Intellectual property rights mean the rights of organizations and individuals to intellectual property, including copyright and rights related to copyright, industrial property rights, and rights to plant varieties. Copyright is the right of an organization or individual to a work they create or own. Thus, acts of infringing upon the copyright of musical works are also illegal acts. So, let’s go with Lawyer X to find out this issue!
Legal grounds
– Luật Sở hữu trí tuệ sửa đổi, bổ sung năm 2009, 2019
– Decree 22/2018/ND-CP
Which works are protected by copyright?
According to the provisions of Article 14 of the Law on Intellectual Property:
Protected literary, artistic, and scientific works include:
– Literary and scientific works, textbooks, textbooks, and other works expressed in writing or other characters
– Secondly, lectures, speeches, and other speeches
– Journalistic works
– Then, musical works
– Theatrical works
– Besides, cinematographic works and works created by the same method (hereinafter collectively referred to as cinematographic works)
– Visual and applied artworks
– Photographic works
– Architectural works
– Moreover, maps, diagrams, maps, drawings related to topography, architecture, scientific works
– Literary and folk artworks
– Computer programs, data collection.
So, derivative works are only protected under regulations if they do not prejudice the copyright of the work used to make derivative works.
What rights do an author’s rights include?
Copyright over works specified in this Law includes moral rights and property rights.
Author’s moral rights
The provisions of Article 20 of Decree 22/2018/ND-CP stipulate:
The right to name work is specified in Clause 1, Article 19 of the Intellectual Property Law. This right does not apply to works translated from one language into another.
The right to publish a work or permit others to publish a work specified in Clause 3, Article 19 of the Intellectual Property Law means the release of a work to the public with a reasonable number of copies to meet the needs of the public. they depend on the nature of the work, performed by the author or copyright holder or by another individual or organization with the consent of the author or copyright holder. Publication of a work does not include the performance of a theatrical, cinematographic, or musical work; reading in public a literary work; broadcasting literary and artistic works; display of visual works; Building works from architectural works.
The right to protect the integrity of the work and not allow others to modify or mutilate the work specified in Clause 4, Article 19 of the Intellectual Property Law is the refusal to allow others to modify, mutilate the work or repair the work, upgrade computer programs unless otherwise agreed by the author.
Property rights as prescribed by law
According to Article 21 of Decree 22/2018/ND-CP, property rights are as follows:
The right to perform a work in public as provided for at Point b, Clause 1, Article 20 of the Intellectual Property Law is the right of the copyright owner to exclusively perform or permit others to perform the performance of the work directly. directly or through sound recordings, video recordings, or any other technical means accessible to the public. Public performance of work includes performing the work in any place accessible to the public.
Besides, the right to copy a work specified at Point c, Clause 1, Article 20 of the Intellectual Property Law is the right of the copyright owner to exclusively perform or permit others to make copies of the work by any means. by any means or form, including making copies in electronic form.
The right to distribute originals or copies of works specified at Point d, Clause 1, Article 20 of the Intellectual Property Law is the right of the copyright owner to exclusively exercise or permit others to do so in any form. , technical means accessible to the public for the sale, rental or other transfer of the original or a copy of the work.
Acts of infringing copyright on musical works
So, the right to communicate works to the public by wireline, radio, electronic information networks, or any other technical means specified at Point dd, Clause 1, Article 20 of the Intellectual Property Law is the right of the owner. The copyright holder has the exclusive right to make or authorize others to make the work or copies of the work available to the public at a place and time of their songs.
The right to lease originals or copies of cinematographic works and computer programs specified at Point e, Clause 1, Article 20 of the Intellectual Property Law is the right of the copyright owner to exclusively perform or permit others to do so. performing the lease for exploitation and use with a definite term.
The right to lease a computer program does not apply if the program itself is not the principal object of the lease, such as the computer program associated with the normal operation of vehicles or other equipment. machinery and other technical equipment.
What is musical work?
A musical work specified at Point d, Clause 1, Article 14 of the Intellectual Property Law means a work expressed in the form of musical notes or other musical characters or fixed on phonograms or video recordings. with or without lyrics, regardless of performance or non-performance.
Acts of infringing copyright on musical works
1. Appropriating copyright to literary, artistic, and scientific works.
2. Impersonate the author.
3. Thirdly, publishing and distributing works without the author’s permission.
4. Besides, publishing and distributing works with co-authors without permission of such co-authors.
5. Correcting, mutilating, or distorting the work in any way that is prejudicial to the honor and reputation of the author.
6. Copying works without permission of authors or copyright holders, except for the cases specified at Points a and dd, Clause 1, Article 25 of this Law.
7. Moreover, making a derivative work without the permission of the author or the copyright owner to the work used to make the derivative work, except for the case specified at Point I, Clause 1, Article 25 of this Law.
8. Then, using the work without the permission of the copyright owner, without paying royalties, remuneration, or other material benefits as prescribed by law, except for the case specified in Clause 1, Article 25 of this Law. This law.
9. Lease the work without paying royalties, remuneration, and other material benefits to the author or copyright owner.
10. Duplicate, reproduce, distribute, display, or otherwise communicate a work to the public via communication networks and digital means without the permission of the copyright owner.
11. Publish the work without the permission of the copyright owner.
12. Deliberately canceling or invalidating technical measures taken by copyright owners to protect copyright in their works.
13. Then, deliberately deleting or changing the electronic rights management information contained in the work.
14. Besides, manufacture, assemble, transform, distribute, import, export, sell, or lease equipment knowing or having grounds to know that such equipment invalidates technical measures taken by the right holder done by the author to protect the copyright of his work.
15. Making and selling works where the author’s signature is forged.
16. Exporting, importing, or distributing copies of works without the permission of the copyright owner.
Measures to handle acts of infringement of intellectual property rights
Organizations and individuals that commit acts of infringing upon the intellectual property rights of other organizations or individuals, depending on the nature and seriousness of the infringement, may be handled by civil, administrative, or criminal measures. the.
In necessary cases, competent state agencies may apply temporary emergency measures, measures to control exports and imports related to intellectual property, and measures to prevent and secure administrative sanctions by this Law and other relevant laws.
Related article:
- CONDITIONS FOR COPYRIGHT REGISTRATION IN VIETNAM
- PENALTIES FOR USING COPYRIGHTED IMAGES ACCORDING TO VIETNAMESE LAW
Frequently asked questions
This is an infringement of copyright for musical works. The act of appropriating other people’s musical works is also a violation of the law.
A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for distributing to the public the original or a copy of the phonogram or video recording without permission of the right holder of the producer of the phonogram or video recording.
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