Acts of copyright infringement by the law in Vietnam

Hello Lawyer, Please tell me which act is copyright infringement in Vietnam? What rights does a copyright owner have over the work they create? I sincerely thank! Thank you for sending us your question. Lawyer X would like to answer the following questions about what constitutes copyright infringement:

Legal grounds

• Law on Intellectual Property 2005, amended and supplemented in 2009
• Decree 105/2006/ND-CP

What are the legal provisions on copyright holders?

Copyright holders

Copyright owner means an organization or individual holding one or several; or all property rights specified in Article 20 of the provisions on property rights of the 2005 Intellectual Property Law, amended and supplemented in 2009.

The copyright owner is the author

Authors use their own time, finance, material and technical facilities to create works with the moral rights specified in Article 19; and property rights specified in Article 20 of the Intellectual Property Law.

Copyright owners are co-authors

• Co-authors use time and finance; their material and technical bases for co-creation of works that share the same rights as prescribed in Articles 19 and 20 of the 2005 Intellectual Property Law; 2009 amendments to that work.
• Co-authors who create works specified in Clause 1 of this Article; if there is a separate part that can be split up for independent use without prejudice to the part of other co-authors, then have the rights provided in Articles 19 and 20 with respect to that separate part.

Copyright owner means an organization or individual that assigns tasks to an author or enters into a contract with the author

• Organizations that assign the task of creating works to authors are members of their organization who are the owners of the rights specified in Articles 20 and 3, Article 19, unless otherwise agreed.
• Organizations and individuals that enter into contracts with creators of works are owners of the rights specified in Articles 20 and 3, Article 19, unless otherwise agreed.

The copyright owner is the heir

Organizations and individuals that inherit copyright in accordance with the law on inheritance are owners of the rights specified in Articles 20 and 3, Article 19 of the 2005 Intellectual Property Law, as amended in 2009.

The copyright owner is the person to whom the rights are assigned

Organizations and individuals may transfer one or several; or all rights specified in Article 20 and Clause 3, Article 19 as agreed in the contract is the copyright owner.

The owner of copyright is the State

• The State is the copyright owner for the following works:
• Anonymous works;

• The work is still in the term of protection but the copyright owner dies without an heir; the heir refuses to receive the estate or is not entitled to the inheritance;
• The work is transferred by the copyright owner to the State.
• The Government shall specify the use of state-owned works.

Works belong to the public

• The work has expired the term of protection as prescribed in Article 27 of the Law on Intellectual Property 2005; the 2009 amendments are open to the public.
• All organizations and individuals have the right to use the works specified in Clause 1 above; but must respect the moral rights of the author specified in Article 19
• The Government shall specify the use of works belonging to the public.

Copyright under the law?

Pursuant to Articles 18, 19 and 20 of the 2005 Intellectual Property Law, it is stipulated as follows:

“Article 18. Copyrights

Copyright in works specified in this Law includes moral rights and property rights.”

Article 19. Moral rights

Moral rights include the following rights:

1. Name the work;
2. Put your real name or pseudonym on the work; be given a real name or a pseudonym when the work is published or used;
3. Publish the work or allow others to publish the work;
4. Protect the integrity of the work, prevent others from modifying or mutilating it; or misrepresent the work in any way that is prejudicial to the honor and reputation of the author.

Article 20. Property rights

1. Property rights include the following rights:

a) Making derivative works;

b) Performing the work in public;

c) Copying works;

d) Distributing or importing originals or copies of works;

e) Communicating works to the public by wire or radio means; electronic communication networks or any other technical means;

f) Renting out originals or copies of cinematographic works and computer programs.

2. The rights specified in Clause 1 of this Article shall be exercised exclusively by the author or the copyright holder; or permit others to act in accordance with this Law.
3. Organizations and individuals, when exploiting and using one, several or all of the rights specified in Clause 1 of this Article and Clause 3, Article 19 of this Law, must seek permission and pay royalties, remunerations and other rights. other material benefits to the copyright owner.”

Acts of copyright infringement?

Acts of infringing upon copyright specified in Article 28 of this Law are as follows:

“Article 28. Acts of copyright infringement

1. Appropriating copyright to literary, artistic and scientific works.
2. Impersonate the author.
3. Publishing and distributing works without author’s permission.
4. 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 the work without the permission of the author or copyright holder; except for the cases specified at Points a and dd, Clause 1, Article 25 of this Law.
7. Making a derivative work without the permission of the author or 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. Using a work without 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. Deliberately deleting or changing the electronic rights management information contained in the work.
14. 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.”

Thus, acts of infringing upon copyright are generally prescribed for types of copyright-protected works specified in Article 14 of this Law as follows:

“1. Protected literary, artistic and scientific works include:

a) Literary, scientific works, textbooks, textbooks and other works expressed in writing or other characters;

b) Lectures, speeches and other speeches;

c) Press works;

d) Musical works;

d) Theatrical works;

e) Cinematographic works and works created by similar methods (hereinafter referred to as cinematographic works);

g) Visual and applied art works;

h) Photographic works;

i) Architectural works;

k) Maps, diagrams, maps, drawings related to topography, architecture, scientific works;

l) Literary and folk art works;

m) Computer programs, data collection”.

Related article:

• Regulations on copyright for musical works in the digital environment in Vietnam
• Term of copyright protection for foreign work
• Acts of infringing copyright on musical works

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