Copyright infringement is a painful and common problem in modern society, especially in the digital age. With the development of the internet and information-sharing tools, copying, sharing and unauthorized use of creative works has become easier than ever. Therefore, it is necessary to know “what is copyright?” to grasp and understand the details to avoid violations. VCD’s article below will help you.
1. Concept of copyright
According to Wikipedia: rights are legal, social, or moral principles about freedom or what is deserved, that is, rights are basic normative rules about what is permissible for people or people who follow some legal system, social convention, or ethical theory.
From a legal perspective, rights are a legal concept used to refer to things that the law recognizes and guarantees to be implemented for individuals and organizations so that they can enjoy, do, and demand without anyone else. be prevented and limited.
Copyright in English is called Copyright, the term copyright refers to a person’s intangible rights to create intellectual products. According to British and American law, copyright protects the economic rights of the copyright owner rather than the moral rights of the author. The concept of copyright is not regulated in Vietnam’s Intellectual Property Law. However, in reality, we often refer to the concept of copyright to only choose a form of protection for copyright and related rights.
And capital privilege is the language used in the European legal system. This right considers the author as the center and protects all rights of both personal and property rights of the author.
In Vietnam, only the author is defined by law, but according to practical application, the author is simply understood as copyright or copyright is the right of the author and his/her partners to create products that he or she creates to avoid being infringed by others. According to the provisions of Clause 2, Article 4 of the Intellectual Property Law, copyright is the right of the organization or individual partner of the product that they create or own.
Copyright is just a form of intellectual property. Copyright concentrates and the commercial value aspect of intellectual property rights. It protects the owner’s rights to use, copy, distribute, or commercialize his work, products, and services. Copyright plays an important role in ensuring fairness and encouraging creativity in the business environment.
Copyright focuses on protecting the author’s rights to his or her work. It is related to spiritual values, personal rights, and the connection between the author and the work. Copyright ensures the full protection of the author’s rights, including the right to recognize the work, control the use of the work, and the right to receive remuneration when the work is used.
The concepts of copyright and copyright are two related concepts but not completely the same. However, due to time as well as the integration of countries and international organizations, laws between countries interfere. together, these differences are gradually changing and becoming more harmonious.
Therefore, it can be simply understood that copyright is the right of organizations and individuals to works they create or own. In other words, when you create a work such as a song, poem, painting, novel, software, etc., you automatically have a copyright over that work. This right includes protecting personal rights, property rights and protecting the author’s economic interests.
2. Things to know about copyright
- Purpose of copyright protection:
- Promote creativity and development of science, culture and art. It plays an extremely important role in showing respect for the author and encouraging them to continue to contribute creatively to the community and society.
- Ensuring copyright rights for their works includes: economic rights (allowing the author to exclusively own and exploit business on that work), moral rights (protect the author’s interests including the right to name and integrity of the work during use and exploitation), moral rights (protection of the author’s non-economic interests in the work).
- Copyright protection provides economic rights to the legal owner to authorize or prevent the use of the work in commercial activities and receive compensation. The owner also has the right to control the various uses of the work, including publication, printing, recording, public performance, radio broadcast, translation, film adaptation, and more. other form. This encourages creativity and protects the rights of creators in society.
- Works protected by copyright:
Types of works protected by copyright are specified in Article 14 of the Intellectual Property Law, specifically as follows:
1. Protected literary, artistic, and scientific works include:
a) Literary, scientific works, textbooks, course books, and other works expressed in writing or other characters;
b) Lectures, speeches, and other talks;
c) Journalistic works;
d) Musical works;
d) Theater works;
e) Cinematographic works and works created by similar methods (from now on collectively referred to as cinematographic works);
g) Works of fine arts and applied arts;
h) Photographic works;
i) Architectural works;
k) Maps, diagrams, maps, drawings related to topography, architecture, and scientific works;
l) Literary and folk artworks;
m) Computer programs, and data collection.
2. Derivative works are only protected according to the provisions of Clause 1 of this Article if they do not prejudice the copyright of the work used to make derivative works.
However, according to the provisions of intellectual property law, the above works must be directly created by the author using his or her intellectual labor and must not be copied from another person’s job to qualify copyright protection lawsuit.
VCD finds that understanding copyright is important because it protects the rights of creators, encourages creativity, manages culture and ideology, and promotes respect and compliance with the law. legality in using the works of others. This plays an important role in promoting the sustainable development of society through protecting and encouraging creativity.
