I have been a freelance singer for over two years. Due to the overload of performance shows causing not to guarantee my health and quality of performance, I pre-record the songs, and I just lip-sync the performance. I would like to ask whether if this act will be considered a violation of the law, and will I be penalized?
Thank you for concerning and trusting in FDVN’s legal services. Regarding the client’s request, after studying relevant legal provisions. Please kindly see the answer below:
Lip-syncing means performers will sing and record on tape or other means that can record. The vocals and sounds in the recording have been processed to eliminate background noise, and edit bass - treble as request. During the performance, the singer will sing along to match the music and lyrics that are played from the recording (but in fact, there is no sound from the singer). Thus, lip-syncing is a form of pretending to sing with pre-recorded parts and use in performance programs.
In fact, the audience does not accept lip-syncing because this act does not show the singer's capacity. The law also has regulations on penalties for lip-syncing in Decree No. 158/2013 / ND-CP, amended by Decree 28/2017 / ND-CP:
“3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for one of the violations below:
a) Holding the art or fashion show in contravention of the license;
b) Replace the performer’s voice or solo instrument with audio recordings;
In addition, performers also apply additional penalties as prescribed in Clause 14, Article 2 of Decree 28/2017 / ND-CP as follows:
“14. Point a Clause 10 Article 13 shall be amended as follows:
a) The performer that commits the acts mentioned in Point b and Point c Clause 3, Point d and Point e Clause 5 of this Article shall be banned from performance for 3 - 6 months;”
Thus, regarding the above lip-sync acts, singers can be fined from 5,000,000 VND to 10,000,000 VND and banned from performance from 03 to 06 months.
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