The issue of music copyright fees at business establishments has received much attention from the public, especially shop owners and eateries in recent times.
Answering about the legal basis, collection level and obstacles in copyright collection activities, Mr. Pham Thanh Tung - Deputy Head of the Department of Management and International Cooperation on Copyright and Related Rights (Department of Copyright) affirmed to the media that paying copyright fees when using music at restaurants and cafes is not a new regulation.
According to Mr. Tung, Article 26 and Article 33 of the Law on Intellectual Property have stipulated that since 2005, the obligations of organizations and individuals exploiting works, audio and video recordings in business activities must pay copyright fees to authors, producers of audio and video recordings and performers.
He said that the biggest difficulty currently is agreeing on the copyright fee level. To remove difficulties, Decree No. 17/2023/ND-CP has issued Appendix No. 2 stipulating the copyright fee schedule as a basis for application when the parties do not reach an agreement.
For organizations authorized by the owner to collect copyright fees but are not collective management organizations, Decree No. 134 clearly stipulates the responsibility to publicize the list of authorized works on the electronic information page.
At the same time, organizations and individuals using the work are also responsible for understanding the provisions of law, reviewing the list, usage duration and providing information to the fee collector unit to serve as a basis for negotiating the copyright fee.
Regarding the situation where one business establishment has to work with many units to collect copyright fees, Mr. Pham Thanh Tung said that current law has a handling direction. Accordingly, Decree No. 134 encourages collective management organizations to agree to authorize a single representative organization to carry out copyright fee collection.
However, Mr. Tung said: "This is a civil relationship, so state management agencies cannot force the parties to unify authorization.
To create favorable conditions for units to use, he believes that fee collection organizations need to publicly and transparently disclose the list of works and authorized owners right in the process of working with business establishments.
Mr. Pham Thanh Tung said that every year, the Copyright Office works with collective management organizations and has repeatedly requested the parties to agree to authorize a focal point to collect fees. Currently, the Office is promoting the Vietnam Center for Protection of Music Copyright (VCPMC), the Vietnam Recording Industry Association (RIAV) and the Association for Protection of Performing Artists' Rights (APPA) to coordinate in building a common database on copyright and related rights.
Mr. Pham Thanh Tung said: "When the database is completed, organizations can proceed to appoint a single representative to represent the parties in collecting music usage fees in business operations.
According to a representative of the Copyright Office, building a common database and making information transparent will contribute to removing inadequacies in copyright collection activities, creating favorable conditions for both users and rights holders, and improving the effectiveness of law enforcement on copyright and related rights.
