND in compensation.
However, the Ho Chi Minh City People's Court determined that Noo Phuoc Thinh was not the owner of the MV, the YouTube channel, or the user of "The Way" recording, thus rejecting the lawsuit. The plaintiff has appealed, and the appellate court has not yet scheduled a hearing.
Another case involved the art performance program "Dem Viet Nam 7 - Chuyen cua mua Dong". In late March 2024, the Hanoi High People's Court ordered the organizing entity to compensate members of the Vietnam Center for Protection of Music Copyright (VCPMC), who are copyright owners, 65 million VND and issue a public apology for using 20 musical works without the authors' consent.
Notably, Lululola Entertainment Co., Ltd., one of the entities linked to the case recently prosecuted by the Ministry of Public Security, had previously been sued by VCPMC at the Lam Dong Provincial People's Court. However, in July 2025, the court dismissed the case after VCPMC voluntarily withdrew its lawsuit.
Dr. Nguyen Thai Cuong noted that many musicians, after composing, typically authorize copyright protection centers or transfer commercial exploitation rights to media companies, record labels, or digital platforms. However, instances of works being copied, edited, and commercially exploited without the author's or owner's consent still occur.
He attributes this to many authorization agreements lacking clear stipulations on who has the right to create derivative products, who can sublicense, platform limitations, exploitation duration, or territorial scope. This can lead exploiting entities to "infer" they have full usage rights.
"Accompanying this is the limited method of digital asset management. Many authors or authorized entities lack effective digital data monitoring systems, making early detection of infringements difficult", Dr. Cuong stated.
Lawyer Co also noted that not all copyright infringement cases causing tens or hundreds of millions of VND in damages result in criminal prosecution. Assessment also depends on the nature, motive, and purpose of the act.
"Typically, in copyright infringement cases involving musical products, infringing organizations or individuals often admit to using, copying, or editing without permission. In such instances, authors or owners usually prioritize demanding compensation and a public apology over requesting criminal prosecution", he said.
The Vietnam Center for Protection of Music Copyright (VCPMC), an affiliate of the Vietnam Musicians' Association, represents, manages, exploits, and protects the copyrights of musicians and musical work owners who have signed authorization contracts with the center.
By early 2026, VCPMC had 7,207 authorized authors. Annually, the center handles and litigates dozens of copyright infringement cases related to performance, copying, broadcasting, and communication of musical works. In 2025 alone, VCPMC collected over 424 billion VND in music copyright usage fees.
Hai Dang
