For many years, the small barbershop of Ms. Tran Thanh Hoa and her husband in the suburbs of Hanoi has maintained a familiar habit: every morning playing a few songs from a phone or desk computer with an external speaker to both work and create a pleasant atmosphere in the shop.
However, in recent days, when information about restaurants and cafes having to pay music copyright fees has been widely spread, Ms. Hoa began to wonder whether her hair salon is subject to fees or not.
I turn on music in the shop mainly for myself to listen to. Customers come for haircuts and listen together, no one asks to turn on music, and it's not for music business either. I also don't know if I have to pay copyright fees or not, because no one has ever come to collect fees before," Ms. Hoa shared.
Not only Ms. Hoa, many clothing store owners, nail salons, spas or small businesses also raise similar questions. According to them, music is only a part of the working space, not a service sold to customers, so whether to pay copyright fees is still quite unclear.
Talking to Lao Dong Newspaper, Lawyer Pham Quoc Bao - Bao Ngoc Law Company (Hanoi Bar Association) said that according to current regulations, whether customers listen to music actively or passively is not a basis for determining the obligation to pay copyright fees.
The lawyer pointed out: "Point b, Clause 1, Article 33 of the Law on Intellectual Property stipulates that organizations and individuals using published audio and video recordings for commercial purposes in business and commercial activities are not required to apply for permission but must pay copyright fees as agreed".
In addition, Article 34 of Decree 17/2023/ND-CP specifically stipulates the types of use of works, audio and video recordings in business activities that must pay copyright fees, including restaurants, cafes, hotels, stores, supermarkets, commercial centers, health - aesthetic care facilities... and also "business and commercial activities of similar nature".
This regulation covers hair salons, clothing stores, showrooms... not only limited to restaurants or cafes as many people still think. The law also does not set conditions for customers to listen proactively or passively, nor does it distinguish by business line," Lawyer Pham Quoc Bao analyzed.
According to the lawyer, in case the parties cannot agree on the fee level, the copyright fee is determined according to Appendix II of Decree 17/2023/ND-CP, which has been adjusted by Decree 134/2026/ND-CP, with the formula: Copyright fee/year = Base salary × Adjustment coefficient, depending on the area of the business establishment. For the group of stores and showrooms, the maximum level is 5 times the base salary each year.
The lawyer also noted that after 90 days from the start of use without fulfilling the copyright payment obligation, the business establishment must stop playing music. If it continues to use it, the establishment owner may be handled according to the provisions of law.
According to lawyer Pham Quoc Bao, a common reality today is that many small businesses open music from personal accounts on YouTube, Spotify or other music listening platforms and believe that after paying service fees, they can use it in stores. However, a license for individual users does not mean the right to use music in business operations.
To ensure compliance with regulations, establishments should contact copyright and related rights representative organizations to fulfill their copyright payment obligations, instead of thinking that just playing music to listen should be exempted," the lawyer recommended.
