Every day, most Vietnamese people often have the habit of reading the news. However, many articles are copied, and plagiarism occurs frequently. Vietnamese law has provided for copyright for journalistic works. So, is copyright for journalistic works protected? Please follow the article below of Lawyer X.
Legal grounds
Intellectual property law
Decree 22/2018/ND-CP
What is journalistic work?
Article 9 of Decree 22/2018/ND-CP detailing a number of articles and measures to implement the 2005 intellectual property law and amending and supplementing a number of articles of the 2009 intellectual property law on copyright , related rights.
The journalistic work specified at Point c, Clause 1, Article 14 of the Intellectual Property Law is a work with independent content and complete structure, including the following genres: reportage, quick recording, narrative, and interview. consultation, reflection, investigation, commentary, editorials, treatises, press signings and other press forms for publication and distribution in print, audio, video, electronic or other media. “
Are copyrights to journalistic works protected?
Each journalistic work is created from the heart, creativity and embodies the core spiritual values of people. Therefore, this type of work becomes one of the subjects of copyright protection according to the provisions of Point c, Clause 1, Article 14 of the 2005 Intellectual Property Law, amended and supplemented in 2019.
According to current regulations in Article 14 of the Intellectual Property Law, journalistic works are also one of the types of works protected by copyright.
However, not all press articles and news are protected by the law, but there are information and articles that are encouraged by law to be widely published on many media for the public to know. .
The condition for a journalistic work to be protected by copyright is that the work must be created directly by the author’s intellectual labor without copying from another work. Therefore, journalistic works want to be protected by copyright, they need to meet this factor.
Types of press but not protected by copyright?
The information shown in the press but not protected by copyright is:
The news is purely news reporting (daily short press information, just reporting nature, not creative);
Legal documents, administrative documents (including documents of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations) , socio-professional organizations, economic organizations, people’s armed forces units and other organizations as prescribed by law);
Other documents in the judicial domain and their official translations; process, system, method of operation, concept, principle, data.
What rights do authors of journalistic works protected by copyright have?
First of all, we need to understand that content copyright, a right that under the Intellectual Property Law is protected in some cases includes moral rights and property rights.
Firstly, moral rights include the rights to: name the work; put real name or pseudonym on the work; be given a real name or a pseudonym when the work is published or used; publish the work or authorize others to publish the work; protect the integrity of the work, prevent others from modifying, mutilating or distorting the work in any way that is detrimental to the honor and reputation of the author.
When publishing works, organizations and individuals must obtain permission and pay royalties, remunerations and other material benefits to copyright owners.
Second, property rights include: Making derivative works; Performing works in public; Copy the work; Distributing or importing originals or copies of works; Communicating the work to the public by means of wireline, radio, electronic information network or any other technical means; Rental of originals or copies of cinematographic works and computer programs.
These rights are exercised by the author, the copyright holder exclusively, or by permission of others.
Organizations and individuals, when exploiting and using one, several; or all of the above rights, must obtain permission; and pay royalties, remunerations and other material benefits to the copyright holders.
Intellectual property law prohibits: using the work without the permission of the copyright owner, copying the work without the permission of the author, the copyright owner, and publishing the work without the permission of the copyright owner…
When to use a journalistic work without permission?
Cases: Self-reproducing a copy for the purpose of personal research and teaching; Reasonably cite the work without misleading the author to comment or illustrate in his work; Citation of works without falsifying the author’s intention to write newspapers, use in periodical publications, in radio and television programs, documentaries; Citation of works for teaching in schools without misrepresenting the author’s intention, not for commercial purposes; Copying works for archiving in libraries for research purposes; Translating the work into Braille or another language for the visually impaired… use the journalistic work without asking for permission
Organizations and individuals that use the work in the above cases must not affect the normal exploitation of the work, without prejudice to the rights of the author or copyright holder; must provide information on the author’s name and the origin and origin of the work.
Procedures for registration of copyright of journalistic works
Application for registration of protection:
Components of the dossier submitted to the Copyright Office in this case include:
02 Declarations for registration of copyright protection;
02 notarized copies of the author’s ID card of the work;
02 Decision to assign work if the owner of copyright is a company
02 detailed descriptions and summaries of the work (closed);
02 discs of the work (Closed);
Other records will be at the request of the Copyright Office.
Applications will be submitted to the Copyright Office.
Time for processing and granting copyright certificates of journalistic works: Within 15 days from the date on which the Copyright Office receives valid dossiers and pays the State fee for applying for a work copyright certificate. , proving that the work is created by the author himself, does not copy, does not violate the law, and has elements of fine customs and traditions, he/she will be granted a copyright certificate of journalistic work.
Related article:
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- Register the ownership of the logo by the laws of Vietnam
- How to register a foreign logo in Vietnam?
Frequently asked questions
When journalists and reporters discover their journalistic copyright infringement, press agencies and authors need to immediately exercise their right to self-defense. The first is to ask the infringer to remove the infringing article or image, have an apology or a commitment not to repeat the violation… Violators can take administrative, civil and criminal measures to protect the copyright of their journalistic works. If the press agency and author have a resolute and uncompromising attitude in the handling process, the situation of press copyright infringement in the digital age will decrease rapidly.
The cause of press piracy lies in the sense of law compliance and the lack of determination of the author and the owner of the work. Specifically, some authors also have a mentality of respect and fear for colleagues to reuse their journalistic works without permission. Currently, Vietnam’s law on intellectual property and copyright for journalistic works is very complete and strict. We also have legal provisions to protect copyright for journalistic works such as: self-defense measures, administrative measures, civil and most seriously, criminal measures.
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