# Content creators and copyright

Source: https://luatbanquyen.com/en/insights/content-creators-and-copyright · Updated: 2026-08-17 · Reviewed: 2026-08-17

Covers, reactions, film reviews, background music, images from Google — the everyday situations creators face, and where the real legal line sits.

Digital creators in Vietnam live under two rule systems: Vietnamese law and platform policy. They overlap but do not coincide, and confusing them causes most of the trouble.

## First: a platform is not a court

YouTube's Content ID and the complaint systems of TikTok and Facebook are **private companies' internal policies**. They are not based on Vietnam's IP Law and are not legal determinations.

It cuts both ways: a video entirely lawful in Vietnam can still be removed or demonetised; and a video sitting untouched on a platform may still infringe under Vietnamese law.

## Covers

In principle, singing someone else's song and posting it publicly engages the author's economic rights — public performance and communication to the public. Permission is needed unless an exception applies.

Reality is messier: large platforms have agreements with collective management organisations such as VCPMC. Many covers survive on those deals rather than being independently lawful.

Risk rises sharply once you monetise the cover, perform commercially, or publish outside a platform with such an agreement. Then seek permission or a licence directly.

Note the layers: if you **sing and record it yourself** you only need to clear the songwriter's copyright. Use **someone else's recording** and you must also clear the performer's and the producer's rights — three layers instead of one.

## Reactions and film reviews

The widest grey zone. Vietnam has no US-style fair use, so "my video is transformative" is not a legal argument here. You must identify the statutory case.

The closest is **reasonable quotation for comment, introduction or illustration in your own work**, subject to the three general conditions: no conflict with normal exploitation, no unreasonable prejudice to the owner's interests, and crediting the author and source.

The most practical self-test: **after watching your video, does the viewer still need the original?** A ten-minute review commenting on a film with a few short clips does not replace it. A "whole film in 15 minutes" recap stitching the key scenes in plot order does — and that conflicts directly with normal exploitation.

## Background music and sound effects

Using a music clip as a bed is a use of the work, even for a few seconds, even with credit. There is no "under 30 seconds is fine" rule in Vietnamese law — that figure circulates online without basis.

The safe path: use a library with a clear licence (the platform's own, paid stock, or suitably licensed Creative Commons material) and **keep evidence of the licence** — a screenshot of the terms, the invoice, the confirmation email.

## Images found online

Google Images is a search engine, not a free stock library. Most images online are in copyright, and being easy to download creates no right to use them.

Attribution **does not substitute for permission**. Under the IP Law, crediting the author and source is a **mandatory condition attached** to the exceptions, not an independent licence.

## When you are the one infringed

Creators are often on the other side too. If your video, photo or article is taken, [preserve evidence first](/enforcement/preserving-evidence), then act — and consider the [statutory takedown route under Decree 17/2023](/enforcement/online-takedown) alongside the platform's own tool.

## Cited documents

- [Consolidated document 67/VBHN-VPQH — Law on Intellectual Property](/en/legal-documents/ip-law-consolidated) — In force

## Sources

- [Economic rights and permitted free uses — Điều 20, Điều 25](https://thuvienphapluat.vn/van-ban/So-huu-tri-tue/Van-ban-hop-nhat-67-VBHN-VPQH-2026-Luat-So-huu-tri-tue-700846.aspx) (67/VBHN-VPQH)
- [VCPMC — collective management organisation for music copyright](https://vcpmc.org/)

- Previous: [Software copyright and open source under Vietnamese law](/en/insights/software-and-open-source)
- Next: [Startups and IP — the cheapest steps, most often skipped](/en/insights/startups-and-ip)

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Reference material only; it does not replace legal advice on a specific matter.
