Copyright problems arise after the muting of the national anthem in Vietnam
Back at the beginning of December 2021, when the entire country of Vietnam was eager to wait and see the match between the national football team and the football team of Laos. However, when the national anthem part is expected to start, it got muted. Obviously, this fills the Vietnamese citizens with rage. On the other hand, this issue puts many problems about the copyright of the national anthem. So, what exactly are the copyright problems that arise after the muting of the national anthem in Vietnam?
At 7:30 pm on December 6, 2021, the online community of Vietnam watching the football match between Vietnam and Laos in the framework of the AFF Cup was shocked and surprised when they read the words: “Due to music copyright reasons, we were forced to mute the song during the flag-raising ceremony. After the flag-raising ceremony, the audio signal will return to normal, thank you for your understanding.”
This happened when the audience watched the match on Youtube. However, on national television, the audience could still hear the music of the national anthem clearly.
It is worth noting that not only the national anthem of Vietnam but also of the Laos team is muted. Moreover, many other matches in recent times of many countries also have the national anthem muted for fear of copyright. Specifically, the matches that took place between Singapore – Myanmar, Timor Leste – Thailand, Cambodia – Malaysia, and Vietnam – Laos got muted.
The national anthem is a song expressing national pride and boundless love for the nation. This is true for every country in the world.
For Vietnamese people, Tien Quan ca is considered the soul of the nation. The national anthem is played every football match not only for the team or for the victory, but it is the voice of millions of Vietnamese people who are watching the match through the screen.
Expert opinions on the problems of copyright in regard to the national anthem of Vietnam
Hoa Tran, a member firm of Baker McKenzie in Hanoi, stated that a national anthem is a copyrighted work from a legal perspective. Accordingly, the copyright holder is entitled to royalties.
Nonetheless, she also stated that the problem of copyright related to this song can be understood and viewed from another point: “From a different perspective, a country’s national anthem is also one of its most important symbols. The compulsory payment of royalties for playing the anthem will act as a barrier to the circulation of the national anthem among the public, which may run contrary to Vietnamese laws and regulations.”
Regarding the silence of the song during the football match on December 6, 2021, Tran stated: “This is probably not the first time the anthem is being silenced due to a copyright issue. However, this event may be the first to draw the public’s attention as well as outrage.”
As there are many public opinions on the nature of the conflict and speculations on the Internet, creating outrage and confusion among the citizens, Tran has stated about the national anthem muting issue and rights involved from their perspective: “We do not think that the related rights are in conflict with the copyright in this incident. There may be confusion among the copyright and related rights and, therefore, people may misunderstand that the national anthem is always free to use. For the Vietnamese national anthem, the State only holds the copyright to the composition and lyrics of the original song ‘Tien Quan Ca,’ as donated by the family of the late composer Van Cao. However, when a work is performed, the performance is set into an audio/visual recording, and such recording is broadcast, so related rights will arise from that performance, recording or broadcast.”
*** Other Articles***
– You could visit here to see the Trademark Registration in Vietnam.
– You can also check the Vietnam Trademark Law: Detailed Guide And Legal Notes.
– You could check Questions of filing trademark in Vietnam: POA, Trademark requirement and trademark fee in Vietnam.
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