Cases of copyright infringement and penalties in accordance with Vietnamese law
Recent piracy is becoming a burning issue in society as many “hit” songs or million-view movies are recorded and broadcast on unofficial platforms for profit. So; cause a lot of damage to the author. So what are the cases of copyright infringement and how are they punished? Today, LSX Lawfirm will give you an article about “Cases of copyright infringement and penalties in accordance with Vietnamese law”, as follows:
Legal grounds
Law on Intellectual Property 2005
Decree 131/2013/ND-CP
Regulations on copyright law
Copyright is another way of calling copyright under the provisions of the law on intellectual property. According to the provisions of Clause 2, Article 4 of the 2005 Intellectual Property Law, amended and supplemented in 2009, this is the right of organizations and individuals to works created or owned by them. This right will generate when the work created and expressed in a certain material form without going through any formalities.
In general, copyright or copyright is the manner in which the law grants rights to the author or owner of a work. These rights basically include: name the work, use real name or pseudonym, be given real name or pseudonym when the work is published, used;… Especially the right to exploit similar values from the work itself.
Cases of copyright infringement and penalties
Cases of copyright infringement
- Copyright infringement.
- Impersonate the author.
- Publishing and distributing works without the author’s permission.
- Publishing and distributing works with co-authors without permission of such co-authors.
- Repair; mutilating or distorting the work in any way that is prejudicial to the honor and reputation of the author.
- Copying the work without the permission of the author or owner; unless otherwise provided by law.
- Making derivative works without the author’s permission; owner, unless otherwise provided for by law.
- Using the work without the permission of the owner; do not pay royalties, remunerations and other material benefits according to regulations provided for by law, unless otherwise provided for by law.
- Renting works without paying royalties; remuneration and other material benefits to the author or the owner.
- Cloning, reproduction, distribution; display or communicate the work to the public via media networks and digital means without the permission of the owner.
- Publish the work without the permission of the owner then.
- Deliberately canceling or invalidating technical measures taken by the owner to protect the copyright in his or her work.
- Deliberately deleting or changing rights management information in electronic form contained in the work then.
- Production, assembly, transformation, distribution, import and export; sell or lease equipment knowing or having grounds to know that it invalidates technical measures taken by the owner; to protect the copyright of their work.
- Making and selling works where the author’s signature forged then.
- Exporting, importing and distributing copies of works without permission of the owner.
What is the penalty for copyright infringement?
In case of copyright infringement; you may be administratively sanctione according to the provisions of Article 10 of Decree 131/2013/ND-CP:
“1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed on acts of arbitrarily modifying or mutilating works that are detrimental to the honor and reputation of the author. 2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for misrepresenting the work which is detrimental to the honor and reputation of the author.3. Remedies: a) Forcible rectification on the mass media of false information for the acts specified in Clauses 1 and 2 of this Article; b) Forcible removal of copies of works violation in electronic form, on the Internet and digital environment, or forcibly destroy material evidence of a violation, for the acts specified in Clauses 1 and 2 of this Article then.”
In addition, Article 18 of Decree 131/2013/ND-CP also stipulates acts of infringing upon the right to copy works as follows:
“Article 18. Acts of infringing upon the right to copy works1. A fine ranging from VND 15,000,000 to VND 35,000,000 shall be imposed for copying works without permission of the copyright owner.2. Remedial measures: Forcible removal of copies of infringing works in electronic form, on the Internet and digital environment, or forcible destruction of infringing material evidence, for the acts specified in Clause 1 of this Article.”
Therefore, the act of copying the work without the consent or permission of the author; shall fine from VND 15,000,000 to VND 35,000,000 and apply the above remedial measures.
Thus, we have provided necessary information about cases of copyright infringement and corresponding sanctions.
Consulting service of LSX Lawfirm
Above is the entire advice of Lawyer X. I Hope the article is useful for readers. For more detailed information and to receive more advice and help when in need of issues related to cases of copyright infringement and penalties, please contact the hotline for 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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Subjects may be fined from 3 to 5,000,000 VND and forced to destroy the song!
This case goes to court and each company has to show proof that the product is theirs. The court will rely on the evidence and decide!
According to the provisions of current law, without copyright registration, the author and owner still enjoy those rights. However, the failure to register copyright will easily lead to intellectual property rights disputes; causing a lot of problems…
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