Vietnam’s decision to prosecute major online copyright infringement cases is exposing deep flaws in how music ownership is managed on digital platforms.
Vietnam’s growing crackdown on online copyright abuse is exposing what artists, lawyers and digital creators describe as one of the most troubling paradoxes of the country’s digital content economy - creators losing control over their own works on the very platforms meant to protect them.
The issue has returned to the spotlight after the Ministry of Public Security announced criminal proceedings in five cases involving alleged copyright infringement under Article 225 of Vietnam’s Penal Code.
Among them is a case involving Bihaco Media and Service Trading JSC, known as BH Media, and the company’s chief executive Nguyen Hai Binh.
Defendant Nguyen Hai Binh, chief executive of BH Media. Photo: Ministry of Public Security.
For many in Vietnam’s creative industry, the investigation marks a turning point after years of frustration over copyright disputes on platforms such as YouTube, Facebook and TikTok.
Lawyer Phan Vu Tuan, former official at the Copyright Office of Vietnam and now head of Phan Law Vietnam, said copyright has become an immensely powerful legal tool in the digital age.
In principle, Vietnamese law strongly protects creators.
A song, photograph or even a short video clip is legally recognized as protected intellectual property.
But according to Tuan, some organizations have transformed copyright from “a shield into a weapon.”
He said one common tactic involved acquiring rights from elderly musicians unfamiliar with digital contracts or internet platforms.
Many signed agreements believing they were authorizing limited use of their works rather than permanently transferring extensive control.
“These people exploit the weakness of elderly artists who trust too easily and may not fully understand what they are signing,” Tuan said.
According to him, some musicians received only modest payments worth several million dong for works capable of generating billions annually on digital platforms.
Another controversial mechanism centers on MCNs - Multi-Channel Networks authorized by platforms such as YouTube, TikTok and Facebook to manage large volumes of content.
In Vietnam, only a handful of organizations possess this status.
Under the system, when artists, organizations or creators upload content containing material previously registered by an MCN, automated copyright claims - known as Content ID Claims - can redirect advertising revenue away from the uploader.
Tuan said some artists were even targeted over works they personally composed.
One example frequently cited involved the song Giac Mo Trua (Afternoon Dream), written by musicians Nguyen Vinh Tien and Giang Son.
According to Tuan, the song’s original creators themselves received copyright claims linked to BH Media on online platforms.
After claims are issued, creators are often pressured into negotiations if they want the claims removed and their channels protected.
“This is no longer copyright protection,” Tuan said. “This is systematic coercion.”
Nguyen Tien Huy, chief executive of Pencil Group, said BH Media had become synonymous with some of Vietnam’s most controversial copyright disputes in recent years.
Among the most widely discussed incidents was the uproar during the 2021 AFF Cup, when the Vietnamese national anthem Tien Quan Ca was muted during a livestream due to concerns over automated copyright claims on YouTube.
Vietnam sparked nationwide controversy in 2021 after a recording of the national anthem “Tien Quan Ca” was hit with a copyright claim on YouTube. Screenshot taken from screen capture.
Other musicians, including Minh Chau and Giang Son, also publicly complained about receiving copyright warnings involving their own works.
According to Huy, companies operating under MCN structures often manage a limited catalog of recordings but register them broadly within YouTube’s Content ID system.
The automated system then scans videos for matching audio and redirects advertising revenue, even when uploads originate from original creators themselves.
“They turned a copyright protection tool into a revenue extraction machine,” Huy said. “And the people losing money are often the creators themselves.”
For years, disputes over digital copyright in Vietnam largely remained confined to public criticism, social media complaints or civil disagreements.
Artists often felt powerless because they lacked legal clarity and had little confidence authorities would intervene.
That changed when investigators from the Ministry of Public Security’s C03 Department - responsible for corruption, economic and smuggling crimes - formally launched criminal proceedings.
According to Huy, the move signals that authorities no longer view these cases as technical misunderstandings but as organized systems capable of causing serious economic harm.
He said the prosecutions could create an important legal precedent for musicians, producers and independent artists seeking to defend their rights.
The investigations are also forcing Vietnam’s broader entertainment ecosystem to reassess how it handles copyright.
Live performance models that combine concerts with digital distribution - including livestreams and online clips - have expanded rapidly in recent years.
Yet disputes over music licensing and royalty payments remain widespread.
By simultaneously targeting both MCN operations and performance-related business models, authorities appear intent on addressing multiple forms of infringement rather than focusing on a single sector.
The crackdown also aligns with a broader national push to strengthen intellectual property enforcement as Vietnam seeks deeper participation in the global creative economy.
Prime Ministerial Directive 38 has elevated intellectual property protection into a national policy priority.
Industry experts argue that no country can build a sustainable cultural industry if creators cannot economically benefit from their own works.
Still, both Huy and Tuan believe the recent prosecutions are only an initial step.
According to Tuan, many disputes remain unresolved because the most important evidence is stored inside MCN systems inaccessible to artists and lawyers.
“The problem is not lack of evidence,” he said. “The problem is that the data sits inside the MCN systems.”
Tuan urged artists and creators who believe they were wrongfully targeted to come forward with documents, screenshots and communications linked to copyright claims.
Phan Law Vietnam plans to establish a dedicated reporting portal and provide free legal consultations for creators affected by MCN-related copyright disputes.
At the center of the debate is YouTube’s Content ID system itself.
The “loopholes” within YouTube’s Content ID system are being exploited. Screenshot taken from screen capture.
The platform’s automated copyright tool works by comparing uploaded videos against reference files submitted by registered copyright holders.
When matches are detected, rights holders can monetize, track or block videos.
Critics argue that the system operates according to a “first to register” logic rather than a “first to create” principle.
As a result, creators may find themselves accused of infringing their own work simply because another party registered the material earlier within the platform’s database.
For Huy, the controversy demonstrates why Vietnam eventually needs its own transparent digital rights verification infrastructure - a domestic Music ID ecosystem independent of foreign platforms.
Without such a system, he warned, new versions of the same problem could continue emerging under different company names.
Lawyer Phan Vu Tuan agreed, saying Vietnam should build an independent copyright ecosystem capable of verifying ownership transparently across YouTube, Facebook, TikTok and other digital services.
However, he acknowledged the challenge would require long-term coordination between regulators, technology platforms, legal experts and the creative community itself.
For Vietnam’s artists and musicians, the larger issue is no longer simply about copyright claims.
It is about whether creators can truly maintain ownership, reputation and fair income in an economy increasingly shaped by algorithms and automated enforcement systems.
Vietnamnet.vn
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