Digital copyright gaps and the power of MCNs

Digital copyright gaps and the power of MCNs

Associate Professor Nguyen Van Thang Long, Associate Program Manager of Professional Communication at RMIT Vietnam, analyses the growing imbalance of power within Vietnam’s digital copyright ecosystem.

As online copyright disputes become increasingly complex, the controversy surrounding BH Media has reignited debate over the role, influence, and accountability of MCNs (Multi-Channel Networks) on platforms such as YouTube and TikTok.

Currently, only a small number of MCNs in Vietnam are granted access to large-scale content management systems such as Content ID.

These companies can create digital fingerprints for content, issue copyright claims, block videos, or monetise hundreds or even thousands of uploads through just a few technical steps. Meanwhile, most singers, musicians, and content creators do not possess equivalent tools and may not fully understand concepts such as metadata, sync licences, or digital fingerprinting.

MCNs hold large-scale content management tools, while artists and creators often lack the knowledge and resources to protect themselves. (Image: Magnific) MCNs hold large-scale content management tools, while artists and creators often lack the knowledge and resources to protect themselves. (Image: Magnific)

According to Associate Professor Nguyen Van Thang Long, the concern is not the existence of MCNs themselves, but the fact that power is disproportionately concentrated in the hands of those who control the technology.

“I do not think the term “dark power” implies that MCNs are inherently bad. Rather, in Vietnam, power has tilted heavily towards a handful of companies that possess the tools, while artists and creators are almost empty-handed,” he said.

He argues that the overreach of some MCNs reflects a broader reality in which technology has evolved much faster than both legal frameworks and the digital literacy of the creative community. Vietnam transitioned rapidly from physical media to YouTube, TikTok, and streaming platforms, yet many artists entered the digital environment without foundational knowledge of copyright, related rights, or digital licensing structures.

This knowledge gap has led many artists to sign channel management or digital distribution agreements without fully understanding the scope of authorisation, duration, or revenue-sharing arrangements involved. By failing to recognise data and digital fingerprints as valuable assets, many unintentionally handed over “the keys” to companies with technological control, only realising the disadvantages years later. 

At the same time, MCNs are often the parties with the deepest understanding of platform systems. They know how to operate Content ID, optimise copyright claims, and exploit verification loopholes, while many artists remain unfamiliar with digital copyright mechanisms and regulators have yet to establish detailed guidelines for the online environment.

According to Associate Professor Long, MCNs also exist widely in developed countries, but they operate within a much stricter copyright ecosystem.

To exploit music catalogues, MCNs are generally required to sign clear licensing agreements with music publishers, record labels, or collective management organisations such as ASCAP, BMI, PRS for Music, or JASRAC. These agreements specify recording rights, synchronisation rights for pairing music with visuals, territorial scope, licensing duration, and revenue-sharing arrangements.

In many countries, artists are also supported by strong professional associations and specialised intellectual property lawyers. If an MCN misuses Content ID or falsely claims ownership of content, it may face substantial civil or even criminal penalties. 

Another major difference is that digital copyright education is treated as a core component of the creative industries infrastructure. Artists, producers, and managers are regularly trained in copyright, related rights, digital licensing, and legal risks in online environments.

Associate Professor Nguyen Van Thang Long, Associate Program Manager of Professional Communication at RMIT Vietnam (Image: RMIT)Associate Professor Nguyen Van Thang Long, Associate Program Manager of Professional Communication at RMIT Vietnam (Image: RMIT)

Associate Professor Long also believes that platforms such as YouTube need to take greater responsibility within the Vietnamese market.

“In many major markets, YouTube faces strong pressure from both regulators and the creative community, forcing the platform to improve its appeal systems, become more transparent about wrongful claims, and closely monitor accounts that abuse copyright tools. In Vietnam, however, despite generating significant revenue, the platform has not demonstrated the same level of accountability,” he said.

According to him, the fact that a company like BH Media was able to register, exploit, and dispute copyrights on such a large scale for many years suggests that platforms have left too much room for intermediaries, rather than proactively designing safeguards and dedicated communication channels for Vietnamese artists and musicians.

Regarding the recent prosecutions related to “copyright and related rights infringement”, Associate Professor Long described them as a potential turning point in how authorities perceive digital copyright violations. 

“The message to the market is becoming very clear: business models that generate revenue without permission from authors, composers, or recording owners will no longer remain in a tolerated grey area,” he said.

According to him, this represents a necessary “hard brake” for the creative industry, forcing MCNs, entertainment companies, and event organisers to reassess their business models, from artist contracts to recording, filming, and digital distribution licences.

However, he also warned that aggressive enforcement without clear guidelines and implementation support could leave the market “frozen”, with businesses becoming reluctant to invest, record performances, or upload content to digital platforms.

He believes this is an appropriate moment for regulators, organisations such as the Vietnam Center for Protection of Music Copyright (VCPMC), music associations, and digital platforms to work together to establish clearer standards for music exploitation in the digital environment. 

“At a time when Vietnam is placing increasing emphasis on cultural exports and the creative industries, cleaning up the copyright environment is a prerequisite. If stronger enforcement is accompanied by a broader reform roadmap, where artists receive proper training, businesses are given clearer guidance, and platforms are required to become more transparent, this could become the foundation for a healthier and more sustainable copyright market,” Associate Professor Long emphasised.

Story: June Pham

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