Artists talk about free music distribution in pubs: Does not mean free use

ĐÔNG DU |

Artists may not collect money when cafes and restaurants play music, but that is not enough for businesses to use the work as they please.

Many artists Noo Phuoc Thinh, Nguyen Van Chung, Thanh Hung, producers of "Tinh Ha say hi" have granted free use rights for background music at business locations nationwide.

The above policy appears in the context that the obligation to pay copyright fees when using music at business locations receives much attention.

Talking to Lao Dong Newspaper, singer Noo Phuoc Thinh said that he feels happy when his songs are played in public places, so he does not want to emphasize copyright issues in this case.

The spirit is still that I feel happy when my songs are played in public places, so I will not raise the issue of copyright," the male singer shared.

However, Noo Phuoc Thinh also emphasized that there are products where he holds full rights, but some songs are also related to the rights of authors and other parties, so many things must be considered reasonably.

Musician Nguyen Van Chung also said that the free policy must specifically define the subjects, purposes, scope and time limit.

Everything must have a deadline, nothing is forever or permanent. The free music broadcast must have a purpose, depending on each case and with a clear scope," Nguyen Van Chung told Lao Dong Newspaper.

According to the male musician, if music is provided freely indiscriminately, this policy may inadvertently make users underestimate the value of creativity and slow down the process of raising copyright awareness. Free music should only be a solution for each case, instead of becoming a reason for anyone to exploit the work.

Previously, Nguyen Van Chung announced the exemption of copyright in some non-commercial activities, mainly related to education, community and preservation of memories. This list does not include restaurants being allowed to arbitrarily use his compositions for business purposes.

Nguyễn Văn Chung. Ảnh: Nghệ sĩ cung cấp.
Nguyen Van Chung. Photo: Artist provided.

A song has many layers of power

Analyzing with Lao Dong Newspaper, lawyer Truong Van Tuan (Trang Sai Gon Law Office) said that the phrase "free music streaming" easily makes businesses understand that as long as an artist agrees, they can use the song in any form. In fact, this is a risky understanding.

A music product can simultaneously have the rights of the composer, copyright owner, performer, performer and record producer. These are independent rights groups. An entity can only waive money or license the rights owned by it.

For example, a singer may agree not to collect money for the performance, but does not have the right to replace the musician to decide copyright. Conversely, the author allowing the free use of the song does not mean that a recording invested and produced by another company can be used freely.

It is necessary to determine whether the author is the author, copyright owner, performer or record producer, because each subject has a different scope of rights," lawyer Tuan said.

Being opened at the bar does not mean being taken for advertising

If the owner only allows the release of a specific recording as background music, the business establishment must use the correct recording and designated source. Downloading music from an unofficial account may infringe on the rights of the recording producer, even if the singer has agreed not to charge.

The rights to playback music also do not include the rights to copy, download, store, edit, or remix. When changing a work, users may be involved in the rights to make derivative works and the rights to protect the integrity of the work.

The risk is even greater if the song is included in advertising videos, food introduction clips, or brand communication campaigns. This is a new exploitation purpose, which may generate copyright for copying and conveying the work to the public. Playing music at a shop does not automatically allow the brand to use the song to promote the product.

ĐÔNG DU
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