As human creators increasingly work alongside algorithms, protecting cinema means safeguarding not only finished films but also the data, creative processes and intellectual property behind them.
Who is the author of an AI-assisted film?
Dr. Vu Hoai Nam of the Posts and Telecommunications Institute of Technology said AI is increasingly used in filmmaking, from script development and character design to landscape generation, lighting, and the simulation of complex shooting conditions. This raises a fundamental question: when humans and machines jointly create a work, where does human creativity begin and end?
Director Pham Vinh Khuong said AI should be treated as a tool, not an author.
“AI is merely a paintbrush. It has neither consciousness nor legal personality to be named as an author. Copyright should belong to the director — the person who provides the creative vision, writes the prompts, adjusts camera angles and shapes the final product,” he said.
However, he noted that the issue remains unsettled internationally, with no universally accepted legal precedent.
Ms. Pham Thi Kim Oanh, Deputy Director of the Copyright Office of Vietnam under the Ministry of Culture, Sports, and Tourism, said the key challenge is distinguishing between AI as a creative tool and autonomous machine-generated content. Automatically granting copyright to anyone who enters a prompt could protect “effortless creativity” without requiring substantial intellectual input. Conversely, placing all AI-generated works in the public domain could discourage major studios from investing in AI, as competitors could freely reproduce their virtual characters and visual effects.
Vietnam’s Decree 134/2026/ND-CP has taken an initial step toward resolving the issue. AI-assisted works can receive copyright protection when humans make substantial and decisive creative contributions, assume responsibility for the content and legality, and do not infringe copyright in input data.
The decree also requires applicants registering cinematographic works to disclose content, images, or sounds generated with generative AI. While registration covers the film as a whole, protection does not extend to scenes or virtual characters created entirely independently by AI.
A major challenge remains verifying which elements result from human creativity and which are generated by algorithms, as Vietnam still lacks adequate AI-auditing tools.
Meritorious Artist Trinh Quang Tung, Deputy General Director of the Central Studio of Documentary and Scientific Films, said transparency should be mandatory for AI-assisted works.
Audiences, he said, have the right to know whether what they see is an actual recording or an AI-generated image.
Protecting cinematic data and artists’ digital replicas
If AI-generated content raises questions over ownership, its input raises another: what data did the AI learn from?
In Vietnam, unauthorized deepfake technology has been used to scan artists’ faces and voices and reproduce them for profit, turning celebrities into unwilling victims. Meritorious Artist Hong Van and performers including My Tam, Quang Le, Ngo Thanh Van, Ninh Duong Lan Ngoc, and Ly Hai and Minh Ha have been used as “faces” for products or services they never endorsed. AI replicas of actors Quoc Truong, Khac Viet, and Khoi Tran have also allegedly been used to promote online gambling and illegal lending.
The controversy surrounding Chot Don! (Deal!), whose producer used AI to create a character resembling beauty queen Thuy Tien, further highlights the blurred line between legal compliance and professional ethics.
The Vietnam Cinema Department supports AI use by young filmmakers to reduce costs and expand creative possibilities, but stresses the need to respect copyright, image and voice rights, professional ethics and responsibility for public content.
“AI should assist human creativity rather than replace human beings,” said Mr. Dang Tran Cuong, Director of the Vietnam Cinema Department.
Ms. Pham Thi Kim Oanh said commercial AI training is increasingly shifting toward licensing, with rights holders granting permission in return for payment. Vietnam’s Decree 134/2026/ND-CP exempts scientific research and non-commercial uses while requiring copyright fees for commercial AI models.
Ms. Trinh Thi Thuy Lien, General Director of VinStudio, urged studios to strengthen data governance through digital watermarking, C2PA content provenance standards, and intellectual-property tracking. She cited Lionsgate’s partnership with Runway, which uses the studio’s licensed film library to train AI under a consent-and-compensation model, as an example of more responsible AI development.
Preserving the human imprint in the digital age
Adapting to AI will require more than new laws. Vietnam also needs stronger enforcement, professional production procedures, and robust data governance.
Film productions should maintain a clear record of AI use, including the tools and input data involved, the stages where AI was used, and how human creators modified the output. Such records could provide crucial evidence in copyright disputes.
Human resources are equally important. Dr. Vu Hoai Nam said the Posts and Telecommunications Institute of Technology will launch a “Cultural Industry Technology” program in the 2026-2027 academic year, combining arts and technology to train professionals in digital production and legal requirements.
Prof. Ho Tu Bao of the Institute of Advanced Study in Mathematics warned that without stronger AI and intellectual-property regulations, AI-integrated training, effective film-support mechanisms and greater awareness of cultural identity, Vietnam may struggle to build a sustainable film industry.
Technology may transform filmmaking, but cinema’s artistic value ultimately rests on human thought and emotion. Protecting Vietnamese cinema in the AI era therefore means safeguarding the entire creative chain and the cultural identity it carries.
Collective rights-management organizations for cinema and music in Vietnam should also take a more proactive role by developing “clean data packages” consisting of film and music materials with fully secured copyrights and licensing them to AI developers.
Such a system could create a sustainable new revenue stream for filmmakers while giving technology companies access to legally obtained training data that complies with Vietnamese law and cultural standards, said Ms. Pham Thi Kim Oanh.
