Money flow from music copyright exploitation seen from BH Media, May Lang Thang cases

Vân Chi |

Protecting copyright and authors' rights is protecting property, making transparent the flow of money exploiting music in the digital space.

On May 16, the Ministry of Public Security announced that the Investigation Police Agency had simultaneously prosecuted 5 cases related to the act of "Infringing copyright and related rights" under Article 225 of the Penal Code.

This is considered a strong crackdown, creating a historical milestone for the "ecosystem" of companies illegally exploiting music copyright and copyright in the digital space.

Money flow exploiting copyright in the digital space

BH Media, Lululola, 1900 Group, May Sai Gon (producing the May Lang Thang program series), The Voice of Life - these units are likened to 5 links of the supply chain operating in the digital music market.

In which, technology companies such as BH Media buy recordings and videos from production units, organize intermediate shows, and then attach "Content ID" to exploit in cyberspace.

Digital music platforms like YouTube apply international intellectual property law, handle disputes by automation algorithms, and prioritize "Content ID" registrants first.

The automation system of music platforms like YouTube uses an automated system (Content ID) that operates based on the audio files provided.

This system usually only recognizes the copyright of recordings (specific audio parts released by a singer/disque company) but does not automatically distinguish the original copyright of the author (the composer of the melody, lyrics).

Taking advantage of this, production and show organizing companies only buy copyrights once (for the performance night), then record audio and video, release them on digital space, and resell them to companies like BH Media without paying additional copyright fees.

BH Media continues to take advantage of buying recordings and videos from intermediary production units (not working directly with the author) but exploiting the work as if they have bought exclusive rights to the work. The "Night Dream" case with Giang Son is a typical example.

When units connect with each other, it will create "ecosystem power" to manipulate loopholes in copyright control to create illicit cash flow.

Talking to Lao Dong reporters, many musicians admitted that they are being widely copyright infringed. "I have no way to manage and control all copyright infringement acts with my works" - musician Ngo Lan Huong, author of "Going Between Bright Skies" said.

Musician Dong Thien Duc said that tightening the handling of copyright infringement acts is necessary in the context of an increasingly strong creative economy.

In my opinion, the continuous cases of copyright infringement being prosecuted shows a very clear signal: intellectual property rights in Vietnam are gradually being seen as a'real asset', no longer a formal concept.

And the strong handling by functional agencies also shows that the State wants to build a more professional and internationally integrated cultural industry.

According to musician Dong Thien Duc, tightening management and protection of music copyright in the digital space is very necessary in the context of an increasingly developing creative economy, when the value of intellectual property and ideas can be greater than tangible assets.

Copyright protection not only helps protect creators but also creates a fair competitive environment.

A musician, singer or producer will hardly have the motivation to invest seriously if their products are continuously copied and illegally exploited without protection" - musician Dong Thien Duc said.

(Từ trái qua) Các bị cáo Võ Hoàng Việt và Nguyễn Trung Trường Huy, Giám đốc Công ty TNHH Mây Sài Gòn, Diệp Văn Lập (ca sĩ Quang Lập, chủ Trung tâm Giọng ca để đời), Ông Võ Văn Nam, Giám đốc Công ty TNHH Lululola Entertainment, đơn vị tổ chức chuỗi Lululola Show bị khởi tố
(From left to right) Defendants Vo Hoang Viet and Nguyen Trung Truong Huy, Director of May Sai Gon Co., Ltd., Diep Van Lap (singer Quang Lap), owner of The Voice of Life Center, Vo Van Nam, Director of Lululola Entertainment Co., Ltd., the organizer of the Lululola Show chain. These units can link up, creating illegal money flow when exploiting music copyright in the digital space. Photo: Police Agency

Copyright is the core value of the creative economy

Talking to Lao Dong reporters about the current situation of copyright infringement in the digital space, musician Hua Kim Tuyen said: "The fact that functional agencies continuously take action to handle copyright infringement cases is a positive sign for the Vietnamese cultural industry.

According to musician Hua Kim Tuyen, Vietnam is a country strongly developing in the cultural industry, and copyright issues are also one of the core and essential issues to ensure the rights of those who create works.

Vietnam's cultural industry can integrate internationally when intellectual property rights are recognized and protected.

Assoc. Prof. Dr. Bui Hoai Son - said that protecting the copyright of works - is a prerequisite for the cultural industry to break through.

Copyright is the asset of the creative economy, is the core value. When copyright is protected, it is when the creative economy is prioritized, cared for, invested in and created a legal corridor to create an "ice rink" for the creative economy to break through.

Nhạc sĩ Hứa Kim Tuyền (trái) và nhạc sĩ Đông Thiên Đức (phải) đều nhận định việc siết chặt xử lý các hành vi xâm phạm bản quyền là điều cần thiết. Ảnh Nghệ sĩ cung cấp
Musician Hua Kim Tuyen (left) and musician Dong Thien Duc (right) both believe that tightening the handling of copyright infringement acts is necessary to preserve creative values in cyberspace. Photo: Artist provided

Vân Chi
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