The issue of copyright regarding the Vietnamese National Anthem has become a complex legal topic following a series of incidents related to unauthorized ownership claims or the prevention of its dissemination on global online platforms. To protect the sacred value of the National Anthem and support the community in its proper use, Tran & Tran deconstructs the legal aspects from the history of rights establishment to the operational mechanisms of author’s rights and related rights.
I. Historical Context and Establishment of Author’s Rights for Tien Quan Ca
1. Historical Mission and Authorship
The musical work Tien Quan Ca was created by the late composer Van Cao in late 1944. From its inception, the song carried the spirit of the national liberation revolution. On August 13, 1945, President Ho Chi Minh officially approved the selection of Tien Quan Ca as the National Anthem of the Democratic Republic of Vietnam at the Tan Trao National Congress.
Under the Law on Intellectual Property, composer Van Cao was the author and the original owner of the copyright for both the music and the lyrics of the work. These rights are legally protected according to international copyright conventions to which Vietnam is a signatory.
2. Historical Donation of Ownership to the State in 2016
A historic legal milestone occurred on July 15, 2016. At the National Assembly House, the family of the late composer Van Cao, represented by his wife Nghiem Thuy Bang and their children, officially signed the donation of the entire copyright of the song Tien Quan Ca to the State and the People of Vietnam.
Since that moment, the State of Vietnam has officially become the sole legal owner of the property rights and a portion of the moral rights of the work. This donation transformed the song from a privately owned asset into a common national asset, protected indefinitely as a symbolic value.
II. Differentiating the Rights Structure: Author’s Rights and Related Rights
The common misunderstanding between the concepts of author’s rights and related rights is the primary cause of disputes in the digital space. The expert team at Tran & Tran analyzes these specifically as follows:
1. The State’s Author’s Rights Over Music and Lyrics
Author’s rights protect the original creativity regarding the melody and lyrics of the song. Due to the donation, these rights now belong to the State of Vietnam. The Ministry of Culture, Sports, and Tourism is tasked with the direct management and protection of the integrity of this work. No individual or organization has the right to collect royalties or obstruct the dissemination of the original lyrics and music of the National Anthem.
2. Related Rights Regarding Specific Audio and Video Recordings
Related rights arise when an individual or organization invests capital and technology to perform or record the work.
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Performers: Including orchestras, singers, and musicians participating in presenting the song.
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Producers of Recordings: The entities that invest financially to create a specific audio file or video of the song.
Conflicts occur when foreign enterprises or record labels (such as Marco Polo or entities owning Content ID) perform a re-recording of Tien Quan Ca. While they do not own the song itself, they own the related rights to the specific recording they produced. This is the loophole that leads to videos containing the National Anthem being automatically flagged for copyright on social media platforms.
III. Copyright Identification Mechanisms on Digital Platforms and Practical Consequences
1. Content ID Algorithms and Automatic Claims
Transnational platforms like YouTube use the Content ID system to protect the interests of music producers. When music production companies register their recordings with the system, the algorithm automatically identifies and scans all videos containing similar audio segments.
The incident at the AFF Cup 2020 football match is a typical example. The video segment was not muted because the State claimed royalties, but because the broadcasting unit used a National Anthem recording owned by the related rights of an international record label. The Content ID system automatically intervened to protect the interests of that recording owner.
2. Strict Prohibition Against Obstructing National Anthem Dissemination
From a legal perspective in Vietnam, any act of preventing or obstructing the dissemination of the Vietnam National Anthem in any form is considered a violation of the law. The State of Vietnam asserts that all individuals and organizations have the right to use the National Anthem, and commercial recording owners are not permitted to exploit technical mechanisms to hinder public access to the national symbol.
IV. Guidelines for Legal and Safe Usage of the National Anthem for Enterprises
To ensure solemnity and avoid legal risks regarding related rights, Tran & Tran recommends that units follow these steps:
1. Utilize Standard Recordings from the Government
The State of Vietnam has invested in producing national standard recordings of the National Anthem, performed by prestigious orchestras.
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These recordings are publicly posted on the Government Electronic Portal and the website of the Ministry of Culture, Sports, and Tourism.
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This is the official data source owned by the State, and the people are permitted to use it entirely for free for all legal purposes.
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Using these standard recordings will help media units completely avoid the risk of having their content flagged by third-party Content ID systems.
2. Avoid Using Recordings from Unknown Sources
Enterprises should strictly limit the use of National Anthem audio from free music libraries or foreign commercial records. These recordings are often already registered for related rights, which can easily lead to videos being muted or removed against the content producer’s intent.
V. Strategies to Protect Digital Sovereignty Over the Vietnam National Anthem
Protecting the copyright of the national anthem in cyberspace requires a systematic and long-term management strategy from state agencies and professional organizations:
1. Establish National Digital Identification
The State should proactively register national standard recordings into the copyright identification systems of Google and Facebook as public assets. This will create a technical barrier, prioritizing the recognition of the State’s recordings and eliminating interference from third-party commercial recordings.
2. Coordinate with Transnational Technology Corporations
State management agencies need to have high-level working agreements with social media platforms to include the Vietnam National Anthem in the list of specially protected works. Accordingly, automatic copyright scanning algorithms will be configured not to apply removal or muting measures against the Vietnam National Anthem, ensuring maximum dissemination of the work.
VI. Consulting and Copyright Management Services at Tran & Tran
With extensive experience in the field of intellectual property, Tran & Tran International Intellectual Property Law Firm provides comprehensive solutions to help enterprises and cultural-artistic organizations manage author’s rights and related rights effectively:
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Consulting and Implementation of Author’s Rights Registration: Assisting clients in establishing rights for musical, literary, and artistic works to avoid ownership disputes.
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Digital Content Protection Strategies: Advising on the registration and management of Content ID on platforms like YouTube and Facebook, protecting the enterprise’s intellectual property assets against erroneous claims.
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Representation in Copyright Dispute Resolution: Acting on behalf of clients in procedures for complaints, oppositions, and the removal of inaccurate copyright violation notices in cyberspace.
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Intellectual Property Audit (IP Audit): Reviewing an enterprise’s digital content to ensure full compliance with related rights regulations, minimizing legal risks when operating large media campaigns.
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Consulting on Copyright Transfer and Licensing: Drafting and negotiating contracts for the permitted use of works, ensuring optimal economic and legal benefits for all parties.
VII. Conclusion
Vietnam National Anthem copyright is a special legal dossier where national pride blends with the strict rules of the Law on Intellectual Property. The donation of Tien Quan Ca by composer Van Cao’s family to the entire population was a noble act, removing barriers to the privatization of the national symbol.
However, in the digital age, challenges regarding the protection of related rights for audio recordings persist. The expert team at Tran & Tran asserts that a profound understanding of the ownership rights structure and the proactive use of official data sources from the State are the keys to protecting the solemnity of the National Anthem and ensuring legal safety for all organizations. We must join hands to uphold the law so that composer Van Cao’s legacy forever resonates without encountering any technical barriers.
Contact Information for Tran & Tran International Intellectual Property Law Firm:
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Address: Room 802, Talico Building, 22 Ho Giam Street, Quoc Tu Giam, Dong Da, Hanoi.
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Hotline: 024 3732 7466
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Email: ip@trantran.vn
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Website: trantran.vn
Should your enterprise require in-depth consultation on copyright issues and the protection of related rights, please contact our legal team directly for the best support.
