What Should I Do If I Find My Music Being Used Without Permission?

One day you discover your music appearing in an advertisement, a YouTube video, or a café — but you never granted a license. How should you handle it correctly and effectively?

Disclaimer: This Article is for general informational purposes only and does not replace legal advice for specific situations.

TL;DR

Unauthorized use of music may constitute an infringement of Copyright or Related Rights. However, not every case needs to be handled through litigation. An effective approach begins with accurately identifying the legal nature of the use and the rights being infringed — this determines the entire response strategy that follows.

This article guides you through 5 key steps: identifying the use, determining the scope of your ownership, assessing legality, gathering sufficient evidence, and choosing the appropriate strategy — such as a takedown request, a licensing and payment demand, negotiating a partnership, or pursuing stronger legal remedies.

Handling the situation correctly not only protects your legal rights but can also turn a risk into a commercial opportunity.

Steps to Take When You Discover Unauthorized Use

When you discover your work being used without authorization, the initial reaction is often emotional. However, to protect your rights effectively and avoid mishandling the situation, rights holders should approach the issue in a structured sequence.

Here are the key steps to assess the situation and choose the right response:

Step 1: Identify How Your Music Is Being Used

Before taking action to protect your music, you need to clarify 3 fundamental factors:

• Where is it being used? (digital platform, physical venue, broadcast media, etc.)
• Which component is being used? (the Musical Composition or the Sound Recording)
• What is the purpose of use? (commercial or non-commercial, public or internal. 

This is the foundational step, as each type of use corresponds to different categories of legal rights.

Example: Consider two common infringement scenarios involving the same song.

Case 1: A cover version recorded by another artist without authorization may infringe the author's copyright in the musical composition — but does not implicate the sound recording rights, as that artist created an entirely new recording.

Case 2: A YouTube video that reuses the original master recording without authorization simultaneously infringes both layers of rights: the author's copyright in the musical composition and the related rights in the sound recording.

→ Misidentifying which rights layer is being infringed leads directly to a misdirected claim — against the wrong party, through the wrong channel, or on the wrong legal basis.

See more: "What Are Music Copyright Use Cases? A Guide to U.S. Copyright Law"

Step 2: Determine the Scope of Your Ownership

You do not always hold all rights to a piece of music. You need to clearly establish:

• Are you the Author (creator) or the Copyright Owner (assignee)?
• Do you hold rights in the Sound Recording, or only in the Musical Composition?
• Have those rights been assigned or exclusively licensed to a third party?
• Do you have co-authors? If so, what is the scope of rights you are entitled to enforce independently?
• Have you authorized another entity to collect royalties on your behalf?

Misunderstanding the scope of your rights is one of the most common causes of ineffective handling.

See more: "Who Owns Music Copyright?"

Step 3: Assess the Legality of the Use

Not every unauthorized use constitutes an infringement. The user may have already obtained a valid license (through a platform, a collective management organization, or a direct agreement with the rights holder), or the use may fall within statutory limitations and exceptions (e.g., use for research, education, or fair quotation). It is therefore necessary to verify this before issuing any demand or complaint.

See more: "Fair Use vs Fair Dealing in Music context"

Step 4: Gather and Preserve Evidence

If there are signs of infringement, you need to document the unauthorized use thoroughly and clearly through:

• Full-screen screenshots or screen recordings showing the URL and timestamp clearly
• Saving the original URL and information about the channel/page/account using the content
• Recording the scope of use: how long the music segment is used and at what timestamp it appears
• Evidence of commercial intent: whether the video has monetization enabled, advertisements displayed, ticket prices or revenue figures (if applicable)
• Notarized evidence (vi bằng) where a higher level of legal weight is required, particularly when preparing for litigation

At the same time, prepare documentation proving rights ownership, such as:

• Original files with metadata (creation date, author name in ID3 tags or file properties)
• Recording contracts, composition agreements, or rights allocation agreements if there are co-authors
• Copyright registration certificate issued by the Copyright Office (if registered)

 Comprehensive evidence will strengthen your position in negotiations or dispute proceedings.

Step 5: Choose Your Strategy

Once you have clearly identified the use, the scope of your rights, and have sufficient evidence, the next step is to select the appropriate course of action. This is a strategic phase, as not every case warrants an aggressive approach from the outset. Choosing the right option not only protects your rights but also optimizes the commercial value of your work.

(1) Takedown Request

This option is appropriate where you do not wish the work to continue being used, or where the use negatively affects your image, reputation, or exploitation strategy.

