How are infringing rights of performers handled in accordance with Vietnamese law?
Work can come to the public in many different ways, but through the performer with his creative perception and expression, the work becomes vivid and has the power to convey to the public the fastest. . It can be said that the performer is the bridge between the author and the public, contributing to the dissemination, preservation, and development of valuable works. Therefore, the law has recognized and protected the rights of performers to their performances. So when Infringement of the rights of performers is handled how? To better understand this, today, LSX Lawfirm will give you an article about “How are infringing rights of performers handled in accordance with Vietnamese law?“, as follows:
Legal grounds
- Law on Intellectual Property – Consolidated Document 07/VBHN-VPQH 2019;
- Decree 131/2013/ND-CP
What is an infringement of a performer’s rights?
A performer is a person who uses another person’s work creatively in the expression of literary and artistic works. Article 16 of the Law on Intellectual Property of Vietnam lists organizations and individuals whose related rights are protected under Vietnamese law. Which, direct regulations on performers include: “actors, singers, musicians, dancers and other people presenting literary and artistic works”.
According to the provisions of the Law on Intellectual Property of Vietnam, the rights of performers include moral rights and property rights. Moral rights are non-transferable performer rights and are protected indefinitely. If the performer himself invests in financial and technical facilities to perform the performance; then they are the performer and the owner of related rights to that performance. If the financial investment, material, and technical facilities are invested by others to perform that performance; then the owner of related rights is an investment organization or individual.
Why protect the rights of performers?
Firstly, for a live performance, it is only necessary to control the entrance ticket to control the public’s access to the performance. Currently, with countless tape copies or electronic records, the ability to control and control individuals and organizations to access, use and exploit the performance of the performer is reduced, Remuneration, cost recovery, and performance investment are at stake. It is necessary to protect the rights to minimize the loss to the performers. And ensure the rights as prescribed by law.
Secondly, Contributing to consolidating and perfecting the mechanism of copyright protection. When a performer’s rights are protected, the performer receives a remuneration commensurate with the effort expended in the process of performing and spreading the work. More efforts will be made to convey the creative products of the authors, enhancing the value of the works. At the same time, when performing works, performers must first comply with the obligations of obtaining permission and paying royalties to the author in accordance with the law. The author then enjoys the rights permitted by law.
Acts of infringing upon the rights of performers
Acts of infringing upon the rights of performers include:
Appropriating the rights of performers.
Impersonate a performer.
Publish, produce and distribute the established performance; without the permission of the performer.
Correction, mutilation, distortion in any way to the performance. Prejudicial to the honor and reputation of the performer.
Copying or extracting the fixed performance; without the permission of the performer.
Broadcast, distribute import for distribution to the public the performance, a fixed copy of the performance. When knowing or having grounds to know that rights management information in electronic form has been removed; or has been altered without the owner’s permission.
Handling acts that infringe on the rights of performers
Infringing on the rights of performers is an infringement of related rights. According to the provisions of the Intellectual Property Law. Accordingly, acts of infringing related rights are specifically handled as follows:
Administrative sanctions
According to the provisions of Decree 131/2013/ND-CP; Fines for acts of infringing upon copyright and related rights are as follows:
- A fine ranging from VND 2,000,000 to VND 3,000,000. For acts of using a work without stating the real name, pseudonym of the author, the name of the work, or incorrectly stating the real name or pseudonym of the author, the name of the work on the copy of the work, phonogram, video recording, broadcasts;
- A fine ranging from VND 3,000,000 to VND 5,000,000. For the act of transporting goods produced without the permission of the copyright or related right holder then;
- A fine ranging from VND 5,000,000 to VND 10,000,000. For the act of possessing goods produced without the permission of the copyright or related right holder;
- A fine ranging from VND 3,000,000 to VND 5,000,000. For acts of arbitrarily modifying or mutilating works that are detrimental to the honor and reputation of the author;
- A fine ranging from VND 5,000,000 to VND 10,000,000. For acts of distorting a work to damage the honor and reputation of the author;
- A fine ranging from VND 5,000,000 to VND 10,000,000. For acts of publishing works without permission of the copyright owner as prescribed;
- A fine ranging from VND 5,000,000 to VND 10,000,000. For the act of making derivative works without the permission of the copyright owner then.
Criminal handling
In addition to handling administrative violations, and acts of infringing upon copyright and related rights; Depending on the severity, there may be criminal liability. According to the provisions of the Criminal Code 2015.
Specifically, in Article 225 of the 2015 Penal Code. Amended by Point a, Clause 52, Article 1 of the 2017 Penal Code Amendment Law; The provisions on the crime of infringing copyright and related rights are as follows:
– A fine ranging from VND 50,000,000 to VND 300,000,000; or non-custodial reform for up to 3 years. For anyone without the permission of the copyright holder; related rights but knowingly commits one of the following acts:
Infringement of copyright and related rights being protected in Vietnam on a commercial scale; or gaining illicit profits from VND 50,000,000 to under VND 300,000,000; or causing damage to the copyright or related right holders from VND 100,000,000 to under VND 500,000,000; or infringing goods valued at between VND 100,000,000 and under VND 500,000,000 shall be subject to then:
In addition
Copying works, sound recordings, video recordings;
Distributing to the public copies of works, copies of phonograms, copies of video recordings
Note: A fine ranging from VND 300,000,000 to VND 1,000,000,000 shall be imposed on commercial legal entities committing crimes then.
– A fine ranging from VND 300,000,000 to VND 1,000,000,000; or a prison term of between 06 months and 03 years (a fine of between VND 1,000,000,000 and VND 3,000,000,000; or suspension of operation for a term of 06 months to 02 years, for commercial legal entities committing crimes). If the crime is committed in one of the following cases:
Organizing;
Committing the crime twice or more;
Gaining illegal profits of VND 300,000,000 or more;
Causing damage to copyright or related rights holders of VND 500,000,000 or more;
Infringing goods valued at VND 500,000,000 or more.
At the same time, the offender may also be fined from VND 20,000,000 to VND 200,000,000. Prohibited from holding certain posts or practicing professions, or doing certain jobs from 01 to 05 years. In particular, commercial legal entities that commit crimes may also be subject to a fine ranging from VND 100,000,000 to VND 300,000,000; prohibited from doing business or from operating in certain fields, or banned from raising capital from 01 to 03 years.
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Related questions
When a performer is not an investor at the same time, the performer has only moral rights. Specifically, the following rights: – Introduced by name.
– Protect the integrity of the performance image, i.e. do not allow others to modify, mutilate or distort in any way.
Clause 1, Article 17 of the Law on Intellectual Property of Vietnam regulates performances. Performers are Vietnamese citizens even though they are performed in Vietnam, or in foreign countries and are protected by Vietnamese law. In addition, performances performed by foreigners in Vietnam are also protected under Vietnamese law. And some other specific schools as prescribed by law.
1. Organizations and individuals participating in art performances have the right to:
a) Firstly, Participate in art performances as prescribed by law;
b) Secondly, Enjoy legitimate benefits from participating in art performances and be protected by the State in accordance with the law.
2. Organizations and individuals participating in art performances are responsible for:
a) Firstly, Comply with the provisions of Article 3 of this Decree and other relevant laws;
b) Secondly, Not taking advantage of art performance activities to commit illegal acts;
c) Thirdly, Failing to use the title, award which has been revoked, canceled, or the title in the case specified in Clause 4, Article 20 of this Decree; d) Comply with the provisions of the law on copyright and related rights.
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