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Using music in the cafe, bar has violated the copyright registration ?

24/11/2016 - 03:16

Using music in the cafe, bar has violated the copyright registration ?

Question:

Currently, I have a cafe in Ha Noi and I received a notice from The Vietnam Center for protection of music copyright( VCPMC) about using music copyright without permission of center. The center also asked me to pay copyright fee  about this action. In my cafe, I use different music from Vietnamese music to international music. There are many tracks which I bought original tracks but some tracks, I only download on internet. My cafe has been opening for 5 years . In that time, I also sent a mail to VCPMC in order to ask for permission about use music aim at business. I want to ask the lawyer that in my case have violated music copyright or not?. I sincerely thanks.

Using music in the cafe, bar has violated the copyright registration ?

Using music in the cafe, bar has violated the copyright registration ?

 

CONSULTING LAWYER


Thank you for sending the questions to the Newvision Law firm. Company representative, Mr. Nguyen Van Tuan - lawyer, will give you the answers to the problem of copyright infringement as follows:

According to the provisions of clause 8, article 28 of IP law 2005 following as:

Article 28.- Acts of infringing upon copyright

8. Using works without permission of copyright holders, without paying royalties, remunerations or other material benefits according to the provisions of law, except for the cases specified in Clause 1, Article 25 of this Law.

 Moreover, under  article 33 of IP law also provision that:

Article 33.- Cases of use of related rights where permission is not required but payment of royalties and/or remunerations is required

  1. Organizations and individuals that use related rights in the following cases shall not have to ask for permission but must pay agreed royalties and/or remunerations to performers, producers of phonograms and/or video recordings, or broadcasting organizations:
  1. a/ They directly or indirectly use phonograms or video recordings already published for commercial purposes in making their broadcasts, which are sponsored, advertised or charged in whatever form;

 

  1. b/ They use phonograms or video recordings already published in business or commercial activities.
  1. Organizations and individuals that use the rights specified in Clause 1 of this Article must neither affect the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause any prejudice to the rights of performers, producers of phonograms and video recordings, and broadcasting organizations.

 

Accordingly, when you use the music for business purposes, does not have to ask permission of the owner of copyright but must pay royalties, remuneration to the copyright owner. Therefore, VCPMP asked you to pay music copyright fee is true. You should  early pay this fee in order to to avoid legal complications.

The above is the opinion of our lawyer to answer your question. The introduction of the above mentioned content must be based on the rule of law and the information provided by the person who asked. Newvision law firm also provide services about copyright registration, trademarks registration, number and barcode registration, patent registration ......etc

 

 

 

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