Today, LSX Lawfirm will give you an article about: “Similarities between copyright and related rights in Vietnam”, as follows:
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
You can also refer to the article related to Register copyright of songs translated from foreign languages in accordance with the law of Vietnam or Register copyright of Facebook videos according to the latest regulations of Vietnam law or Conditions for copyright registration in Vietnam; Term of protection of copyright-related rights in Vietnam
Term of protection of copyright-related rights in Vietnam
“Article 34. Term of protection of related rights
The rights of performers protected for fifty years from the year following the year in which the performance fixed.
The rights of producers of phonograms or video recordings 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 fixed if the phonogram fixed. , recording does not announce.
Then the rights of broadcasting organizations protected for fifty years counting from the year following the year the broadcast program made.
So, 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 terminated.”
The use cases of related rights do not require permission, do not have to pay royalties or remuneration?
So, pursuant to Article 32 of the Law on Intellectual Property, cases of using related rights without asking for permission, without paying royalties and remunerations are as follows:
- Self-reproduce a copy for personal scientific research purposes;
- Self-reproducing a copy for teaching purposes, except in cases where a performance, phonogram, video recording or broadcast program published for teaching;
- Reasonable citation for informational purposes;
- Broadcasting organizations make temporary copies themselves for broadcasting when they 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.
What rights do broadcasting organizations have under the law?
According to Article 31 of the Intellectual Property Law, broadcasting organizations have the following rights:
1. The broadcasting organization has the exclusive right to exercise or permit others to exercise the following rights:
a) Broadcast, re-broadcast their broadcasts;
b) So, Distributing to the public its broadcasts;
c) Shaping its broadcasts;
d) So, Copy your broadcast profiling.
2. Broadcasting organizations enjoy material benefits when their broadcasts recorded, videotaped and distributed to the public.
Similarities between copyright and related rights in Vietnam
Pursuant to the provisions, copyright and related rights have the following similarities:
– Copyright and related rights together protect creative work; Some objects not protected if they have content that violates the law. morality.
– So, a work automatically protected at birth without registration; deposit, pay fees or perform any other administrative procedures.
But the owner of copyright and related rights can still carry out the registration procedure to ensure the interests of the subject when a dispute occurs.
With respect to property rights under copyright and related rights; This is a right of limited protection. When the term of protection expires, they will no longer protected; and considered to be in the public domain.
Related questions
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.
Moral rights: unlimited protection 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 works with co-authors, the term of protection ends in the 50th year after the year of death of the last co-author.
Contact LSX Lawfirm
Finally, hope this article is useful for you to answer the question about: “Similarities between copyright and related rights in Vietnam”. If you need any further information, please contact LSX Law firm : +84846175333 or Email: [email protected]
Conclusion: So the above is Similarities between copyright and related rights in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
