The use of copyrighted images for advertising; Profit making for individuals is becoming more and more popular affecting many people. Because images are a type of work that is widely used by the public, it is easy to have copyright infringement. To overcome and limit the violation of image copyright, the sanction for this behavior is quite high. So today, LSX Lawfirm will give you an article about “Penalties for using copyrighted images according to Vietnamese law“, as follows:
Legal grounds
Law on Intellectual Property 2005, amended and supplemented in 2019
Decree 22/2018/ND-CP
What is image copyright?
Image copyright is understood as the attribution of copyright to photographs taken by photographers to represent an objective world image on light-capturing materials or on the medium on which the images were created or can be created by chemical, electronic, or other technical methods (point h, Clause 1, Article 14 of the Intellectual Property Law, Article 14 of Decree 22/2018/ND-CP) then.
Copyright is the legal right to protect an author’s original work. If an author creates a work, it will be copyrighted from the time of creation. Copyright protects many different types of works, including:
- Firstly, Images: videos, movies, broadcasts and TV shows, video games, paintings, photos
- Secondly, Audio: songs, musical compositions, sound recordings, speech recordings
- Finally, Text: books, scripts, manuscripts, articles, musical texts.
For example, the images on Facebook here are works of art showing the worldview with light-catching materials or other modern techniques and means such as chemistry and electronics to create sharp and vivid images. The original creator owns the copyright to the work.
What is copyright?
According to the Law on Intellectual Property; Copyright includes moral rights and property rights. When a work is created, it is immediately protected by copyright. Including personal rights and property rights. The use of such works must comply with the law:
Article 19. Moral rights
Moral rights include the following rights:
- Firstly, Name the work.
- Secondly, Put your real name or pseudonym on the work; be given a real name or a pseudonym when the work published or used.
- Thirdly, Publish the work or authorize others to publish the work.
- Finally, Protect the integrity of the work, not allowing others to modify, mutilate or distort the work in any way that is detrimental to the honor and reputation of the author.
Article 20. Property rights
1. Property rights include the following rights:
a) Firstly, Making derivative works;
b) Secondly, Performing the work in public;
c) Thirdly, Copy the work;
d) Finally, Distributing, importing originals or copies of works;
e) Communicating works to the public by means of wireline, radio, electronic information network, or any other technical means then;
f) Renting out originals or copies of cinematographic works and computer programs.
2. The rights specified in Clause 1 of this Article shall exercised exclusively by the author or the copyright holder or permitted by others 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.
Penalties for copyright infringement
Accordingly to Decree 131/2013/ND-CP, the level of administrative penalties for acts of copyright infringement regulated as follows:
Article 9. Acts of infringing upon the right to name and name works
1. A fine ranging from VND 2,000,000 to VND 3,000,000 shall imposed for using the work without stating the real name, the author’s pseudonym, or the name of the work, or stating the wrong real name or the author’s pseudonym or the author’s name. works on copies of works, phonograms, video recordings, broadcasts then.
2. Remedial measures:
a) Forcing rectification to publicize on the mass media with false information for the acts specified in Clause 1 of this Article;
b) Forcible correcting of the author’s name, the name of the work on copies of the work, phonogram, video recording or broadcast with false information about the author’s name or the name of the work, for the acts specified in Clause 1 of this Article, Clause 1 of this Article then.
Article 17. Acts of infringing upon the right to communicate works to the public
1. A fine ranging from VND 15,000,000 to VND 30,000,000 shall imposed for communicating works to the public by wireline, radio, electronic information networks, or any other technical means without permission. permission of the copyright owner in accordance with regulations then.
2. Remedial measures:
The forcible removal of copies of infringing works, for acts specified in Clause 1 of this Article.
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Above is LSX Lawfirm’s advice on the content of the problem “Penalties for using copyrighted images according to Vietnamese law“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
Article 4.2 of the Law on Intellectual Property defines: “Copyright is the right of an organization or individual to a work they create or own”. Copyright protected works can be literary works, artistic works, and scientific works.
Article 2.2 of the Law on Science and Technology defines: “Technology is a collection of methods, processes, skills, know-how, tools, and means used to transform resources into products”. A technology that is a technical solution in the form of a product or process can be protected as a patent. If the technology exists as know-how, it is protected as a trade secret. In all cases, the expression of technology fixed in a certain physical form is considered a scientific work and is protected by copyright.
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