Hello Lawyer, would you please let me know the provisions of the law on rights related to copyright? The use cases of related rights do not require permission, do not have to pay royalties and remuneration? I sincerely thank! LSX Lawfirm will give you an article about: “Term of protection of copyright-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
“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.
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.”
Acts of infringing upon related rights?
Acts of infringing upon related rights prescribed by law in Article 35 of the Intellectual Property Law as follows:
Firstly Appropriating rights of performers, producers of phonograms and video recordings, broadcasting organizations.
Secondly impersonating a performer, producer of phonogram or video recording, or a broadcasting organization.
Thirdly Publication, production and distribution of fixed performances, phonograms and video recordings; broadcasts without the permission of the performer; producers of phonograms, video recorders, broadcasting organizations.
Then Correcting, mutilating, distorting in any way the performance which is detrimental to the honor and reputation of the performer.
Then Copying or extracting fixed performances, audio or video recordings; broadcasts without the permission of the performer; producers of phonograms, video recorders, broadcasting organizations.
So, remove or change the rights management information in electronic form without the permission of the relevant right holder.
Deliberately canceling or invalidating technical measures taken by the relevant right holder to protect his related rights.
Broadcast, distribute, import for distribution to the public the performance; copies of fixed performances or audio or video recordings when known; or there is a basis to know that rights management information in electronic form removed; or altered without the permission of the relevant right holder.
Production, assembly, transformation, distribution, import and export; sell or lease equipment knowing or having grounds to know that such equipment illegally decodes an encrypted program-carrying satellite signal.
Intentionally receiving or continuing to deliver an encrypted program-carrying satellite signal when the signal decoded without the authorization of the authorized distributor.
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.
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