In practice, however, Content ID has repeatedly been criticized for being misused to issue wrongful copyright strikes or claims, including against videos lawfully used for commentary, educational, or transformative purposes. Certain organizations and content management entities have been accused of exploiting the system to collect advertising revenue or exert control over content that they do not legitimately own.

In Vietnam, since YouTube introduced the Content ID system, numerous controversial disputes relating to copyright and related rights have emerged, including:

·       Videos containing “Tiến Quân Ca” – the National Anthem of Vietnam – are being muted or subjected to copyright claims associated with BH Media and Ho Guom Audio on YouTube;

·       Composer Giang Son uploaded her own composition “Giac Mo Trua” to YouTube, only to receive a copyright claim linked to BH Media;

·       Musician Nguyen Đuc Cuong uploaded a recording of the song “Nong Nan Ha Noi” as both the author and copyright owner of the musical work, but subsequently received a copyright claim from BH Media.

Between 2013 and 2020, many owners of legacy music and video catalogs in Vietnam had not yet fully recognized the commercial value of digital copyright exploitation. Consequently, they entered into broadly drafted agreements transferring YouTube exploitation rights and catalog management rights to companies operating under the multi-channel network or YouTube content management system model (MCN/CMS), including BH Media.

In addition, BH Media cooperated with music lounges and live performance organizers to record musical performances, which were then edited, reproduced, and uploaded to YouTube channels. Certain cases are currently under investigation due to signs that copyrighted works may have been commercially exploited without obtaining full authorization from the lawful authors or copyright owners.

The Content ID algorithm primarily operates through automated matching of audio and visual signals. As a result, the system is often unable to clearly distinguish between the original copyrighted work, a specific sound or audiovisual recording, and derivative works. This technological limitation has enabled entities managing certain recordings to register those materials within the Content ID database and carry out automated copyright claims on YouTube, thereby giving rise to disputes with the actual authors or legitimate copyright owners.

Against this backdrop, authors and copyright owners currently involved in disputes or subjected to wrongful copyright strikes on YouTube may proactively gather evidence, review copyright assignment and licensing agreements, and work with legal counsel to file criminal complaints or submit supporting materials to investigative authorities to accurately determine ownership of the disputed works. Such actions may provide an important legal basis for requesting YouTube and other digital platforms to reconsider and properly resolve the relevant copyright claims.