Accordingly, in the era of technology development, cultural and artistic works are widely popular with the public through the internet and other technologies; along with that people can copy and remake that work. One of the common forms of creating another work from the original work that we often see; and are legally aware of is a derivative work. So, what are derivative works under Vietnamese Law? Let’s find out with LSX
Legal grounds
- 2005 Intellectual Property Law
- Decree 131/2013/ND-CP
What is a derivative work?
Hence Clause 3, Article 2 of the Berne Convention for the Protection of Literary and Artistic Works, derivative works are; “Works translated, adapted, musically and other adaptations of a literary or artistic work; which protected as original works without prejudice to the copyright of the original work.” The 2005 Intellectual Property Law defines a derivative work as follows: “A derivative work is a work; translated from one language into another, a work adapted, adapted, adapted, compiled, or annotated, selective.”
In fact, the Berne Convention, as well as the Intellectual Property Law 2005, do not define what a derivative work is; but only list what works are derivative works; specifically including the following seven types of works:
- A translation work is a work that faithfully conveys the content of a work from one language to another; which means to present a work in a language other than that of the original work.
- An adaptation is a work that adapts an existing work; but has creative content, ideas, etc., making it completely new.
- Adaptation means the creation of a musical work by adding new creative elements to an existing work.
- Adaptation means taking the original work and altering the form of expression by turning the work into a play or a movie without changing the plot or theme.
- Compilation work is the collection and selection of documents related to a scientific topic or research work to write articles or books on certain topics.
- An explanatory work is a work that explains and clarifies the meaning of some content in another work.
- Selected works are works based on the collection, selection and arrangement of existing works according to certain criteria.
Acts of infringing copyright
In case an individual or organization wants to make a derivative work; it is necessary to obtain the consent of the author or the copyright holder for the work that can be made a derivative work; except for the case of converting the work into braille or other languages for the visually impaired. Thus, the act of making fake works without the consent of the author or copyright holder is also one of the acts; prohibited by the Intellectual Property Law and this act is an infringement of copyright.
However, organizations and individuals making derivative works only have to get permission from the author; or copyright holder of the original work while this work is still in the protection period; in case the protection period expires, the creators of the original work must ask for permission. Indeed, derivative works do not require the consent of the author, the copyright owner. The duration of copyright protection of a literary, artistic, or scientific work is as follows:
- For cinematographic, photographic, and applied art works, anonymous works have a term of protection of seventy-five years from the first publication
- For cinematographic, photographic and applied art works that have not been published within twenty-five years from the time the work is fixed; the term of protection is one hundred years from the first shaping publication
- For the remaining works, the term of protection is for the life of the author and for fifty years following the year of the author’s death; In the case of a work with co-authors; the term of protection shall terminate in the fiftieth year after the year of death of the last co-author.
Handling illegal derivative works
Basically, the act of making derivative works without the permission of the author; or copyright owner of the original work is strictly prohibited. In case individuals or organizations still intentionally do it; Individuals and organizations that make derivative works; without the permission of the copyright owner; will be fined from VND 5,000,000 to VND 10,000,000 and will also be forced to remove copies of the infringing work on all platforms.
Lastly, thank you for paying attention to our article on “What are derivative works under Vietnamese Law?”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.
To register for copyright, a work must meet certain copyright protection conditions as follows:
– The work must be creative: it must be directly created by the author and is not allowed to copy other people’s work
– Must be expressed in certain physical forms.
Organizations and individuals whose works got their protection by copyright include the person who directly creates the product and the owner of the work.
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