Commercial Arbitration and Copyright Issues

February 2, 2026

1. Copyright Law and Commercial Arbitration

The term “copyright” is not a strictly technical legal term but is commonly used to refer to “authors’ rights.” Authors’ rights are regulated under the Law on Intellectual Property 2005 and belong to individuals or organizations that create or own literary, artistic, or scientific works.

Article 4. Interpretation of Terms
“…
2. Authors’ rights mean the rights of organizations or individuals over works they create or own.
…”
(Law on Intellectual Property 2005)

Protected works under copyright include literary, artistic, and scientific works such as textbooks, teaching materials, and other works expressed in written form or other symbols as prescribed in Point a Clause 1 Article 14 of the Law on Intellectual Property 2005; lectures, speeches, and other oral works; journalistic works; musical works; stage works; cinematographic works and works created by similar methods; fine art and applied art works; photographic works; architectural works; sketches, maps, and drawings related to topography or scientific works; folk art works; computer programs and compilations of data (Article 14, Law on Intellectual Property 2005).

Article 15 of the Law on Intellectual Property 2005 also stipulates objects that are not protected by copyright and may be freely used without payment, provided that the source is cited. These include pure news reports, legal normative documents, administrative documents, judicial documents and their official translations, as well as processes, systems, methods of operation, concepts, principles, and data.

Authors’ rights consist of two main components: moral rights and economic rights.

Article 19. Moral Rights
Moral rights include:

The right to name the work;
The right to use one’s real name or pseudonym on the work and to be identified when the work is published or used;
The right to publish the work or authorize others to publish it;
The right to protect the integrity of the work and prevent any distortion or modification that harms the author’s honor or reputation.

Article 20. Economic Rights
Economic rights include:
a) Creating derivative works;
b) Public performance of the work;
c) Reproduction of the work;
d) Distribution or importation of original copies or copies of the work;
dd) Communication of the work to the public via wired or wireless means, electronic information networks, or other technical means;
e) Rental of cinematographic works or computer programs.

Economic rights are exercised exclusively by the author or copyright owner or may be licensed to others in accordance with the law. Organizations or individuals exploiting such rights must obtain permission and pay royalties or remuneration to the copyright owner.

Moral rights are protected indefinitely pursuant to Clause 1 Article 27 of the Law on Intellectual Property 2005. Economic rights and the right to publish a work are protected for a limited duration under Clause 2 Article 27. For cinematographic works, photographic works, stage works, applied art works, and anonymous works, the term of protection is fifty years from the first publication. For other works, protection lasts throughout the author’s life and fifty years after the author’s death.

In practice, copyright disputes often arise from copyright transfer or licensing contracts, design, software, or digital content contracts, disputes between enterprises and freelancers, agencies, or Key Opinion Leaders (KOLs), and the exploitation of works on e-commerce platforms and social media. Since most copyright disputes are contractual and commercial in nature, commercial arbitration is often chosen as a dispute resolution method.

To be resolved by arbitration, a dispute must arise from commercial activities, involve valid arbitration agreements, and relate to the economic rights of copyright. Disputes purely concerning moral rights or administrative or criminal sanctions fall outside the jurisdiction of commercial arbitration under the Law on Commercial Arbitration 2010.

Article 2. Jurisdiction of Arbitration

Disputes arising from commercial activities;
Disputes in which at least one party engages in commercial activities;
Other disputes prescribed by law to be resolved by arbitration.

Arbitration offers advantages such as confidentiality, high expertise, flexibility, speed, and international enforceability. However, challenges remain in distinguishing moral and economic rights and in collecting and assessing digital evidence such as electronic copies, timestamps, and blockchain records.

2. Arbitration Procedures for Resolving Copyright Disputes

To resolve a dispute by arbitration, the dispute must arise from commercial activities and be subject to a valid arbitration agreement.

Step 1: Filing the arbitration claim with the selected arbitration center, including information on the parties, infringing acts, legal grounds, and claims for compensation or cessation of infringement.
Step 2: Establishment of the Arbitral Tribunal with an odd number of arbitrators agreed upon by the parties.
Step 3: Submission of statements of defense and evidence proving authorship and infringement.
Step 4: Arbitration hearing for presentation of legal arguments and expert opinions.
Step 5: Issuance of the arbitral award, which is final and binding.
Step 6: Enforcement of the arbitral award or application to court for enforcement or annulment in accordance with the law.

