# Performers' rights — moral and economic rights Source: https://luatbanquyen.com/en/related-rights/performers-rights · Updated: 2026-08-17 · Reviewed: 2026-08-17 A performer always keeps moral rights, but who holds the economic rights turns on who funded the performance. Performers — actors, singers, musicians, dancers — present a work to the public. They did not write it, so their right is not copyright but a related right standing beside it. Article 29 of the IP Law divides their rights into moral and economic rights. ## Moral rights — never transferable A performer always keeps two moral rights, whoever funds the production: to be **identified** when performing, when the recording is released or the performance broadcast, and to **the integrity of the performance image** — no one may edit, cut or distort it in a way that harms the performer's honour or reputation. Practical consequence: a producer may buy every economic right in a performance, yet still cannot splice the voice or image in a way that damages the artist. ## Economic rights — who funded the performance decides This is the part people most often get wrong. Article 29(1) provides: if the performer is **also the investor** — paying for the venue, crew and recording themselves — they hold both moral and economic rights. If **not**, the performer keeps moral rights while the **investor** holds the economic rights. In short, whoever pays decides who may exploit. An artist who performs under contract for an event organiser usually falls in the second group: they are paid, and the recording and release rights belong to the funder unless the contract says otherwise. The economic rights are the exclusive rights to do or authorise: (1) **fixing** the live performance in a recording; (2) **reproducing** the fixed performance directly or indirectly; (3) **broadcasting or communicating to the public** an unfixed performance, except where the performance is itself intended for broadcast; and (4) **distributing to the public** the original and copies by sale, rental or any technical means. ## Remuneration Article 29(4) requires anyone exploiting those economic rights to **pay the performer remuneration** as provided by law or by agreement. This matters to artists who have transferred their economic rights: the transfer does not by itself erase the user's duty to pay, unless the parties agreed otherwise. ## Term Performers' rights run **50 years from the year following the year the performance was fixed** (Article 34), ending at 24:00 on 31 December of the final year. ## Registration and cost The right arises automatically on fixation; registration is evidentiary only. The fee for a certificate covering a performance fixed in a sound recording is **VND 200,000**. ## Common mistakes **Assuming an artist owns their own recording.** A singer who records for a label usually does not own that recording — the label is the investor and the owner of the economic rights. The artist keeps moral rights and the right to agreed remuneration. **Assuming re-performing a song is enough "clearance" to use the original recording.** Clearing the composer only resolves the copyright layer. To use another artist's recording you must also clear the performer and the producer — see the [related-rights overview](/related-rights/related-rights-overview). ## Cited documents - [Consolidated document 67/VBHN-VPQH — Law on Intellectual Property](/en/legal-documents/ip-law-consolidated) — In force ## Sources - [Articles 29 and 34 of the IP Law — performers' rights and their term — Điều 29, Điều 34](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) - [WIPO Lex — the Rome Convention and WPPT in force for Viet Nam](https://www.wipo.int/wipolex/en/members/profile/VN) - Previous: [Related rights — the layer above copyright](/en/related-rights/related-rights-overview) - Next: [Rights of producers of sound and audiovisual recordings](/en/related-rights/producers-rights) --- Reference material only; it does not replace legal advice on a specific matter.