Open Netflix for guests to watch, what should homestays note to avoid legal risks?
Many hotels and homestays are now equipped with Netflix on TV so guests can watch movies and have entertainment during their stay. Even many establishment owners see this as a plus point to attract customers.
However, whether using a personal Netflix account or a family package to open it for many guests to watch is really in accordance with regulations or not is an issue that accommodation establishments need to pay attention to.
According to Netflix, this platform's accounts are for personal, non-commercial use only. Streaming Netflix in public or for commercial purposes without permission may violate the platform's terms of use.
Lawyer Nguyen Van Duy, Director of Hoang Duy and Associates Law Firm, talked to reporters about this situation.
Dear lawyer, many hotels and homestays are using personal Netflix accounts or Family packages for guests to watch movies on TV. Is this a violation of regulations?
- In most cases, using a personal Netflix account or family plan to serve guests poses legal risks and may not be in accordance with the platform's terms of use.
From the perspective of Vietnamese law, this behavior may also be related to copyright regulations.
According to Clause 1, Article 20 of the 2005 Intellectual Property Law, which has been amended and supplemented in 2009, 2019, 2022 and most recently Law No. 131/2025/QH15 effective from April 1, 2026, copyright owners have exclusive rights to the act of "broadcasting and communicating works to the public by wired, wireless, and electronic information networks." electronics or any other technical means”.
Clause 2, Article 20 also stipulates that organizations and individuals, when exploiting and using one, some or all of the above rights, must obtain permission from the copyright owner and pay royalties and other material benefits according to the provisions of law.
Notably, the Intellectual Property Law 2022 has added the definition: "Communication to the public is the transmission to the public of works; sounds and images of performances; sounds, images or reproduction of sounds and images shaped in audio or video recordings by any means other than broadcasting."
From this regulation, the fact that hotels and homestays broadcast Netflix content through room TVs to serve many guests can be considered an act of communicating works to the public.
This activity goes beyond the scope of personal use of the account and needs to be carefully considered in terms of content exploitation rights, terms of service as well as the obligation to ask for permission and pay royalties if required by law.
In other words, just because an establishment pays a monthly Netflix subscription does not mean it is entitled to use that account to serve guests as part of its business operations.
What are the specific risks with hotels and homestays, sir?
- First of all, accommodation establishments may face the risk of having their account locked, requiring verification or sudden service interruption if the platform detects inappropriate use.
In fact, many facilities have experienced accounts being logged out, requiring household confirmation, unable to continue access, or being restricted from having different users at various times.
In addition to account risks, using paid movie viewing services for the wrong purpose can also lead to disputes over terms of service, content exploitation rights and the business establishment's responsibility in providing entertainment facilities to customers.
Should hotels and homestays advertise "rooms with Netflix"?
- Accommodation establishments need to be careful when using Netflix as a service advertising highlight, especially if it is actually just a personal account logged in on the TV.
If you want to include an online movie viewing facility in your room description or promotional content, you should ensure that the form of use complies with the platform's terms and does not create the illusion that the service is commercially licensed.
In case guests log in to their personal accounts, the establishment can describe the room as having a smart TV, supporting movie viewing applications or supporting slideshows from personal devices, instead of confirming that a Netflix account is available for guests.
Paying a monthly subscription only allows users to use the service to the extent allowed by the platform. This does not mean that personal accounts are allowed to be used for commercial purposes or to serve multiple customers in the accommodation business.
Therefore, if you are running a hotel, homestay or serviced apartment business, the owner should review the way you use online movie watching platforms. Early adjustment not only helps avoid disruption to the guest experience, but also limits unnecessary legal risks in the future.
So what should accommodation establishments do to limit risks?
- Hotels and homestays should not use the owner's personal Netflix account or family package to log in on TV to serve many different guests.
Instead, establishments should explore solutions that are licensed or specifically designed for hospitality and hospitality environments. Some hotel TV systems today allow guests to log in to their personal accounts on the room TV and automatically log out after checking out, helping to ensure convenience, privacy, and better compatibility with service usage conditions.
Another option is to allow guests to self-project content from their personal accounts onto the TV during their stay. This approach helps customers proactively use their accounts, while reducing risks for the business.
Thank you lawyer!