3. Notable Copyright Disputes

A prominent international case is the dispute between Ed Sheeran and the heirs of Ed Townsend regarding the song “Thinking Out Loud”, which was alleged to infringe “Let’s Get It On” by Marvin Gaye. The court ruled that the similarities were insufficient to constitute copyright infringement.

A landmark Vietnamese case involved artist Lê Linh and Phan Thị Company concerning the comic series “Thần đồng đất Việt.” The court recognized Lê Linh as the sole author, clarifying the distinction between authorship and commercial exploitation rights, thereby strengthening copyright protection in Vietnam.

4. Protection of Authors’ Rights through Arbitration

First, establishing a clear arbitration agreement in contracts is a fundamental measure to protect authors from the outset. In copyright assignment, licensing, or exploitation contracts, authors should pay particular attention to drafting specific arbitration clauses so that, in the event of a dispute, arbitration may be chosen as the dispute resolution mechanism with the advantages discussed above.

Second, the selection of arbitrators with specialized expertise and experience in copyright law helps ensure accuracy, professionalism, and objectivity in dispute resolution.

Third, the use of diverse forms of evidence is crucial. During arbitral proceedings, authors may flexibly submit various types of evidence, such as original manuscripts, digital files, source codes, contracts, copyright registration certificates, or expert opinions, to prove ownership of copyright and acts of infringement.

Fourth, taking advantage of the confidentiality of arbitration proceedings helps protect the reputation and commercial value of the work, particularly for unpublished works or works exploited in competitive markets.

Finally, authors should request appropriate remedies in the arbitral award, including orders to cease infringing acts, compensation for damages, proper performance of contractual obligations, or other remedial measures agreed upon by the parties.

5. Preventive Measures against Copyright Disputes

To prevent the risk of copyright infringement during the creation and exploitation of works, authors and related entities should implement preventive measures from the beginning.

First, copyright registration is an important measure to establish a clear legal basis for ownership of the work. Although copyright protection arises automatically upon fixation of the work, a certificate of copyright registration has higher evidentiary value in the event of a dispute.

Second, copyright exploitation, assignment, or licensing contracts should be drafted carefully and comprehensively. Contracts should clearly specify the scope of use, duration, territory, rights and obligations of the parties, as well as dispute resolution mechanisms, in order to avoid differing interpretations that may lead to legal conflicts.

Third, all evidence related to the creative process should be properly preserved, including original drafts, design files, digital data, creative logs, email correspondence, and other relevant documents. Such materials serve as an important basis for proving authorship and the time of creation of the work.

Fourth, legal awareness of copyright should be enhanced among individuals and organizations engaged in creative, production, and content-related business activities. A correct understanding of the distinction between “ideas” and “forms of expression” helps reduce copyright infringement caused by a lack of legal knowledge.

Finally, authors and rights holders should proactively monitor and protect copyright in the digital environment, particularly on online platforms. Early detection of unauthorized copying or use and timely adoption of measures such as negotiation or cease-and-desist requests can help prevent disputes from escalating.

6. Resolving Copyright Disputes through the BIGBOSS International Commercial Arbitration Center (BBIAC)

To resolve disputes through commercial arbitration at the BIGBOSS International Commercial Arbitration Center (BBIAC), parties may include one of the following arbitration clauses in their contracts:

6.1. Standard Arbitration Clause

The parties may additionally agree on:
(a) the number of arbitrators [one or three];
(b) the seat of arbitration [city and/or country];
(c) the governing law of the contract [ ];*
(d) the language of arbitration [ ].**

Note:
Applicable only to disputes involving foreign elements.
*Applicable only to disputes involving foreign elements or disputes in which at least one party is a foreign-invested enterprise.

6.2. Arbitration Clause under Expedited Procedure

“Any dispute arising out of or in connection with this contract shall be resolved by arbitration at the BIGBOSS International Commercial Arbitration Center (BBIAC) in accordance with its Arbitration Rules. The parties agree that the arbitration proceedings shall be conducted under the Expedited Procedure as provided in Article 37 of the BBIAC Arbitration Rules.”

The parties may additionally agree on:
(a) the seat of arbitration [city and/or country];
(b) the governing law of the contract [ ];*
(c) the language of arbitration [ ].**