Fine art is a type of visual art, typical of which are works of painting, graphics, and sculpture. Works of fine art are present in everyday life, bringing different spiritual values to people, while also bringing significant economic values. Fine artworks are one of the types protected by copyright. Therefore, in Vietnam, how are works of art protected by copyright?
1. What are works of fine art?
According to the provisions of Vietnamese law, fine art works are a type of work protected by copyright, recorded at Point g, Article 14 of the Intellectual Property Law.
More specifically, Article 6, Clause 7, Decree 17/2023/ND-CP clarifies the concept and types of fine artworks as follows:
“Fine artworks specified in Point g, Clause 1, Article 14 of the Intellectual Property Law are works expressed by lines, colors, shapes, and layouts, including:
a) Painting: Lacquer painting, oil painting, silk, gouache, watercolor, Do paper and other materials;
b) Graphics: Wood engraving, metal engraving, rubber engraving, plaster engraving, mono-printing, stone printing, screen printing, promotional paintings, graphic design and other materials;
c) Sculpture: Statues, monuments, reliefs, pedestals, symbolic blocks;
d) Installation art and other forms of contemporary art expression.
Paintings, sculptures, installations, and other forms of contemporary art exist in unique form. Graphic works may be represented up to the 50th edition, numbered sequentially and signed by the author.”
Meanwhile, it can be understood that protected works of fine art are works of painting, graphics, other sculptures, installation art, and other forms of contemporary artistic expression.
2. Term of protection of fine artworks
Moral rights such as the right to name the work; The right to have your real name or pseudonym on the work and to have your real name or pseudonym mentioned when the work is published or used; The right to protect the integrity of the work to prevent others from distorting it and to prevent others from modifying or mutilating the work in any form that harms the author’s honor and reputation is protected indefinitely. term.
The right to publish works and property rights has a term of protection that is throughout the author’s life and fifty years following the year of the author’s death; In case a work has a co-author, the term of protection ends in the fiftieth year after the year the last co-author dies.
3. Protection conditions for fine artworks
3.1. Conditions for works
- The work must be created by the author using his or her intellectual labor and not copied from the work of others.
- Must be a type of work shaped in a certain physical form:
According to Article 6, Clause 1 of the Intellectual Property Law, copyright arises only when the work is created and expressed in a certain material form. If the author only comes up with an idea without actually shaping the work, then that idea is not protected by copyright.
- The content is not contrary to social ethics, or public order, and is not harmful to national defense and security:
According to Clause 1, Article 8 of the Intellectual Property Law, the State “Recognizes and protects intellectual property rights of organizations and individuals based on ensuring harmony between the interests of intellectual property rights holders and the interests of intellectual property rights holders.” public; Do not protect intellectual property objects that are contrary to social ethics, public order, or harmful to national defense and security. Thus, if fine artworks have content contrary to social ethics, and public order, or are harmful to national defense and security, the State will not be protected.
3.2. Conditions for authors
- The author’s work is a Vietnamese citizen;
- Works owned by Vietnamese citizens, legal entities, or organizations;
- Works of foreigners and foreign legal entities created and expressed in certain material forms in Vietnam;
- Works of foreigners and foreign legal entities are published and disseminated for the first time in Vietnam;
- Works of foreigners and foreign legal entities are protected in Vietnam according to international treaties that Vietnam has signed or participated in.
Therefore, when the above conditions are met, a work of art will be protected by copyright.
Above is the article “Copyright protection for works of fine art”. We hope this article is useful to you.
