What rights do co-authors have under Vietnamese law?

Hello lawyer, I have a friend who composes a song. In the near future we plan to register the copyright for this song. We will be co-authors, ask a lawyer to explain what rights co-authors have under Vietnamese law? I sincerely thank!

Co-authors are those who directly co-create literary, artistic and scientific works. So, what rights do co-authors have under the law? Let’s find out with lawyer X right here:

Legal grounds

• Law on Intellectual Property 2005, amended and supplemented in 2009
• Decree 105/2006/ND-CP
• Decree 22/2018/ND-CP

Co-authoring concept?

Co-authors are those who directly co-create literary, artistic and scientific works.

According to Article 6 of Decree 22/2018/ND-CP stipulates as follows:

“Co-authors are authors who directly create a part; or entire literary works. Art and Science”.

“The person who supports and gives suggestions; or provide material for others to create works that are not recognized as authors or co-authors.”

Co-authors are common owners of literary and artistic works; science and enjoy the rights of the author (including moral rights and property rights). In case the creation of works according to the assigned tasks; or under a contract of assignment from an agency or organization; the property rights belong to the agency or organization that assigns the work, and the moral rights belong to the co-authors. Co-authors have the right to receive remuneration and royalties assigned by agencies or organizations.

Co-authors can be indivisible co-authors; and divisible co-authors. Co-authors are indivisible when it is not possible to determine which part of the work each co-author created. Co-authors are divisible when each co-author creates a part of the work; and that part can be used independently (division in cross-section); or each author creates a section throughout the work (divided vertically).

For works with co-authors, the use; the disposition of the work must be agreed upon by all co-authors; if a co-author has died, the consent of the co-author’s heirs must be obtained.

What rights do co-authors have under the law?

The co-authors use their own time, finance, material and technical facilities; to co-create a work that shares the rights specified in Articles 19 and 20 of the Intellectual Property Law with respect to that work.

“Article 19. Moral rights

Moral rights include the following rights:

1. Name the work;
2. Put your real name or pseudonym on the work; be given a real name or a pseudonym when the work is published or used;
3. Publish the work or allow others to publish the work;
4. Protect the integrity of the work, prevent others from modifying or mutilating it; or misrepresent the work in any way that is prejudicial to the honor and reputation of the author.

Article 20. Property rights

1. Property rights include the following rights:

a) Making derivative works;

b) Performing the work in public;

c) Copying works;

d) Distributing or importing originals or copies of works;

e) Communicating works to the public by wire or radio means; electronic communication networks or any other technical means;

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

2. The rights specified in Clause 1 of this Article shall be vested in the author; exclusive performance copyright holders; or permit others to act in accordance with this Law.
3. Organizations and individuals when exploiting and using one or several; or all the rights specified in Clause 1 of this Article and Clause 3, Article 19 of this Law, must obtain permission and pay royalties, remunerations and other material benefits to the copyright holders.”

Moral rights and property rights to the work between co-authors in the following cases

– The work is considered as sole joint ownership: The separate parts created by each author are inseparable, or the independent use of each separate part is detrimental to the interests of other authors. . If the work is jointly owned and not otherwise agreed, the use; Disposal of the work must be agreed upon by all co-owners. In case of death of a co-owner, the agreement of the lawful heirs must be obtained.

– Works are considered to be part of common ownership: If co-authors create a work, if there is a separate part that can be separated and used independently without prejudice to other co-authors’ parts, there are rights property rights and moral rights to that particular portion.

The term of general protection applies to the case of co-authors, the term of protection shall terminate in the fiftieth year after the year of death of the last co-author.

Distinguish between co-author and collective author?

For co-authors, this concept is defined in Clause 2, Article 6 of Decree 22/2018/ND-CP The Decree details a number of articles and measures to implement the 2005 Intellectual Property Law and the 2005 Law on Intellectual Property. intellectual property amendments and supplements to a number of articles of the 2009 Intellectual Property Law on copyright and related rights. Co-authors are authors who directly co-create a part; or whole literary, artistic and scientific works.

The rights of co-authors will also vary from case to case. However, usually copyright holders who are co-authors will enjoy full moral and property rights.

As for the author’s collective, it can be understood that the author’s collective is the people who directly create the work. However, unlike the co-author, the author’s collective can only be applied to theatrical and artistic works. film. Although it is a collective, each subject can make a part of a work separate from each other and synthesize the parts to create a unified and complete work.

In the author’s collective, the authors will be the subject of moral rights (except for the right to publish the work) and receive remuneration from the owner. The property rights and the right to publish the work will belong to organizations and individuals making financial investments; material and technical foundations for the production of works.

Are acts of copyright infringement regulated by Vietnamese law?

Acts of infringing upon copyright specified in Article 28 of this Law are as follows:

“Article 28. Acts of copyright infringement

1. Appropriating copyright to literary, artistic and scientific works.
2. Impersonate the author.
3. Publishing and distributing works without author’s permission.
4. Publishing and distributing works with co-authors without permission of such co-authors.
5. Correcting, mutilating or distorting the work in any way that is prejudicial to the honor and reputation of the author.
6. Copying the work without the permission of the author or copyright holder; except for the cases specified at Points a and dd, Clause 1, Article 25 of this Law.
7. Making a derivative work without the permission of the author or copyright owner to the work used to make the derivative work, except for the case specified at Point i, Clause 1, Article 25 of this Law.
8. Using a work without permission of the copyright owner, without paying royalties, remuneration or other material benefits as prescribed by law, except for the case specified in Clause 1, Article 25 of this Law. This law.
9. Lease the work without paying royalties, remuneration and other material benefits to the author or copyright owner.
10. Duplicate, reproduce, distribute, display or otherwise communicate a work to the public via communication networks and digital means without the permission of the copyright owner.
11. Publish the work without the permission of the copyright owner.
12. Deliberately canceling or invalidating technical measures taken by copyright owners to protect copyright in their works.
13. Deliberately deleting or changing the electronic rights management information contained in the work.
14. Manufacture, assemble, transform, distribute, import, export, sell or lease equipment knowing or having grounds to know that such equipment invalidates technical measures taken by the right holder done by the author to protect the copyright of his work.
15. Making and selling works where the author’s signature is forged.
16. Exporting, importing or distributing copies of works without the permission of the copyright owner.”

Thus, acts of infringing upon copyright are generally prescribed for types of copyright-protected works specified in Article 14 of this Law as follows:

“first. Protected literary, artistic and scientific works include:

a) Literary, scientific works, textbooks, textbooks and other works expressed in writing or other characters;

b) Lectures, speeches and other speeches;

c) Press works;

d) Musical works;

d) Theatrical works;

e) Cinematographic works and works created by similar methods (hereinafter referred to as cinematographic works);

g) Visual and applied art works;

h) Photographic works;

i) Architectural works;

k) Maps, diagrams, maps, drawings related to topography, architecture, scientific works;

l) Literary and folk art works;

m) Computer programs, data collection”.

Related article:

• Regulations on copyright for musical works in the digital environment in Vietnam
• When is the author concurrently the copyright owner in Vietnam?

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