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In the era of artificial intelligence (AI) and digital transformation, businesses across sectors are harnessing AI-powered tools to automate content creation, streamline operations, and enhance user engagement.
However, the use of AI to generate and disseminate digital content raises substantial legal risks — particularly in relation to copyright. For businesses operating in Vietnam and beyond, understanding and proactively addressing these risks is not just a matter of legal compliance, but a strategic imperative.
Copyright Ownership in the Age of AI: Where the Law Stands
Copyright, at its core, is a legal mechanism to protect original works created by human authors. Vietnamese law, in alignment with global copyright frameworks such as the Berne Convention, currently recognizes only works produced by human individuals as eligible for copyright protection. This leads to an immediate legal gap when AI is used to generate creative works — from marketing slogans to images, music, reports, or entire websites.
If an AI system produces a piece of content without substantial human input, does anyone own it? The prevailing legal view suggests that such content may fall outside the scope of copyright registration in Vietnam entirely. In contrast, if a human uses an AI tool with clear creative direction and oversight, that human might retain copyright — but only in parts where human authorship is evident. As of now, Vietnamese law does not expressly regulate these nuances, creating considerable uncertainty for businesses.
Companies leveraging AI must therefore carefully define roles, responsibilities, and intellectual property (IP) rights in employment agreements, contracts with content creators, and terms of service for users. In-house content teams and marketing departments should be trained to document their creative inputs, which could help support authorship claims in future disputes.
Risk of Infringement When Using AI-Generated Content
While AI promises efficiency, it also carries hidden copyright infringement risks. Many generative AI models are trained on large, often unverified datasets scraped from online sources, some of which contain copyrighted material. If an AI system replicates or closely imitates such content, the resulting output could amount to unauthorized reproduction — even if the user had no intent to infringe.
In Vietnam, copyright infringement may give rise to civil damages, administrative penalties, or even criminal liability in severe cases. In addition, companies risk reputational damage and platform bans if found to be distributing infringing content.
To mitigate these risks, businesses should:
- Choose reputable AI tools that disclose their data training sources and content usage policies.
- Establish clear internal guidelines for using AI in content creation, including human review of outputs.
- Avoid using AI to replicate third-party content, particularly from protected sources such as published books, news articles, or proprietary databases.
- Consider employing content detection tools or legal audits to identify and resolve potential infringement early.
- Monitor and respond to takedown requests or legal notices promptly and transparently.
By embedding these practices into daily operations, companies can protect themselves while still benefiting from the transformative power of AI.
Preparing for Evolving Copyright Regulations
Vietnam is in the early stages of developing regulatory frameworks for emerging technologies. While the current Intellectual Property Law does not directly address AI-generated content, legal reform is anticipated in the coming years. The government is observing developments in jurisdictions such as the EU, the US, Japan, and China — many of which are actively debating the treatment of AI under copyright law.
Forward-thinking businesses should monitor legal developments and participate in consultations, particularly those affecting industries such as media, education, e-commerce, and software development. Companies may also consider investing in compliance programs or consulting with intellectual property counsel to design adaptable governance frameworks for AI deployment.
In the meantime, businesses should act conservatively — assume that human authorship remains the baseline for copyright eligibility, and treat AI-generated content as potentially non-protected or high-risk unless properly curated. Where copyright registration in Vietnam is possible (e.g. for human-edited versions of AI drafts), businesses should pursue it early to establish legal standing.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
