How do I use samples in my music without infringing copyrights?

It depends on a couple of things: how you plan to use the music and whether or not the average listener will be able to identify the samples.

 

Copyright in Vietnam

Typically, you won’t have an issue if you abide by the following:

-Only use the music for personal use (as in you make absolutely no money)

-You are performing the music live (as in you are not copying and selling the music).

-If you do distribute to the public, then the average listener can’t tell what the samples are or if your use falls under the “fair use” category.

Meeting Fair Use Requirements:

-When making this determination, the courts will consider the following points:

-Did the original owner suffer financially due to your use of their samples?

-Did you totally transform the sound to create a brand new song?

-Did you take a large portion of the original song?

-Keep in mind, many of these questions are subjective and it’s not a clear cut situation by any means.

When it doubt: Ask permission. This is the absolute easiest way to avoid any kind of litigation. Reach out the the original owner and simply ask them if you can use a sample of their music to incorporate in your own. Usually you will need to obtain permission from the copyright owner of the song (publisher) and the copyright owner of the master tape (record company).

Source: Quora

ANT Lawyers – A Law firm in Vietnam has law offices in Hanoi, Ho Chi Minh City and Da Nang.  The lawyers at each law offices in Vietnam have consistently made valuable and important contributions to our profession through the cases we handled on daily basis to facilitate business transaction or represented our clients to access justice

 

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Copyright and related Right

Copyright/ related Rights Registration

Copyright is stipulated in particularly in Civil Code, Law on Intellectual Property 2005, amended and supplemented in 2009 and  Decree No. 100/2006/ND-CP: Detailing And Guiding The Implementation Of A Number Of Articles Of The Civil Code And The Intellectual Property Law Regarding The Copyright And Related Rights

 

Copyright means rights of an organization or individual to works which such organization or individual created or owns. Copyright shall arise automatically at the moment a work is created and fixed in a certain material form; irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered

As stipulations of Law on Intellectual Property in 2005, amended and supplemented in 2009, Copyright in works shall comprise moral rights and economic rights. Moral rights (except publication rights) shall be protected all whole life of authors and from 50 to 75 years since the author or the final co-author dies.

Copyright-related rightsor related rights means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals. The rights of performers shall be protected for fifty (50) years, which starts from the year following the year in which the performance is turn into a fixed form. The rights of producers of audio and video recordings shall be protected for fifty (50) years which starts from the year following the year of publication, or fifty (50) years which starts from the year following the year in which any unpublished audio and video recording is turned into a fixed form. The rights of broadcasting organizations shall be protected for fifty (50) years which starts from the year following the year in which a broadcast is made.

Like the Trademark registration, Copyright registration shall be the important legal bases to resist actions of appropriating copyright, impersonating authors, counterfeiting, infringing on copyright which lead to damage on reputation of authors.

ANT Lawyers supplies service on copyright/ related right consultant as follows:

-Advise in grounds for the generation and establishment of Copyrights; basic limitation of Copyrights/ related rights;

-Consult and implement procedures relating to copyright/ related rights registration;

-Consult, represent Clients negotiating  and drafting using agreement, assignment agreement and other contracts relating to  copyright/ related rights registration;

-Complaint decision relating to issuing copyright/ related rights certificate;

-Consult, collaborate with competent authorities in solving copyright/ related rights infringement.

ANT Lawyers – A Law firm in Vietnam has law offices in Hanoi, Ho Chi Minh City and Da Nang.  The lawyers at each law offices in Vietnam have consistently made valuable and important contributions to our profession through the cases we handled on daily basis to facilitate business transaction or represented our clients to access justice.

 

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What is the meaning of Copyright?

Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively.

 

Copyright in Vietnam

Those rights include:

-The right to reproduce the work

-To prepare derivative works

-To distribute copies

-To perform the work

-And to display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions. 

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has rights to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about. 

Moral Rights

Though moral rights are not currently recognized in the United States, they’re a major element of European copyright law and are becoming increasingly important as the Web becomes more globalized.

Moral rights are a set of rights that are separate from the author’s copyright on a piece. These rights are generally considered inalienable, which means that they can not be given away or sold, and thus persist even if the copyright to a work is completely sold.

As defined by the Berne Convention, the moral rights of an author are as follows:

-The right to claim authorship of the work

-The right to object to any distortion, mutilation or modification of the work

-The right to object to any derogatory action that may damage the authors honor or reputation

It is easy to see how moral rights can be useful in fighting plagiarism since such an act is not only a violation of the author’s copyright, if he or she holds it, but also the moral rights. It may also be useful in cases where the copyright of a work has been lost, either sold or given away, but plagiarism continues.

Source: Quora

If you're looking for an affordable IP attorneys in Vietnam, check out ANT Lawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

 

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How Copyright Related Rights Are Regulated?

Copyright related rights (hereinafter referred to as related rights) means rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmers. Related rights shall arise at the moment of the above subject matters are fixed or displayed without causing loss or damage to copyright. Principally, related rights are protected by state agency even without the registration. However, the related right owner still may perform the registration procedures for being granted of copyright related right certificate by state agency. The copyright related rights registration could also be assisted by IP attorney in Vietnam.

 

Copyright in Vietnam

Which individuals/organizations are eligible for protection of related rights?

The three following subjects are entitled for being protected copyright related rights (i) actors and actresses, singers, instrumentalists, dancers and other persons who perform literary and artistic works (hereinafter all referred to as performers); (ii) organizations and individuals who own performances; (iii) organizations and individuals who fix for the first time the sounds and images of performances or other sounds and images (hereinafter all referred to as producers of audio and visual fixation); (iv) organizations which initiate and carry out broadcasting (hereinafter referred to as broadcasting organizations).

The specific subject matters of copyright related rights which are protected under the law of Vietnam are:

Firstly, performance shall be protected if they fall into one of the following categories (i) it is made by Vietnamese citizens in Vietnam or abroad; (ii) it is made by foreigners in Vietnam; (iii) it is formed on audio and visual fixation; (iv) it has not yet been formed on audio and visual fixation but have already been broadcast (v) it is protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

Secondly, audio and visual fixation shall be protected if it falls into one of the following categories (i) it belongs to audio and visual fixation producers bearing Vietnamese nationality; (ii) it belongs to audio and visual fixation producers protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

Thirdly, broadcasts and satellite signals carrying coded programmers shall be protected if they fall into one of the following categories (i) they belong to broadcasting organizations bearing Vietnamese nationality (ii) they belong to broadcasting organizations protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

It is necessary to take note that the above subject matters are only be protected in the condition that they are not prejudicial to copyright.

 

If Client needs any more information or request for legal advice regarding copyright related right or other matters of intellectual property, IP attorney in Vietnam at ANT Lawyers could assist.

ANT Lawyers - a Law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

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