Copyright is a way for the law to protect the rights of the creators of the work and the value of that work. Copyright arises from the time of creation of the work in certain material forms; regardless of content, quality, form, means, language; published or unpublished, registered or unregistered. Additionally, the transfer of copyright use rights is also a topic that many people have wondered about. Is the transfer of copyright use for foreign work allowed? Let’s find out in this article with LSX Law firm.
Law on Intellectual Property 2005 amended and supplemented in 2009 and 2013
What is Copyright in Vietnam?
Normally, whenever literary, artistic, scientific works are published, the name of the author (group of authors) is publicized as a way of honoring the creativity and the values that the work brings. In creating such works, the author has specific intellectual property rights. More specifically, in Clause 2, Article 4 of the current Intellectual Property Law, the concept of copyright is as follows:
Copyright is the right of an organization or individual to a work they create or own.
According to legal science, copyright is a collection of legal regulations on copyright in order to confirm and protect the rights of authors and copyright holders, to determine the obligations of subjects in the creation and use of literary, artistic, and scientific works. To prescribe the procedures for exercising those rights and to protect those rights when there is an infringement.
Is the transfer of copyright use for foreign work allowed?
Regarding the transfer of copyright use right, according to article 47 of Intellectual Property Law 2005, this is completely allowed but must comply with the following provisions:
Transfer of the right to use copyright and related rights is the owner’s right. Copyright and related rights holders can permit other organizations or individuals to use for a definite time one, several, or all of the rights specified in:
Clause 3, Article 19, Article 20, Clause 3, Article 29, Articles 30 and 31 of this Law.
The author may not transfer the right to use the moral rights specified in Article 19, except for the right to publish the work; Performers may not transfer the right to use the moral rights specified in Clause 2, Article 29 of this Law.
In cases where a work, performance, phonogram, video recording, or broadcast program has a co-owner, the transfer of the right to use copyright or related rights must have the agreement of all parties. In case there is a co-owner of the work; cavalcade; record; record; broadcasts with separate parts that can be used separately, the copyright owner; related rights holders may transfer the right to use the copyright; related rights to their own separate part for other organizations and individuals.
Organizations and individuals that are licensed to use copyright and related rights may transfer the use rights to other organizations and individuals; with the consent of the copyright owner, the relevant right holder.
Conclusion: Is the transfer of copyright use for foreign work allowed?
Thus, the transfer of copyright use rights is legal and permissible, but only the specified rights are transferable.
Frequently Asked Questions
When does a cover of a song not infringe copyright?
When you have purchased the copyright of the song or obtained the author’s permission, the singer has the right to cover the song without infringing the copyright. In addition, in case the work has expired, the musical work becomes a work of the public, all organizations and individuals can use the work but must respect the moral rights of the author. And cover works in cultural activities, propaganda without collecting money in any form.
Is copyright a property right or a moral right?
According to article 18, intellectual property law, copyright includes both moral rights and property rights.