Typical legal risks in AI music
AI cover music is an AI-generated recording based on existing musical works, which can retain the melody, lyrics or "clone" the real singer's voice. Meanwhile, Vietnamese law considers the use of melodies or song structures to create new versions as a "devedite work", only legal if allowed. voice cloning (copying or recreating a person's voice using AI technology) is an act of violating human rights, because the voice can be identified and have commercial value.
Lawyer Pham Vu Khanh Toan shared: A song has three layers of rights, including the right to compose the melody and lyrics; the right to participate of the performer and the recording producer; and the right to personal status including a protected voice as a personal identification feature. AI cover music often affects all three of these rights groups.
Lawyer Pham Vu Khanh Toan specifically analyzed typical risk behaviors in AI cover music. In the case of AI keeping the original melody and changing the voice/beat, this is an unlicensed derivative work and violates Articles 20 and 28 of the Law on Intellectual Property.
If AI simulates the voice of an artist based on real data, this violates Article 29 of the Law on Intellectual Property and Article 32 of the Civil Code on Human Rights.
If AI simulates the arrangement of famous songs, even if it does not copy the file (copy the document), it can still violate Article 30 on the right of recording producers.
For online distribution, posting AI-covered clips and videos on YouTube/ Tik TikTok is a violation of the right to "report to the public" under Article 20. Using commercial recordings or real voices to train AI is a violation of illegal copying under Articles 28 and 30.
Compared to the international legal system, the US has the Right of Publicity to protect personal voice, name, and image; the No Fakes Act to prohibit unauthorized voice transcriptions. The EU considers the performance as a protected asset and the voice as sensitive personal data. Japan and South Korea protect voices like personal data, requiring permission before using them in AI training.
Artists speak out about AI cover music
In the art world, some musicians have spoken out about copyright issues when AI continuously has million-view covers without permission. The explosion of AI covers, from "Diem Xua", "Ha Trang" to "ga chi ngay pho", "Mua chieu" ... has made many people express concern.
As a person with many years of experience in composing, Lieutenant Colonel - musician Trinh Xuan Hao shared: "Currently, there is a need for copyright protection policies and laws to avoid abuse of the use of AI. At the same time, it is necessary to ensure the reputation of the music industry, avoiding the widespread use of AI products that affect the true creative value. Previously, to make a product, artists had to invest a lot of effort, brainpower and money, from composing, arranging to releasing a CD. Current technology significantly reduces that process, even a person without a musical score can "command" for AI to create a song.
But it is that convenience that poses a big challenge: copyright must be protected, because otherwise, AI can directly affect the work and income of real artists. Creative values that require time, emotions and experiences are at risk of being overshadowed, causing practitioners like us to face more pressure than ever.
Talking to Lao Dong reporter, musician Dong Thien Duc - author of many famous songs such as "Who is in love and will forever", " Tomorrow someone gets married", "Closing the partnership" ... said that the current copyright problem can only be solved when agencies such as the copyright Department and Cities for copyright protection take strong action and thoroughly handle it. AI music groups are often anonymous without permission or sharing profits.
AI music is an inevitable trend but is creating a large legal gap. It is necessary to improve the law to protect the rights of authors, artists, and producers and avoid risks for businesses. The AI music copyright management model must ensure a balance between innovation and legal safety.
