July 21, 2024 | 14:00 GMT+7

Digital Copyright Exchange to be launched

Mr. Vu Kiem Van, Vice Chairman and General Secretary of the Vietnam Digital Communications Association, tells VET’s Ngo Huyen about the establishment of a Digital Copyright Exchange in Vietnam, which commenced trial operations in April last year and is scheduled for an official launch this October.

Can you tell our readers about the Digital Copyright Exchange?

The Digital Copyright Exchange will act as a platform where authors can showcase and publish their works, making it easier for those interested in acquiring copyright to find and connect directly with authors. It will act as a hub for receiving, processing, and resolving copyright infringement issues.

For instance, if an entity or individual discovers a copyright infringement, they can submit information and evidence to the Exchange. This will then be forwarded to relevant authorities, such as the Ministry of Information and Communications (MoIC) or the Ministry of Culture, Sports and Tourism (MCST) for appropriate intervention.

The Exchange also integrates digital rights management (DRM) technology, which is the most advanced tool currently available for managing digital content rights and enables us to track infringements of copyright online and identify the source of such violations.

Several countries have adopted this technology prior to a product’s digital release, for copyright owners to detect infringements or unintended releases, ensure transparency and user flexibility, and create sophisticated barriers against unauthorized copyright use.

When the Digital Copyright Exchange is launched, which stakeholders will be involved?

Firstly, it will cater to individuals and organizations seeking to safeguard their digital works. Secondly, it will serve individuals or organizations looking to obtain copyright for their operational needs. Lastly, it will engage Vietnamese copyright management authorities and potentially other organizations dedicated to protecting digital copyright.

What products are covered by the Digital Copyright Exchange?

The Exchange will primarily center around multimedia content such as films and music and also include business licenses for software products.

To what extent is there a pressing need for effective copyright protection tools in the digital copyright field?

Vietnam has enacted the Law on Intellectual Property, which features progressive provisions, and has committed to numerous international agreements concerning copyright protection, particularly in the digital realm. However, the safeguarding of author rights still encounters significant challenges, especially online.

Even prominent broadcasters face copyright infringements as their content is widely replicated, edited, and distributed unchecked across various digital platforms, generating substantial revenue for the violators. Thus, as the digital landscape advances, there is an escalating requirement for tools to protect creative works online.

Moreover, there has been a notable surge in business interest related to copyright, encompassing both domestically-authored products and rights acquired from abroad. In Vietnam, the trading of digital copyright assets is still quite a novel concept but is expected to become more commonplace, particularly amid the burgeoning digital economy.

The digital copyright industry currently holds substantial potential. As the market for copyright transactions expands, the demand for trading platforms is set to grow, offering considerable economic opportunities.

How big is the digital copyright industry?

According to results from World Intellectual Property Organization (WIPO) studies in 2021 assessing the economic contribution of copyright industries, in developed nations like the US, the sector contributes approximately 11.99 per cent of GDP, in South Korea 9.89 per cent, in France 7.02 per cent, in Australia 6.8 per cent, in Singapore 6.19 per cent, and in Canada 6.15 per cent. In developing countries, it contributes around 7.35 per cent of GDP in China, in Malaysia 5.7 per cent, in Thailand 4.48 per cent, and in Indonesia 4.11 per cent. These figures highlight the pivotal role of effective copyright protection in fostering economic, cultural, and social development in all economies.

The enhanced protection of digital copyright would encourage industry players to invest further, thereby enriching the market and enabling people to enjoy higher-quality content from both domestic and global sources. However, existing complexities in regard to copyright infringements may deter some from increasing their investment, for fear of direct economic repercussions from copyright violations.

A Digital Copyright Exchange represents a sizable management framework to effectively manage digital assets. Apart from the Vietnam Digital Communications Association, what other organizations will be involved in developing and overseeing the Exchange’s activities?

With its strong foundation in information technology and communications, coupled with a network linking relevant agencies, the Vietnam Digital Communications Association assumes a central role in operating the Exchange. It facilitates connectivity and harnesses resources across the ecosystem to safeguard copyright for the individuals and organizations involved. Establishing such an ecosystem necessitates collaborative effort from various organizations with diverse functions.

We are actively engaging technological resources from businesses and members to bolster the building of copyright protection systems. The Exchange will also work closely with government agencies such as the Authority of Broadcasting and Electronic Information at the MoIC, the Copyright Office at the MCST, the Intellectual Property Office at the Ministry of Science and Technology, and legal experts within this ecosystem. Both the MoIC and the MCST actively support these initiatives.

