The rapid development of digital technology has been creating profound shifts in the entire value chain of the global music industry, from creation, production to distribution and consumption. However, along with the wide-open opportunities, the digital environment also poses many complex challenges to music copyright protection, especially in the context of the development of online platforms and artificial intelligence. This article analyzes the legal status and enforcement mechanism of music copyright in Vietnam, and at the same time makes a number of recommendations to build a creative, fair and sustainable music ecosystem in the digital age.

1. Copyright protection for music – the key role to developing the modern cultural industry

In the context of a rapidly developing knowledge economy, copyright protection for music is not only a legal institution protecting the legitimate rights and interests of authors, performers and producers, but also plays a key role in promoting creativity, investment and sustainable development of the cultural industry. Copyright protection for music is the bridge between art and the market, between individual creativity and economic value.

According to the latest report of the International Federation of the Phonographic Industry (IFPI), global music revenue in 2024 will reach 29.6 billion USD, an increase of 4.8% compared to 2023. Of which, online music listening services account for more than 69.3% of total revenue, showing the increasingly dominant role of the digital environment in the music industry. This means that copyright protection is no longer simply a traditional legal issue, but has become a vital condition for promoting a modern, transparent and creative music industry.

2. Current status of music copyright in Vietnam

The legal framework is gradually being improved

In Vietnam, efforts to build and improve copyright laws in the online environment have made important progress. The 2005 Intellectual Property Law (IP Law), through amendments in 2009, 2019 and especially 2022, has added many new regulations to strengthen the protection of copyright and related rights in the digital space. For example, the addition of provisions such as Article 198a on “presumption of rights” and Article 198b on the legal liability of intermediary service providers has created a solid legal basis for handling copyright infringements on the Internet.

In addition, Decree 17/2023/ND-CP issued on April 26, 2023 has specified the provisions of the IP Law on copyright, and clearly defined the obligations of intermediary platforms in handling copyright violations, from receiving requests for removal to implementing the process of blocking access to infringing content. In addition, the legal framework also allows rights holders to apply technological measures to protect their rights, request compensation or initiate lawsuits when necessary.

However, in the context of increasingly complex copyright infringements, law enforcement still faces many difficulties, requiring close coordination between management agencies, enforcement agencies, ISPs and rights holders themselves.

International integration and enforcement mechanisms are being strengthened

Not only making efforts to internalize international commitments, Vietnam also actively participates in many bilateral and multilateral conventions and agreements related to copyright. To date, Vietnam is a member of eight important international treaties such as the Berne Convention, the Rome Convention, the Geneva Convention, the Brussels Convention, the WCT Treaty, the WPPT, the TRIPs Agreement, and recently the Marrakesh Treaty. This not only creates favorable conditions for Vietnamese musical works to be protected abroad, but also forces Vietnam to comply with international standards on copyright protection.

In addition, participation in free trade agreements such as CPTPP, EVFTA, RCEP… has promoted institutional reform, while expanding the ability to cooperate in the enforcement of intellectual property rights in the digital space.

According to the report of the Vietnam Center for Protection of Music Copyright (VCPMC), an organization that performs the function of collective management of copyright in the music field, an official member of CISAC – a global representative organization for associations of authors, composers and lyricists, by 2024, more than 6,500 domestic authors had authorized VCPMC, with the total amount of royalties for music works collected in 2024 reaching 393 billion VND, of which 78% came from the digital field.

3. Outstanding challenges in the digital environment

In fact, the digital age has both opened up great opportunities for the music industry and created risks of copyright infringement with increasingly sophisticated scale and nature.

One of the biggest challenges is the explosion of digital platforms. Although these are important distribution channels for modern music, the identification of copyright owners, licensing and collection of royalties have not been effectively implemented. In addition, forms of infringement such as unauthorized remixes, unauthorized replays, and use of voices Deepfake or background music of unknown origin is increasing at a dizzying rate. The lack of copyright identification tools such as Content ID, Watermarking or Blockchain also makes the process of detecting and handling violations difficult.

Moreover, a large number of users still do not have the awareness to respect copyright, while the complaint handling system and legal sanctions are not strong enough to deter infringements.

4. International experience in protecting digital copyright

Researching international experience is necessary for Vietnam to build a suitable strategy. In the United States, the DMCA Act has created an effective legal framework, requiring online platforms such as Google and Facebook to remove infringing content upon request from the owner. The US government has also increased propaganda and closely coordinated with technology companies to prevent violations.

Meanwhile, the European Union has passed the Copyright Directive 2019, requiring platforms to implement automated content filtering systems and encourage legal licensing. Countries such as Japan and South Korea are at the forefront of applying DRM technology, Digital Watermarking, and building a centralized database of musical works for effective management in cyberspace.

5. Policy orientation and solutions for Vietnam

First of all, it is necessary to continue reviewing, amending and synchronizing the legal framework with international treaties as well as domestic practices. In particular, Vietnam needs to supplement regulations on the responsibilities of digital platforms, handling the use of AI-generated works, as well as sanctions for cases of non-compliance with regulations on removing infringing content.

Next, the application of technology is an urgent requirement. Solutions such as watermarking, automatic identification systems or blockchain can help identify and trace works more effectively. At the same time, building a national database of musical works, connecting with digital platforms will help make the collection and distribution of royalties more transparent.

Not only that, it is necessary to promote international cooperation with the World Intellectual Property Organization WIPO, the International Confederation of Societies of Authors and Composers International (the CISAC) and regional copyright organizations to share experiences and data. Along with that, it is necessary to raise public awareness, organize training programs, and promote propaganda so that artists, producers and the public can better understand the role of copyright.

Moreover, the handling of violations needs to be reformed in a quick and effective direction. Law enforcement agencies need to be equipped with professional capacity, interdisciplinary coordination and technology application to monitor, investigate and prosecute serious violations.

6. Conclusion

In the digital age, protecting music copyright is not only about protecting the rights of creators, but also the foundation for developing a sustainable, transparent and internationally integrated music industry. Although there are still many challenges, if Vietnam can take advantage of opportunities from technology, improve institutions and enhance enforcement capacity, building a fair and creative music ecosystem is completely feasible. Only when creators can make a living from their own works, can the Vietnamese cultural industry spread strongly and affirm its position on the global cultural industry map./.

Ma. Pham Thi Kim Oanh

Deputy Director General of the Copyright Office of Vietnam

References

1. Law on Intellectual Property of Vietnam (2005, amended 2009, 2019, 2022),

https://congbao.chinhphu.vn/thuoc-tinh-van-ban-so-11-vbhn-vpqh-38786?cbid=43592

2. Decree No. 17/2023/ND-CP of the Government, dated April 26, 2023, detailing a number of articles and measures to implement the Law on Intellectual Property on copyright and related rights

https://vanban.chinhphu.vn/?pageid=27160&docid=207842

3. VCPMC (2024), Report on activities in 2024, Vietnam Center for Music Copyright Protection.
4. IFPI (2024), Global Music Report 2024, International Federation of the Phonographic Industry.
5. WIPO (2025), SCCR/46 – Summary and Outcomes.
6. European Parliament (2019), Directive on Copyright in the Digital Single Market.

7.U.S. Copyright Office, Digital Millennium Copyright Act (DMCA).