Through a reporter's survey, many questions are being raised about music copyright fees (including copyright and related rights) for coffee shops.
When was the collection of music copyright fees with coffee shops implemented? How is the fee calculated? Why do coffee shops have to pay money when they have purchased music usage packages on digital platforms?...
Not until July 1, 2026 to pay copyright fees
From July 1, 2026, when the base salary increases to 2.53 million VND/month, leading to the level of music copyright fees for many businesses being recalculated according to the formula specified in Appendix II issued with Decree 17/2023/ND-CP, amended and supplemented by Decree 134/2026/ND-CP.
This information makes many coffee shop and restaurant owners worried about increased operating costs.
Many people believe that they have paid fees for music listening platforms such as Spotify, YouTube Premium or Apple Music, so they do not need to pay more royalties.
Talking to Lao Dong Newspaper, lawyer Hoang Ha (Ho Chi Minh City Bar Association) said that this is an inaccurate understanding.
According to the lawyer, in essence, when a coffee shop or restaurant plays music to serve customers, it is no longer a personal music listening act, but music has become a part of business operations.
Music at this time is used as part of business services, contributing to creating space, retaining customers and creating commercial benefits.
Therefore, the copyright owner for songs, recordings, and performances has the right to be paid for copyright and remuneration according to the Law on Intellectual Property," Lawyer Hoang Ha said.
The lawyer also emphasized that many people are misunderstanding the July 1 deadline. In fact, the obligation to pay copyright fees does not arise until July 1, 2026.
The new point that needs to be understood correctly is that it is not until July 1, 2026 that the law begins to require payment of copyright fees. This obligation has been set out in the Law on Intellectual Property and Decree 17/2023/ND-CP.
The milestone 1.7 is mentioned a lot because the base salary has increased, while royalties are calculated according to the base salary multiplied by the adjustment coefficient, so the amount to be paid may change," the lawyer analyzed.
Buying Spotify, Apple Music does not mean having the right to play music for customers
According to lawyer Hoang Ha, one of the common misunderstandings today is that shop owners believe that having paid Spotify, YouTube Premium or Apple Music fees, they have fulfilled their copyright obligations.
However, this fee is only the cost for individual users to access and use the service according to the platform's conditions.
Spotify, YouTube Premium or Apple Music fees should not be understood as'paying enough royalties for the store'. That fee is mainly money for individuals to access and listen to music on the platform's terms.
When a bar plays music for customers in a business space, music becomes part of a commercial service, so copyright fees and remuneration must still be paid to the rights holder according to the provisions of law," the lawyer said.
Lawyer Hoang Ha also said that the copyright fee does not depend on whether the facility uses Spotify or YouTube, but is calculated according to the tariff specified in Appendix II of Decree 17/2023/ND-CP.
Accordingly, the general formula is that the annual copyright fee is equal to the base salary multiplied by the adjustment coefficient.
This coefficient depends on the type of business, area, capacity or business location. For cafes, refreshments and restaurants, the fee is mainly calculated based on the total area used.
Lawyer Hoang Ha also noted that this amount is not to be paid to the State as a tax but is paid to the copyright owner or collective representative organizations for authorized copyright and related rights.
When paying, the shop owner needs to request a contract, invoice, scope of work and clear authorization basis.
The Copyright Office currently also publicizes the list of collective representative organizations for copyright and related rights in Vietnam so that business establishments can compare before signing and paying," Lawyer Hoang Ha said.
