Digital copyright infringement is the act of unauthorized use of copyrighted works in a digital environment without the permission of the right holder in 2026. In today’s era of Artificial Intelligence and Big Data, protecting digital assets has become more complex than ever as methods of infringement constantly evolve. Do you clearly understand the regulations on the responsibility of intermediary service providers as well as the legal roadmap to enforce copyright when it is infringed upon in cyberspace? The following article by the expert team at Trần & Trần provides a detailed analysis of common forms of infringement and guides the process of protecting the legal interests of owners in Vietnam and internationally.
The legal nature of digital copyright infringement
In the current intellectual property legal system, copyright plays a role in protecting creative achievements in the fields of literature, art, and science. When these works are converted or created directly in digital format and uploaded to the internet, they remain under the strict regulation of the Intellectual Property Law.
Definition of copyright in the network environment
Copyright in the digital environment includes moral and economic rights to works such as: articles, images, videos, music, computer software, and databases stored or transmitted over the internet. Technological advancements in 2026 allow these works to be copied and distributed at extreme speeds, but this does not change the legal reality: any use of a work must have the owner’s consent, except for specific exceptions provided by law.
Mechanism of copyright accrual
According to Article 6 of the Vietnam Intellectual Property Law, copyright arises automatically from the moment a work is created and expressed in a certain material form, regardless of content, quality, form, medium, and without the requirement of registration. On the internet, this material form can be files stored on servers, website source code, or binary data. However, the lack of an official protection certificate often causes great difficulty in proving ownership when online disputes occur.
Intersection with international law
The internet environment is borderless; therefore, digital copyright infringement often involves foreign elements. Vietnam is a member of important international treaties such as the Berne Convention, the WIPO Copyright Treaty (WCT), and the WIPO Performances and Phonograms Treaty (WPPT). These treaties establish a common legal framework to protect authors when their works are infringed upon in another country, while requiring member nations to have effective enforcement measures in the digital environment.
Common forms of digital copyright infringement in 2026
Technological progress has created new, more sophisticated methods of infringement, requiring rights holders to accurately identify them to take timely responsive measures.
Illegal copying and distribution of digital content
This is the most traditional but still widespread form of infringement. Pirate websites frequently copy entire news articles, photographs, or original videos from official pages to repost them to attract traffic and earn advertising revenue. In particular, the situation of illegal livestreaming of sports tournaments or movies is occurring complexly on social media platforms, causing serious revenue loss for broadcasting rights holders.
Copyright infringement in Artificial Intelligence training
In 2026, copyright issues related to AI (Artificial Intelligence) have become a legal focal point. AI development companies often use data scraping techniques to collect billions of artworks, articles, and source codes from the internet to train Large Language Models (LLMs) or image generation models. This act, if performed without the author’s permission or without paying royalties, is considered an infringement of economic rights, specifically the right of reproduction and the right to create derivative works.
Deepfake technology and image copyright infringement
Using Deepfakes to swap faces or forge the voices of artists into other video content not only infringes on moral rights (the right to protect the integrity of the image) but also infringes on the copyright of the original video used as source material. This content is often used to create fake videos to defraud or smear the reputation of the rights holder.
Infringement of software and source code
Cracking software or illegally sharing copyrighted source code on technology forums is a serious infringement. Additionally, using open-source components without complying with the terms of the corresponding license is also identified as digital copyright infringement.
Legal and economic consequences of copyright infringement
Infringement of copyright in cyberspace causes far-reaching consequences, not only for individual authors but for the entire creative economy.
Damage to the rights holder
The most noticeable damage is the decrease in revenue from the exploitation of the work. When pirated content is rampant, consumers tend to use content for free instead of paying for official content. Besides, if a work is used out of context or its content is altered, it reduces the artistic value and the author’s reputation. In business, losing control over digital content can lead to a loss of competitive advantage and affect the brand value of the enterprise in Vietnam.
Administrative and criminal sanctions
Vietnam law provides strict penalties for copyright infringement on the internet. According to Decree 131/2013/ND-CP and its amending decrees, fines can reach hundreds of millions of VND for infringing organizations. In cases where the infringement is on a large scale, involves high illicit profits, or causes serious damage, the infringer may be subject to criminal prosecution for the crime of infringing on copyright and related rights under Article 225 of the Penal Code.
Civil liability and compensation for damages
The rights holder has the right to file a lawsuit in the People’s Court to request the infringer to:
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Terminate the infringing act (remove content).
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Publicly apologize and rectify the situation.
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Compensate for material damages (including property loss, decrease in income and profit, and reasonable costs to prevent and overcome damages).
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Compensate for spiritual damage to the author.
Responsibility of Intermediary Service Providers (ISPs) under Decree 17/2023/ND-CP
One of the newest and most important points in handling digital copyright infringement in Vietnam is the regulations on the responsibility of intermediary service providers.
Concept of Intermediary Service Providers
ISPs include network infrastructure enterprises, social networks (such as Facebook, YouTube, TikTok), cloud data storage services, and online content providers. These are the units acting as bridges for users to upload content to the internet.
Safe Harbor mechanism
According to Decree 17/2023/ND-CP, ISPs can be exempt from liability for compensation for damages regarding infringing content posted by users if they meet certain conditions:
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They are unaware that the content infringes copyright.
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They have established a mechanism to receive infringement notices.
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They act promptly to remove or block access to the infringing content upon receiving a valid notice from the rights holder.
Notice and Take down process
This is the most effective tool to handle infringements on the internet without going to court. Upon detecting that a work has been infringed, the owner sends a notice (accompanied by evidence of ownership and evidence of infringement) to the ISP. According to regulations in Vietnam, within 72 hours of receiving a valid notice, the ISP is obligated to remove or block access to that content. If the ISP fails to do so, they will be jointly liable for any arising damages.