What technologies will be utilized to establish the infrastructure needed for managing and safeguarding digital assets in the digital realm?

The Digital Copyright Exchange will incorporate a variety of technologies. Firstly, for storage purposes, cloud technology will be employed to store and manage digital assets.

Secondly, digital rights management (DRM) technology, based on blockchain and other advanced methodologies, will be applied to label copyright for content. This will allow for the detection of unauthorized copying, editing, and distribution on platforms without the consent of the copyright owners. This technology is notably distinct, in that once applied to content it cannot be deleted, modified, or altered.

Thirdly, the platform will utilize technologies for tracking and promptly preventing violations.

Additionally, each system on the Exchange will integrate interactive features between buyers and sellers. Therefore, we are developing payment systems and real-time transaction monitoring tailored to orders between parties.

How will the introduction of a Digital Copyright Exchange affect the copyright market in Vietnam overall?

While many creators are conscious of protecting their intellectual property rights online, they often struggle to find avenues to safeguard their interests. Therefore, participating in the Digital Copyright Exchange will enable authors whose copyright is infringed to submit complaints, and we will assist them in addressing these violations. However, the effectiveness of such efforts will depend on the determination of multiple stakeholders and the scale and severity of the infringement.

On a societal level, the widespread adoption of a Digital Copyright Exchange will boost awareness among the public about recognizing copyright as a valuable asset that requires respect and careful handling in creation and use. This will encourage authors to proactively register their copyright. Historically, many creators did not prioritize registering their intellectual property rights when producing their work. Consequently, when facing infringement or theft, they lacked legal recourse, as State protection is typically extended only to registered intellectual property rights holders.

Additionally, with a “copyright exchange marketplace”, individuals seeking to utilize copyrighted content will find it easier to engage directly with copyright owners to facilitate transactions.

Will the Digital Copyright Exchange effectively address existing copyright infringement issues?

Resolving disputes and copyright infringements in Vietnam remains hugely challenging, and depends on the commitment of all parties involved, not just authors but also digital users. Closing legal gaps and strengthening enforcement measures are also crucial. Unlike in other countries, where severe penalties and high compensatory costs deter copyright violations, awareness about intellectual property rights and copyright issues in Vietnam remains limited. Even major television networks struggle with copyright infringements in the absence of adequate resolution mechanisms. Therefore, achieving the comprehensive resolution of copyright infringements will require substantial time and effort.

The introduction of a Digital Copyright Exchange is a starting point for receiving reports and complaints from individuals and organizations affected by copyright infringements. While it will undoubtedly raise awareness initially, effective resolution of such matters will require the further development of the legal framework, particularly in terms of enforcement and international cooperation.

Besides inadequately enforced penalties, what other factors contribute to widespread copyright violations?

The core issue lies in the challenge of identifying copyright infringers in the digital landscape. Many internet users in Vietnam lack awareness about the significance of copyright in content, and are generally indifferent to the legality of the content they consume. Vietnam’s digital copyright sector is still in its nascent stages, with the associations involved shouldering the dual responsibility of safeguarding author rights and raising public awareness about digital copyright issues.

Can the level of damage related to digital copyright violations be quantified, particularly given that the problem has become increasingly troublesome over the past three years?

According to SimilarWeb data, there are currently around 70 illicit football streaming websites, with over 1.5 billion views from 2022 to 2023. More than 200 unauthorized movie websites, meanwhile, attract approximately 120 million views a month, with the top 10 sites alone drawing in over 66 million views a month.

Copyright infringements in Vietnam are the third-highest in Southeast Asia and ninth-highest globally. Eighty per cent of these violations occur on digital platforms, predominantly affecting television programs, movies, music, and books. The estimated economic losses from copyright violations in Vietnam in 2022 amount to around $350 million annually.

As the Digital Copyright Exchange becomes operational, how will participants be safeguarded?

As members of the Digital Copyright Exchange, authors will have the right to lodge complaints if there are any infringements on their products. Unauthorized use of content will be promptly addressed. Specifically, through copyright tracking technology, authors will also be informed about how their works are being utilized on digital platforms and whether any unauthorized use is occurring.

We are currently focusing on further developing our technological infrastructure and are also actively recruiting members, including individuals and businesses, to join the Exchange. Collaboration with relevant international organizations is also being expanded, to establish a robust ecosystem.

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