Rights holders may:

• Submit a takedown request through the copyright complaint tools of the relevant platform (such as YouTube, Facebook, or TikTok) (See also: "How Do I Know If Someone Is Using My Music Without Permission?"); or
• Contact the user directly to demand that the infringing conduct cease.

This is a fast and effective approach in the digital environment, particularly when your priority is to stop the use immediately rather than to extract commercial value.

(2) Licensing and Payment Demand

Where the use is commercial in nature (e.g., advertising, business operations, brand communications), rather than demanding a takedown, you may require the user to enter into a licensing agreement and pay royalties.

This option is appropriate when:

• The user is a business or organization with capacity to pay;
• The content being exploited generates clear economic value.

Converting an infringement into a lawful license is often the most financially effective approach, while also establishing a clear legal basis for future use. 

Practical process

• Contact the infringing party in writing, clearly stating: (1) that you are the rights holder; (2) that the work is being used without authorization; (3) a proposal to enter into a lawful licensing agreement at a specified fee; and (4) a deadline for response before further action is taken.
• On pricing: there is no fixed rate. It depends on the scale of use, reach, commercial purpose, and the market context of the unauthorized use.

See also: "Tìm hiểu về cấp phép sử dụng Tác phẩm âm nhạc và Bản ghi âm" (Understanding the Licensing of Musical Works and Sound Recordings)"

(3) Partnership Negotiation

In many cases, unauthorized use does not stem from deliberate infringement, but from a lack of knowledge or incomplete legal process. If the user demonstrates good faith or partnership potential, you may consider redirecting toward negotiation.

Possible forms of cooperation include:

• Entering into a long-term licensing agreement;
• Content exploitation partnerships (e.g., co-production, distribution, or promotion);
• Building a commercial relationship within the music ecosystem.

 This approach is particularly useful when you wish to expand the commercial exploitation of your work rather than simply resolving an infringement.

(4) Legal Action

Where the infringement is serious or the user fails to cooperate, you may consider pursuing legal remedies available under applicable law [1].

Available measures include:

• Demanding cessation of the infringing conduct;
• Demanding removal and deletion of infringing content from telecommunications and internet networks;
• Public apology, correction, and compensation for damages;
• Filing for administrative penalties [2];
• Initiating proceedings before a court of competent jurisdiction.

However, legal action requires careful consideration based on factors such as cost, time, the likelihood of recovering damages, and the impact on business operations. In practice, for small-scale infringements in Vietnam, litigation costs frequently exceed the compensation recoverable. In many cases, this should be a measure of last resort when negotiated solutions have failed.

Common Mistakes

In practice, many rights holders respond impulsively or without a clear framework — and ge suboptimal results. Common mistakes include:

• Acting emotionally from the start — Immediately demanding a takedown or threatening legal action before fully assessing the situation can cost you a commercial opportunity or create unnecessary tension.
• Not confirming your ownership — Many people discover an infringement only to find they don't actually hold the relevant licensing rights (e.g., rights have been assigned or are managed by another party), making their demand legally unfounded.
• Skipping the legality check — Failing to verify whether the user has a license through a platform or CMO, or whether the use qualifies under a statutory exception, can lead to misdirected complaints.
• Focusing only on "stopping" instead of "monetizing" — An immediate takedown can eliminate a potential revenue stream, particularly when the use has genuine commercial value.
• Insufficient evidence or preparation — Failing to save records of the use or documents proving ownership weakens your position in any negotiation or dispute.

Strategic Perspective

In an era where music is being exploited heavily across digital platforms, unauthorized use isn't just a legal risk — it also signals market demand for your work.

Rather than framing the issue purely as a "violation," rights holders should ask broader questions:

• Does this use create economic value?
• Can it be converted into a legitimate licensing relationship?
• Does it align with the long-term strategy for this work?

In many cases, a flexible approach — combining rights protection with commercial exploitation — will deliver better outcomes than a rigid enforcement stance.

Rights management isn't just about "protection." It's about optimizing the value of your intellectual property.

Conclusion

Discovering that your music is being used without permission isn't just a legal matter — it's a situation that calls for strategic thinking.

To handle it effectively, rights holders should:

• Accurately identify the use scenario and the rights involved;
• Gather and prepare sufficient evidence;
• Choose a response strategy that aligns with their goals.

In an increasingly complex, global music ecosystem, understanding the law is necessary — but how you handle the situation is what determines the value you extract from your rights.

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REFERENCES

[1] Articles 198, 199, 200, 202 of the Intellectual Property Law; and

[2] See Decree 341/2025/ND-CP on administrative penalties for violations of copyright and related rights for further details.