Copyright is one of the issues of great concern today. The development of information technology makes it very easy to steal copyrights. Especially songs, works, photos posted on social networks. Stealing is easier than ever. Once stolen, it is also very difficult to prove that you are the creator. So, how to protect copyright? and Which works are protected by copyright in Vietnam? Let’s answer this question with Lawyer X!
Legal grounds
Law on Intellectual Property 2005, amended and supplemented in 2009
Decree 105/2006/ND-CP
Thank you for sending us your question. Lawyer X would like to answer questions; The following works are protected by copyright immediately:
Is the work protected by copyright?
Article 14 of the 2005 Intellectual Property Law stipulates that the types of works protected by copyright include:
- Protected literary, artistic and scientific works include:
a) Literary and 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; de Theatrical works;
f) Cinematographic works; and works created by a similar method (hereinafter referred to as cinematographic works);
g) Visual and applied art works;
h) Photographic works;
i) Architectural works;
k) Topographical maps, diagrams, maps and drawings; architecture, scientific works;
l) Literary and folk art works;
m) Computer programs, data collection.
- Derivative works are protected only under Clause 1 of this Article; without prejudice to the copyright in the work used as a derivative work.
- Protected works specified in Clauses 1 and 2 of this Article; must be created directly by the author with his own intellectual labor, without copying from the work of others.
- The Government shall provide specific guidance on the types of works specified in Clause 1 of this Article.”
Cases of using related rights that do not require permission but must pay royalties and remuneration?
Article 33 of the 2005 Intellectual Property Law provides as follows:
- Organizations and individuals that use related rights in the following cases are not required to obtain permission; but must pay royalties and remuneration as agreed to authors and copyright holders; performers, producers of phonograms, video recorders, broadcasting organizations:
a) Directly or indirectly use the published audio or video recording; for commercial purposes to carry out sponsored broadcasts; advertise or collect money of any kind;
b) Using phonograms or video recordings already announced in business and commercial activities.
- Organizations and individuals using the rights specified in Clause 1 of this Article must not affect the normal exploitation of the performance; sound recordings, video recordings, broadcasts; and without prejudice to the rights of performers; producers of phonograms, video recorders, broadcasting organizations.”
Is the owner of the work also the author?
The owner of the work also known as the “Copyright Owner” is an individual; organization that holds one, several or all of the “property rights” in relation to the acknowledged work.
The owner of the work can also be the author of the work; or not the author of the work.
The owner of the work is also the author of the work; if the author of that work uses his or her time, finance, material and technical facilities to create the work without having to perform under the tasks or under the assignment contract. In addition, with the case, works by many people use time, time, and finance; their own material and technical basis to jointly create that work; then they are both co-authors and owners of the work. In this case, for the work created they are the consolidated owners.
However, in other cases the owner of the work is not the author of the work, specifically:
The owner of the work is the agency or organization that assigns the author to create the work;
– The owner of the work is one or more individuals; organize the signing of a creative contract with the author for the author to create the work according to the signed contract;
The owner of a work is the person who inherits the author’s copyright according to the law on inheritance, including an individual or an organization. The person who inherits the copyright can enjoy the entire share of the copyright; or the part of the rights specified in advance by the author (the inheritor);
– Owner of a work is an individual or organization that is entitled to transfer rights from copyright holders under a contract on the right to be transferred;
-The owner of the work is the State if the work is anonymous; the work is still in the term of protection but the copyright owner dies and no longer has an heir; the heir refuses to receive the estate or is not entitled to the inheritance; The work is transferred by the copyright owner to the State.
Regulations on transfer of copyright and related rights?
Transfer of the right to use copyright and related rights is the work of the copyright owner; related rights holders permit other organizations or individuals to use for a definite time one; some or all of the rights specified in Clause 3, Article 19, Article 20, Clause 3, Article 29, Article 30 and Article 31 of the 2005 Intellectual Property Law.
The author may not transfer the right to use the moral rights specified in Article 19; except for the right to publish the work; the performer may not transfer the right to use the moral rights specified in Clause 2, Article 29 of the Intellectual Property Law.
In the case of works, performances, phonograms or video recordings; broadcasting programs with co-owners, the transfer of copyright use rights; related rights must be agreed upon by all co-owners; In case there is a co-owner, but the work, performance, phonogram, video recording or broadcast has separate parts that can be separated for independent use, the copyright owner, the Owners of related rights may transfer the right to use copyright or related rights for their own particular part to other organizations or individuals.
Organizations and individuals that are licensed to use copyright or related rights may transfer the use rights to other organizations or individuals with the consent of the copyright or related rights holders.
Are related rights objects protected under the law?
Article 17 of the 2005 Intellectual Property Law provides as follows:
- A performance is protected if it falls into one of the following cases:
a) Performances performed by Vietnamese citizens in Vietnam or abroad;
b) Performances performed by foreigners in Vietnam;
c) Performances fixed on phonograms or video recordings are protected under Article 30 of this Law;
d) Performances that have not been fixed on phonograms or video recordings that have been broadcast are protected under Article 31 of this Law;
e) Performances protected under international treaties to which the Socialist Republic of Vietnam is a signatory.
- Sound or video recordings are protected if they fall into one of the following cases:
a) Phonograms or video recordings of Vietnamese nationalities of producers of phonograms and video recordings;
b) Phonograms and video recordings of producers of phonograms or video recordings are protected under international treaties to which the Socialist Republic of Vietnam is a signatory.
- Encrypted broadcasts and program-carrying satellite signals are protected if they fall into one of the following cases:
a) Broadcast programs, encrypted program-carrying satellite signals of broadcasting organizations having Vietnamese nationality;
b) Broadcasting programs, encrypted program-carrying satellite signals of broadcasting organizations are protected under international treaties to which the Socialist Republic of Vietnam is a signatory.
- Encrypted program-carrying performances, phonograms, video recordings, broadcasts, and program-carrying satellite signals may only be protected according to the provisions of Clauses 1, 2 and 3 of this Article, provided that they do not cause any harm. prejudicial to copyright.”
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Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Which works are protected by copyright in Vietnam“. At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more
- Register song copyright in Vietnam
- Regulations on copyright for musical works in the digital environment in Vietnam
- Term of copyright protection for foreign work
Frequently asked questions
Normally, intellectual property disputes will be resolved by the people’s courts of districts, towns, cities under central authority.
However, if one of the disputing parties or the property is located abroad or it is necessary to entrust the judiciary to the representative mission of the Socialist Republic of Vietnam abroad or to a foreign court, then the case is Disputes will fall under the jurisdiction of the provincial people’s court.
In addition, for disputes over intellectual property that both parties have profit purposes, it will be adjudicated by the provincial people’s court.
Without registration of copyright, the author and owner still enjoy those rights. However, it is easy to get into situations where intellectual property rights disputes arise
Conclusion: So the above is Which works are protected by copyright in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
