REGULATIONS ON THE ESTABLISHMENT OF COPYRIGHT AND RELATED RIGHTS IN CASES INVOLVING THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS

Decree No. 134/2026/ND-CP (effective from April 9, 2026), amending and supplementing several provisions of Decree No. 17/2023/ND-CP detailing a number of articles and implementation measures of the Intellectual Property Law regarding copyright and related rights, introduces many important changes aimed at updating, clarifying, and supplementing regulations on copyright and related rights, particularly in the context of the development of artificial intelligence (AI) and digital transformation.

1. Expansion of Scope and Detailed AI-Related Regulations 
Decree No. 134/2026/ND-CP expands its scope to cover the latest amendments and supplements to the amended Intellectual Property Law of 2025. In particular, the Decree introduces detailed provisions on the establishment and use of copyright and related rights in cases involving artificial intelligence systems.

1.1. Establishment of Copyright and Related Rights in Cases Involving AI

Article 4 of Decree No. 134/2026/ND-CP provides detailed regulations on the establishment of copyright and related rights where AI is involved. Accordingly, copyright and related rights shall only arise where there is a significant and decisive human contribution in the creation, shaping, or performance of works, performances, sound recordings, video recordings, or broadcasts.
In addition, authors using AI to create works must bear responsibility for the content and ensure that such use does not infringe upon the rights of entities whose works or materials are used as input data. Products generated entirely by AI or those that fail to satisfy the above conditions shall not qualify for copyright or related rights protection.

1.2. Conditions for the Use of Protected Texts and Data for AI Purposes

Article 13 of Decree No. 134/2026/ND-CP supplements regulations on the use of texts and data protected by copyright and related rights for training AI systems. Such use must satisfy the following conditions:
(i) the materials must have been lawfully published;
(ii) access must be obtained from lawful sources; and
(iii) technological protection measures safeguarding rights must not be circumvented.
These texts and data may only be used for scientific research, testing, and AI training purposes, and not for commercial purposes. At the same time, such use must not conflict with the normal exploitation of the protected works, cause unreasonable prejudice to rights holders, or result in outputs that substitute the market for, or interfere with the normal exploitation of, copyrighted or related-rights-protected subject matter, nor create unfair competition.

1.3. Responsibilities of Organizations and Individuals Using AI

The responsibilities of organizations and individuals using protected texts and data for AI training are prescribed under Article 15 of the Decree, including obligations to retain technical records and training data and to provide such information upon request. Notably, where AI-generated outputs are commercially exploited, royalty payment obligations must be fulfilled from the time of use.

1.4. Reservation Rights of Rights Holders

For the first time, Decree No. 134/2026/ND-CP recognizes the right of authors, performers, copyright owners, and related rights owners to reserve their rights. Specifically, under Article 14, these entities have the right to prohibit protected texts and data from being used for scientific research, testing, or AI system training purposes. Such reservation must be clearly indicated in metadata, rights management information, and publicly announced on the websites of authorized collective management organizations for copyright and related rights.

2. Promotion of Digital Transformation and Simplification of Administrative Procedures

The new Decree emphasizes the application of information technology in the administration and implementation of copyright and related-rights procedures.

2.1. Development of a Specialized Database on Copyright and Related Rights

Pursuant to Article 5 of the Decree, the database will consolidate information on rights registration, collective management organizations, representative service organizations, assessment organizations and assessors, exceptions for persons with disabilities, and royalty rate schedules, for the purposes of information retrieval, sharing, and data connectivity.

2.2. Changes to Application Dossiers for Certificates

Article 18 of Decree No. 134/2026/ND-CP stipulates that application dossiers must include declarations, copies of works, authorization documents, documents proving ownership, consent documents from co-authors/co-owners, and notably, declarations and descriptions regarding the use of AI systems in the creative process, where applicable.

2.3. Online Submission and Return of Application Results

Clause 3, Article 34 of Decree No. 134/2026/ND-CP permits online submission through the public service portal for various procedures, including requests for approval to use works, performances, sound recordings, video recordings, and broadcasts managed by the State on behalf of copyright and related rights owners, as well as requests for approval of reproductions for teaching and research purposes not intended for commercial gain.
In addition, pursuant to Article 16 of the Decree, competent state authorities may issue electronic certificates of copyright and related rights registration, which carry the same legal validity as paper certificates.
However, in cases involving disputes, complaints, denunciations, or criminal proceedings relating to acts of intellectual property infringement, competent authorities shall temporarily suspend consideration of applications for copyright and related rights registration certificates in accordance with Article 17 of Decree No. 134/2026/ND-CP.

3. Strengthening Enforcement

Under Article 32 of the Decree, intermediary service providers and operators of digital platforms are responsible for preventing the sharing of infringing information, removing infringing content, and disabling services or applications containing unlawful content in accordance with cybersecurity, e-commerce, and other relevant laws. This is an important provision aimed at strengthening control over infringements in cyberspace.
In addition, copyright and related rights assessors are required to undergo professional training designed to provide specialized knowledge and skills while reinforcing professional ethics, thereby improving the quality of assessment activities. The framework curriculum for such professional training courses is detailed in Appendix II of the Decree.

4. Specific Royalty Rate Provisions

Another notable point is the issuance of a royalty rate schedule in Appendix I of Decree No. 134/2026/ND-CP.Accordingly, royalty rates for the use of works, sound recordings, and video recordings for broadcasting purposes are calculated as percentages depending on the type of radio or television broadcasting and the geographical scope (Hanoi/Ho Chi Minh City, Class I–III urban areas, remote or socio-economically disadvantaged regions). These regulations help standardize royalty calculation mechanisms, safeguard the rights and interests of authors, and establish a transparent legal basis for organizations exploiting and using protected works.

By Minh Quan, Associate at Midland & Partners