Term of copyright protection for foreign work

by DangKhoi

The term of protection of copyright is considered a fundamental right of those who create or own the work. However, not everyone understands the time that the law provides for copyright. So how is the term of copyright protection for foreign work determined? Let’s find out in this article with LSX Law firm.

  • Intellectual Property Law 2005
  • Decree No. 22/2018/ND-CP 

Copyrights are the rights of organizations and individuals for the works they have created or own. Copyright includes personal rights under Article 19 of the Intellectual Property Law 2005 such as:

  1. Name the work;
  2. Put your real name or pseudonym on the work
  3. Publish the work or authorize others to publish the work;
  4. Protect the integrity of the work; not allowing others to modify; mutilate or distort the work in any way that is detrimental to the honor and reputation of the author.

And property rights under Article 20 of the Law on Intellectual Property 2005

a) Making derivative works;

b) Performing the work in public;

c) Making copies of  the works;

d) Distributing or importing originals or copies of works;

dd) Communicating works to the public by means of wireline, radio, electronic information networks or any other technical means;

e) Renting out originals or copies of cinematographic works and computer programs.

From that, it can be seen that the term of protection of copyright is understood as the period of time during which the author; is legally guaranteed of his moral and property rights to the work he created or under his name.

The Law provides indefinite protection for moral rights such as:

  • The right to name a work and the right to name or pseudonym on the work.
  • Protect the integrity of the work; not allowing others to modify; mutilate or distort the work in any way that is detrimental to the honor and reputation of the author.

As for the right to publish the work or to allow others to publish the work, the protection is not indefinite.

The term of protection of property rights under Clause 2, Article 27 of the Law on Intellectual Property Law 2005 and Article 24 of Decree 22/2018/ND-CP:

  • For posthumous works, the term of copyright protection is fifty years from the time the work is first published.
  • For cinematographic, photographic, theatrical, applied art and anonymous works, from the time the work is first published, the term of protection is fifty years.
  • And for fixed cinematographic and theatrical works, the term of protection is fifty years from when the work is fixed if the work has not been published.
  • For anonymous works and other works, when information about the author appears, then the term of protection is the life of the author and fifty years following the year of the author’s death. Otherwise, the State will be the copyright owner for this work.
  • For works with co-authors, the term of protection will be until the fiftieth year after the year in which the last co-author died.

At the same time, the Intellectual Property Law also clearly stipulates that such cases will end at 24 o’clock on December 31 of the year where the copyright protection term ends.

Conclusion

Thus, the term of protection of copyright is only indefinite for certain moral rights, the rest will apply the term levels as prescribed by law. It sets the limits on copyright as a measure to protect the legitimate rights of that author, so acts of using a work contrary to the provisions of the term of protection are illegal. 

Besides, many people are curious about what happens if the copyright term expires. When the copyright expires, the work will belong to the public, that is, no permission is necessary to use the work. But you can’t use it in a way that lose the essence of the work as well as the original work, moral rights of the author who created or owns the work.

Finally, hope this article is useful for you. If you need any further information, please contact  LSX Law firm+84846175333 or Email: hoangson@lsx.vn

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