COPYRIGHT ON YOUTUBE, WHAT ARE THE REGULATIONS?

Youtube is the largest video sharing website in the world today and is popular in Vietnam. This video platform is built with diverse genres, attracting a large number of viewers and users. However, besides that, there are issues such as disputes over ideas or copyright disputes over music, images, and content that may violate intellectual property regulations. So, how is copyright on Youtube regulated by law?

1.         Copyright on Youtube

1.1.      What is Youtube copyright registration?

Youtube is a website that allows sharing videos in many different fields: entertainment, society, music, movies, programs…, where users can upload or download videos that they find useful.

The types of works licensed by Youtube to post on social networking sites include the following:

– Audio and video recordings;

– The performance is presented in audio or video recordings permitted by the producer or organization or individual to be distributed to the public;

– Broadcast programs are distributed to the public by the broadcasting organization or by organizations or individuals authorized by the broadcasting organization to distribute to the public.

Youtube copyright registration is the process of carrying out necessary procedures to protect the owner’s rights to works (videos) posted on Youtube’s website.

It is necessary for individuals and organizations to register YouTube video copyrights; it is for the owner to carry out the necessary procedures to protect their rights to their posted videos on Youtube, this is an effective measure to protect their own rights.

Copyright registration can be done at a competent State agency (registration of related rights for audio and video recording works…) according to Youtube’s policy (Content ID registration).

1.2. Handling copyright infringement on Youtube

If copyright is violated, Youtube will not simply remove videos, warn, or set limits, but individual users/organizations can have their entire Youtube channel removed.

Copyright infringement on Youtube is divided into two cases:

– Image copyright;

– Audio copyright.

Regarding audio copyright infringement, if the account’s video contains a copyrighted song, the video will immediately not be posted.

Likewise, if an account’s video uses protected images illegally, the video and channel may be removed by YouTube. The Youtube website is built with an image analysis system and details down to each frame to clearly identify copyright-infringing images.

Investing in video production on Youtube often takes time, money and brainpower, along with the income from Youtube is also quite good. That’s why there are many accounts that are created but do not develop themselves, but instead specialize in stealing and copying videos from other channels to benefit themselves. This causes a lot of impact and loss, especially for mainstream video creators, creating unfair competition.

As a result, Youtube has increasingly stricter regulations in protecting copyright for users, so many copyright-infringing channels have been handled by Youtube. Shows that copyright registration on Youtube is extremely important and necessary.

Individuals and organizations that register YouTube video copyrights are responsible for the owner carrying out the necessary procedures to protect their rights to their videos posted on Youtube. This is a effective measure to protect your own interests.

At the same time, when copyright is infringed, individuals and organizations that own the copyright of videos on Youtube must also have sufficient evidence to show that they are being copyrighted. At that time, infringing video channels may be suspended, or completely removed, depending on each case.

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2.         Vietnamese legal regulations on intellectual property rights on Youtube

People who post videos on Youtube are not all the creators of those products. Many people often repost music products and videos from other places on Youtube to share with many other viewers. For those who are not the authors of such products, according to the Intellectual Property Law 2005, they are called subjects with rights related to copyright.

Accordingly, Clause 3, Article 4 of this Law explains that rights related to copyright are the rights of organizations and individuals to performances, audio and video recordings, broadcast programs, and the encrypted program signal satellite. However, can everyone have the relevant rights?

 Videos posted on Youtube are cases falling under Clause 2, Article 17 of the Intellectual Property Law 2005, which stipulates related rights protected as follows:

It is an audio or video recording if it falls into one of the following cases:

– Audio and video recordings by producers of audio and video recordings with Vietnamese nationality;

– Audio and video recordings of producers of audio and video recordings are protected under international treaties to which the Socialist Republic of Vietnam is a member.

Or it is a broadcast program, the satellite signal carrying the program is encrypted if it falls into one of the following cases:

– Broadcast programs and satellite signals carrying encrypted programs of broadcasting organizations with Vietnamese nationality;

– Broadcast programs and satellite signals carrying encrypted programs of broadcasting organizations are protected under international treaties to which the Socialist Republic of Vietnam is a member.

Thus, video products on Youtube that users upload without rights related to the author, if they are subject to protection and satisfy the above conditions, will violate the provisions of the Intellectual property law 2005.

Acts of infringement of related rights on Youtube specified in Article 35 of the Intellectual Property Law 2005 mainly include the following acts:

– Copying or extracting fixed performances, audio or video recordings or broadcasts without permission of the performer, audio or video recording producer or broadcasting organization.

– Remove or change rights management information in electronic form without the permission of the relevant rights owner.

– Intentionally cancel or invalidate technical measures implemented by related rights owners to protect their related rights.

– Broadcasting, distributing, importing for distribution to the public performances, fixed copies of performances or audio or video recordings when knowing or having a basis to know information on rights management in form electronic information has been removed or altered without the permission of the relevant rights holder.

It can be seen that users who arbitrarily upload videos to YouTube without the consent of the broadcasting organization, the owners or related rights holders are considered to be violating the law. To avoid posting video products on Youtube that violate Vietnamese law and copyright regulations on Youtube, users need to clearly understand and comply with regulations on intellectual property rights.