At present, the protection of related rights is recognized in the provisions of law. However, the application, as well as the implementation of these regulations in practice, is still facing many difficulties because the grasping and application of these regulations are not good, the correct implementation of the regulations is not strict. Therefore, leading to disputes over the rights of related rights holders with related parties in the use and exploitation of the properties of these related rights holders. Therefore, in order for customers to have a certain understanding, today, LSX Lawfirm will give you an article about “Regulations of Vietnamese law on rights related to copyright“, as follows:
Legal grounds
Law on Intellectual Property 2005, amended and supplemented in 2009
Decree 105/2006/ND-CP
What are rights related to copyright?
According to Clause 3, Article 4 of the 2005 Intellectual Property Law, which amended and supplemented in 2009, the following provisions are made:
“Rights related to copyright (referred to as related rights) are rights of individuals; organization for performances, phonograms, video recordings, and satellite signals; broadcasts carry encrypted programming”. It is conceivable that the subjects entitled to this related right when they perform a performance; or organize a recording, recording, performance…
Term of protection of rights related to copyright
According to the provisions of Article 34 of the Law on Intellectual Property as follows:
“Article 34. Term of protection of related rights
1. The rights of performers are protected for fifty years from the year following the year in which the performance is fixed.
2. The rights of producers of phonograms or video recordings are protected for fifty years from the year following the year of publication or fifty years from the year following the year of the phonogram or video recording being fixed if the phonogram is fixed. , the recording has not been announced.
3. The rights of broadcasting organizations are protected for fifty years counting from the year following the year the broadcast program is made.
4. The term of protection specified in Clauses 1, 2, and 3 of this Article shall terminate at 24 o’clock on December 31 of the year in which the term of protection of related rights terminated.”
Acts of infringing upon related rights
Acts of infringing upon related rights are prescribed by law in Article 35 of the Intellectual Property Law as follows:
- Appropriating the rights of performers, producers of phonograms, video recordings, broadcasting organizations.
- Impersonating a performer, producer of phonogram or video recording, or a broadcasting organization then.
- Publication, production and distribution of fixed performances, phonograms and video recordings; broadcasts without the permission of the performer, producers of phonograms, video recorders, broadcasting organizations then.
- Correcting, mutilating, distorting in any way the performance which is detrimental to the honor and reputation of the performer.
- Copying or extracting fixed performances, audio or video recordings; broadcasts without the permission of the performer; producers of phonograms, video recorders, broadcasting organizations then.
- Remove or change the rights management information in electronic form without the permission of the relevant right holder.
- Deliberately canceling or invalidating technical measures taken by the relevant right holder to protect his related rights.
- Broadcast, distribute, import for distribution to the public the performance; copies of fixed performances or audio or video recordings when known; or there is a basis to know that rights management information in electronic form has been removed; or has been altered without the permission of the relevant right holder.
- Production, assembly, transformation, distribution, import and export; sell or lease equipment knowing or having grounds to know that such equipment illegally decodes an encrypted program-carrying satellite signal.
- Intentionally receiving or continuing to deliver an encrypted program-carrying satellite signal when the signal has decoded without the authorization of the authorized distributor.
The use cases of related rights do not require permission, do not have to pay royalties or remuneration
Pursuant to Article 32 of the Law on Intellectual Property, cases of using related rights without asking for permission, without paying royalties and remunerations are as follows:
– Firstly, Self-reproduce a copy for personal scientific research purposes.
– Secondly, Self-reproducing a copy for teaching purposes, except in cases where a performance, phonogram, video recording or broadcast program has published for teaching.
– Thirdly, Reasonable citation for informational purposes.
– Finally, Broadcasting organizations make temporary copies themselves for broadcasting when they entitled to broadcast rights.
So Organizations and individuals that use the rights specified in Clause 1 of this Article must not interfere with the normal exploitation of performances, phonograms, video recordings, and broadcasts, and shall not prejudice the rights of others. performers, producers of phonograms, video recorders, broadcasting organizations.
What rights do broadcasting organizations have under the law?
According to Article 31 of the Intellectual Property Law, broadcasting organizations have the following rights:
“1. The broadcasting organization has the exclusive right to exercise or permit others to exercise the following rights:
a) Broadcast, re-broadcast their broadcasts;
b) Distributing to the public its broadcasts;
c) Shaping its broadcasts;
d) Copy your broadcast profiling.
2. Broadcasting organizations enjoy material benefits when their broadcasts recorded, videotaped, and distributed to the public.”
What is the difference between copyright and related rights?
Pursuant to the provisions, copyright and related rights have the following similarities:
– Firstly, copyright and related rights together with protecting creative work, Some objects are not protect if they have content that violates the law. morality.
– Secondly, A work automatically protected at birth without registration, deposit, pay fees, or perform any other administrative procedures.
But the owner of the copyright and related rights can still carry out the registration procedure to ensure the interests of the subject when a dispute occurs.
With respect to property rights under copyright and related rights; This is a right of limited protection. When the term of protection expires, they will no longer protected; and considered to be in the public domain.
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Related article
Cases of copyright infringement and penalties in accordance with Vietnamese law
Copyright registration of songs translated from foreign languages
Related questions
Moral rights: unlimited protection except for the right to publish the work.
Property rights: The term of protection is as follows:
+ Cinematographic, photographic, theatrical, applied art, anonymous works: The term of protection is 75 years from the time the work is first published.
+ Remaining works: The term of protection is for the life of the author and for 50 years following the year of the author’s death;
In the case of works with co-authors, the term of protection ends in the 50th year after the year of death of the last co-author.
In order for related rights to be protected, it must be ensured that it is original, has the creative imprint of the related subject, and does not harm the copyright.
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