Process for enforcing rights and handling digital copyright infringement
To protect interests effectively, the rights holder needs to follow a methodical and scientific process.
Collection and preservation of technical evidence
Evidence on the internet is very easy to change or delete. Therefore, the collection of evidence must be carried out immediately. Measures include:
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Taking screenshots and video recordings of the entire process of accessing the infringing content.
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Saving information about domain names, IP addresses, and hashes of the infringing data.
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Using the fact-recording service of a Bailiff’s Office to record infringing acts on the website, serving as evidence with high legal value in Courts in Hanoi.
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Using Trusted Timestamping tools to confirm the timing of the infringing act.
Intellectual property appraisal
In complex cases such as software source code infringement or derivative content, appraisal is necessary. Specialized appraisal organizations will analyze the similarity between the original work and the suspected infringing work to provide accurate conclusions as a basis for authorities to handle the case.
Mediation and Cease and Desist letters
Before using coercive measures, rights holders often choose to send a Cease and Desist Letter to the infringer. This letter requests the infringer to remove the content, commit not to repeat the violation, and may request a goodwill compensation amount. This solution often helps resolve the case quickly, saving costs for both parties.
Utilizing DMCA and online reporting
Cross-border platforms like Google, Facebook, and YouTube all comply with the Digital Millennium Copyright Act (DMCA). Rights holders in Vietnam can use the copyright report forms of these platforms. If the information is accurate, these platforms will remove the infringing content globally and may permanently block the infringer’s account.
Litigation or request for administrative handling
If the above measures are not effective, the rights holder may:
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Request the Inspectorate of the Ministry of Culture, Sports, and Tourism or the High-Tech Crime Police to conduct an inspection and administrative sanction.
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File a lawsuit in a competent People’s Court to request compensation for damages and protect legal interests.
Intellectual Property services at Trần & Trần Intellectual Property Co., Ltd.
With a highly qualified and experienced staff in the field of intellectual property, we believe that Trần & Trần is among the leading intellectual property companies in Vietnam. Our company brings professionalism to our customers in registration services and the enforcement of intellectual property rights in Vietnam, Laos, Cambodia, and Myanmar.
Through our understanding of intellectual property law and many years of practical experience by our consultants, Trần & Trần ensures that the intellectual assets of our clients are protected in Vietnam and other Southeast Asian countries. We understand that intellectual assets constitute a vital part of the total assets of any company, and we recognize that the registration, valuation, transfer, and enforcement of intellectual assets in unfamiliar environments can be a major challenge for corporations establishing branches and business operations abroad.
Therefore, our mission is to ensure your intellectual assets are fully protected by local laws. Our team of lawyers and consultants has the full capacity and experience to provide professional services in the protection and enforcement of all intellectual property rights for patents, trademarks, industrial designs, and copyrights in all sectors such as biotechnology, pharmaceuticals, telecommunications, electronics, electricity, and mechanical engineering, etc.
Advantages of handling copyright infringement with Trần & Trần
In the constantly changing internet environment, having a professional partner like Trần & Trần provides a decisive advantage for individuals and businesses.
Experience in enforcement on cross-border platforms
Trần & Trần has successfully executed thousands of requests to remove infringing content on major platforms like YouTube, Facebook, and Google. We understand the technical and legal processes of each platform, helping to shorten the infringement handling time from months to a few days. Our network of relationships with ISPs in Vietnam helps in executing “Notice and Take down” requests more quickly and accurately.
Automated copyright monitoring system
We apply advanced monitoring technologies to track the presence of protected works across the entire cyberspace. When there are signs of digital copyright infringement, the system will immediately alert the owner, helping to prevent the infringement from its early stages and minimizing economic damage.
In-depth legal representation in Southeast Asia
With strong operations in Laos, Cambodia, and Myanmar, Trần & Trần is one of the few units that can assist customers in handling cross-border copyright infringements in the region. We represent customers in working with local law enforcement agencies to revoke infringing domain names, block infringing accounts, and request compensation for damages according to the local laws.
The importance of copyright registration in the digital era
Although copyright arises automatically, holding a Copyright Registration Certificate from the Copyright Office of Vietnam is an absolute legal advantage.
Ultimate evidence of ownership
In online disputes, the party that provides earlier and more legally valuable evidence of ownership will prevail. A Copyright Registration Certificate is a type of evidence that does not require further proof, helping the rights holder quickly request the ISP to remove infringing content without waiting for a court ruling.
Tool for enforcing rights in the international market
When working with international organizations or when requesting foreign platforms to handle infringements, an official protection certificate issued by a state authority in Hanoi is the most important document to verify legal status. This is also a condition for businesses to legally license (transfer usage rights) their works to global partners.
Conclusion and advice for sustainable copyright protection
Digital copyright infringement is a constant challenge for creators and businesses in 2026. The development of AI models and content-sharing platforms has created an environment where intellectual value is easier to steal than ever. Therefore, proactively building a copyright protection strategy right from the creative stage is a vital investment.
Proactively protect digital content with Trần & Trần today to turn ideas into ironclad assets. This is the strategic step that helps businesses prevent all risks of infringement and create a foundation for sustainable prosperity in the global cyberspace. Establish your rights professionally to ensure that all creative ideas are legally recognized and optimally protected. Thorough legal preparation today is the foundation for the sustainable development of the business on the path to conquering the digital market.
Contact Information: Trần & Trần Intellectual Property Co., Ltd.
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Email: ip@trantran.vn
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Address: Room 802, Talico Building, 22 Ho Giam Street, Dong Da District, Hanoi.
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Hotline: 024 3732 7466
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Working Hours: 8:00 AM – 6:00 PM (Monday to Friday).
