Free does not mean permanent use
From August 18 to November 18, 26, recordings belonging to the music category of the program "Tinh Ha say hi" are granted free use rights as background music at many business and commercial locations nationwide.
The policy applies to cafes, restaurants, hotels, shopping centers, supermarkets, retail stores, spas, gyms and some public spaces. However, businesses must play music online from playlists or official channels provided.
Units are not allowed to download, store, copy, paste or edit recordings. The scope of licensing also does not include the use of songs in advertising videos, media content, performance programs or re-uploading on social networks.
Thus, this is a free program with a deadline and conditions, not a declaration of permanent music exploitation rights. After November 18, the right to use the program ends. Establishments wishing to continue broadcasting this music list must implement the new policy of the owner.
Musician Nguyen Van Chung believes that a free policy needs to specifically identify the subjects, purposes, scope and deadlines. Free music dissemination must have clear purposes and deadlines.
According to the male musician, if music is provided free of charge rampantly, this policy may inadvertently make users underestimate creative values and slow down the process of raising copyright awareness. Free of charge should only be considered a solution applied to each specific case, not a reason for any individual or organization to exploit works.
Previously, musician Nguyen Van Chung announced the exemption of copyright for some activities mainly serving education, the community and the need to keep personal memories. The subjects of application include schools, teachers, students, religious establishments, families and some units implementing non-commercial community programs.
Nguyen Van Chung's policy does not mean that cafes, restaurants or supermarkets can arbitrarily release all of his compositions for business. This is a difference that needs to be clarified when many "free music" announcements have appeared recently.
Time limit to protect both donors and users
Talking to Lao Dong Newspaper, lawyer Truong Van Tuan - Trang Sai Gon Law Office said that the fact that an artist or the owner of the recording declares it free does not mean allowing unlimited use.
First of all, it is necessary to identify the person making the statement as the author, copyright owner, performer or record producer. A song can simultaneously have multiple layers of independent rights. The singer has rights to the performance but is not sure to own copyright or full rights to the record.
According to Article 47 of the current Law on Intellectual Property, most recently amended by Law No. 131/2025/QH15 effective from April 1, 2026, transferring the right to use copyright and related rights is the owner allowing another organization or individual to use one, several or all rights within the scope of transfer.
This means that the essence of licensing is to allow exploitation for a period of time, not to transfer the ownership of the work. Even if the payable is determined to be 0, the licensing party can still limit the time, location, source and purpose of use.
Article 48 of the Law on Intellectual Property also stipulates that contracts for the use of copyright and related rights must determine the basis and scope of transfer, price, payment method, rights and obligations of the parties. With the free policy, the clear disclosure of conditions helps businesses know exactly what they are allowed to do and when that right ends.
For music dissemination activities at business locations, Article 26, Article 33 of the Law on Intellectual Property and Article 34 of Decree 17/2023/ND-CP stipulate the use of published works, audio and video recordings for commercial purposes. This Decree has been amended and supplemented by Decree 134/2026/ND-CP, effective from April 9, 2026.
According to lawyer Truong Van Tuan, if the deadline is not determined, users may misunderstand that the free right is extended until the end of the copyright protection period. This causes difficulties when the owner changes the exploitation strategy, transfers the recording to another partner or implements a fee collection policy in the future.
The deadline also protects the business establishment. When the start and end dates are clearly announced, restaurants and cafes have a basis to determine the legal use time, proactively stop issuing or requesting an extension, avoiding falling into the situation of continuing to use after the free right has expired.
