Beloved venues face legal spotlight
What surprised many observers about the case involving BH Media and several music venues was that the brands involved were not underground operators or poorly managed businesses. On the contrary, they were widely recognized names that had helped shape Vietnam’s contemporary cultural scene.
May Lang Thang and Lululola were considered pioneers of the “sunset music” model in Da Lat, contributing to the rise of tourism experiences centered around live music performances. Meanwhile, Giong Ca De Doi built a strong following among middle-aged audiences through bolero music programming. Many performance videos produced by these platforms attracted tens of millions of views on YouTube.
According to investigators, however, the issue did not stem from the live performances themselves. Instead, concerns arose during the next stage: recording performances and uploading them to digital platforms to generate advertising revenue without obtaining full authorization from copyright holders, particularly regarding sync rights.
To legally pair music with visual products ranging from films, television shows, and advertisements to social media video content, producers must secure sync rights from copyright owners. If they also wish to use the original sound recording for quality purposes, they must obtain additional master rights.
Globally, these procedures are mandatory and tightly regulated. In markets such as the United States, South Korea, and Europe, film studios, streaming platforms, and concert organizers are required to sign separate sync licensing agreements with publishers or copyright holders before commercially releasing video content.
Warning sign for Vietnam’s digital music industry
In Vietnam, the rapid growth of YouTube, TikTok, and “music tourism” concerts has sharply increased demand for digital music content. However, awareness of sync rights remains limited. Many event organizers have assumed that paying public performance royalties automatically grants permission to upload recorded performances online. As a result, numerous songwriters and copyright owners say audiovisual exploitation rights were never properly licensed or shared through revenue agreements.
In its 2024 annual report, the Vietnam Center for Protection of Music Copyright (VCPMC) warned that many organizations were delaying or avoiding copyright obligations, particularly in digital environments. Disputes involving music videos, livestreams, web dramas, and commercial YouTube content have become increasingly common.
Industry experts say the “gray area” surrounding sync rights has persisted for years because Vietnam’s entertainment market has expanded faster than the legal and regulatory framework governing copyright enforcement. Many content producers still lack specialized legal teams dedicated to music licensing, while the concept of sync rights itself remains relatively unfamiliar in the domestic market.
From a business perspective, the latest case is being viewed as a warning for Vietnam’s broader ecosystem of live entertainment and digital content production. An increasing number of venues in destinations such as Da Lat, Hoi An, Sa Pa, and Phu Quoc are developing tourism-driven concert models while simultaneously monetizing performances on social media platforms. Without a clear understanding of sync rights, individuals and organizations risk becoming entangled in costly copyright disputes.
As Vietnam pushes to expand its cultural industries, sync rights are no longer merely a technical legal issue. They are increasingly seen as a prerequisite for building a transparent and sustainable music market that fairly protects creators’ interests. While a live concert may end after one night, its economic life online can continue for years, and the value generated during that period must be distributed fairly among those who created the music.
In intellectual property law, public performance rights and sync rights are two entirely separate categories. An organization may receive permission to stage a song publicly after paying performance royalties to composers or rights-management organizations such as VCPMC. However, that does not automatically grant the right to record the performance, distribute it online, or commercially monetize it on platforms such as YouTube or TikTok.
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