Many FDI companies in Vietnam produce their own intro videos, training podcasts and how-to clips yet assume the rights are ‘obviously ours’. In fact, the IP Law grants a distinct bundle — the related rights of phonogram and videogram producers — to whoever organises and funds the production, and this bundle works differently from the copyright of the creators whose content sits inside the recording.
What a producer’s rights actually cover
- Who counts as producer — Article 30 of the IP Law: the producer is the organisation or individual investing finance and technical facilities to make the recording; investment, not holding the camera, is the deciding factor.
- Exclusive economic rights — the producer may reproduce the recording, distribute and rent originals or copies, and communicate it to the public online; others must seek permission and pay.
- Term of protection — Article 33: producers’ rights last 50 years from the year following production — a date worth recording in the company’s asset register.
- Limits — Articles 32 and 25: temporary technical copies and reasonable quotation for news reporting are not infringement, so a company cannot ban every reference to its recordings.
When an outside studio shoots for you
- State in the production contract that the company is the producer (the investor) and the studio is only a paid technical contractor.
- Require delivery of all raw files and project files plus a confirmation of no separate exploitation rights; limit any portfolio use by the agency.
- Register the related rights with the Copyright Office for recordings with long-term value — the certificate makes proof before platforms and courts far faster.
A recording the company paid to produce is an asset protected for up to 50 years. One clear contract clause and a strict master-file handover prevent the most common dispute: an agency exploiting a client’s recording for third parties.
Frequently asked questions
We produce our own videos and podcasts — what rights do we hold?
As producer under Article 30 of the IP Law, the company exclusively controls reproduction, distribution, rental and online communication of the recording for 50 years.
We hire a filming crew — who owns the recording?
The investing producer, i.e. the commissioning company, provided the contract says so; the crew holds only the rights agreed in its service fee terms.
How do we stop others copying our recordings?
Copying is already exclusive to the producer; keep production-investment evidence and consider registering the related rights with the Copyright Office for easier enforcement.
This article has been quality-reviewed by the FLAW AI Legal Council