Hello Lawyer, I have a brother who is very fond of music. Sometimes I see it copying preformed performances without the permission of the performer. Then my brother posted on social networks to attract viewers. However, I did read a comment from a friend saying that my brother is infringing on copyright-related rights. Therefore, I would like to ask a lawyer what acts of infringement of rights related to copyright in Vietnam? I sincerely thank!
Thank you for sending us your question. Lawyer X would like to answer the following acts of infringement of copyright-related rights:
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 was 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 are entitled to this related right when they perform a performance; or organize a recording, recording, performance…
What is the term related to copyright protection?
According to the provisions of Article 34 of the Law on Intellectual Property as follows:
“Article 34. Term of protection of related rights
- The rights of performers are protected for fifty years from the year following the year in which the performance is fixed.
- 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. , recording has not been announced.
- The rights of broadcasting organizations are protected for fifty years counting from the year following the year the broadcast program is made.
- 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 is terminated.”
Acts of infringing on related rights as prescribed by law?
Acts of infringing related rights are prescribed by law in Article 35 of the Intellectual Property Law as follows:
” 1 . Appropriating rights of performers, producers of phonograms and video recordings, broadcasting organizations.
- Impersonating performers, producers of phonograms, video recordings, broadcasting organizations.
- 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.
- Correcting, mutilating, distorting in any way the performance which is prejudicial 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.
- Remove or change the rights management information in electronic form without the permission of the relevant right holder.
- Intentionally 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 been decoded without the authorization of the authorized distributor.
Thus, your brother’s behavior has infringed on related rights under the provisions of the Intellectual Property Law.
What are the characteristics of rights related to copyright according to regulations?
The activity of related rights holders is the use of existing works
Being the organizer of the production of video tapes and recordings of the performance; broadcast the performance and other subjects using the work. For example, singers perform songs, artists perform poems; musician performing a piece of music; individuals or organizations producing video discs to shape one or more painting works… In addition to the rights recognized and protected by law; Subjects who use works also have obligations to the author and copyright holders.
Objects are protected when they are original
This property of the related rights feature is shown in many different angles; it can be the result of creative labor, bearing a personal mark. For example, the pianist’s performance of instrumental music; The singer’s song performance is always creative and personal.
The originality of related rights is also reflected in the fact that related rights are determined only according to the objects of related rights that are created for the first time. The related rights to sound phonograms, video recordings are granted only to the creator of the first fixation of the image; performance sound or other sounds and images; or related rights to the broadcasts are determined only by the initiating organization; broadcast at the same time.
Originality of related rights to enable us to identify who is the subject of related rights; and accordingly the related rights infringements can be identified. All sound recordings, video recordings of performances; broadcasts that are not original are considered reproductions; and must not assume the rights related to that object.
Related rights are only protected for a certain period of time, including moral rights
This is a feature of related rights when comparing copyright with industrial property rights.
As for property rights, copyright and transferable moral rights (the right to publish the work) are protected for the usual term of the author’s life and 50 years after the author’s death and Moral rights attached to the author that cannot be transferred are protected indefinitely.
For industrial property rights; and the term of protection is mostly definite (can be extended or not). However, for trade names, geographical indications, and term of protection; Trade secrets are undefined and will last as long as these objects still meet the conditions of protection.
Usually there is always some kind of copyright object; and industrial property rights are protected for an indefinite period. However, for rights related to copyright; International protection as well as the provisions of Intellectual Property Law most countries limit the term of protection to a certain extent and usually 50 years from the time the objects (audio recordings) , performances, broadcasts) fixed or published.
Related rights are protected in principle without prejudice to copyright
Formed after copyright has been widely protected and disseminated; closely related to copyright. The protection of related rights is therefore always considered in relation to copyright and represents the principle of not causing any possible harm to this right.
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 stipulating the use cases of related rights without asking for permission, without having to pay royalties and remunerations are as follows:
– Self-reproducing a copy for personal scientific research purposes;
– Make a self-reproduction of one copy for teaching purposes, except where a performance, phonogram, video recording or broadcast program has been published for teaching;
– Reasonable citation for informational purposes;
– Broadcasting organizations make temporary copies themselves for broadcasting when they are entitled to broadcast rights.
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.
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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Frequently asked questions
Moral rights: protected indefinitely 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 a work with co-authors, the term of protection terminates 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.
Conclusion: So the above is Acts of infringement of rights related to copyright in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
