In the field of education and scientific research, sharing and using resources is essential to promote knowledge and innovation. However, copyright protection also plays an important role in ensuring the rights of authors and encouraging creativity. Therefore, limiting copyright in teaching and research activities has become a noteworthy issue. So what are the legal regulations on this issue? Please follow the article of VCD below.
1. Concept
Teaching is understood as presenting knowledge, imparting knowledge in detail for others to understand. Scientific research is the activity of exploring, discovering, understanding the nature and laws of things, natural and social phenomena and creative thinking of solutions to apply in practice (Clause 4, Article 3 of the Law on Science and Technology 2013).
A common feature in teaching and scientific research activities is the exploitation and use of published works. This exploitation and use can be in many different forms and plays an important role in teaching and scientific research.
Limitations of copyright in teaching and scientific research activities are understood as the use of works in the process of imparting knowledge, creating, learning, discovering objects, phenomena, and society without the user having to ask for permission from the author, copyright owner, may not have to pay remuneration, must not affect the normal exploitation of the work, and must not harm the legitimate rights and interests of the author, copyright owner.
2. Regulations on copyright limitations for teaching and scientific research activities
The law on copyright recognizes the contributions to literature, art and scientific research of authors and copyright owners by granting them exclusive rights to exploit and use their creative and investment achievements. In order to harmonize the interests of copyright owners and public interests, intellectual property law stipulates exceptions to the exclusive rights, also known as copyright limitations, for certain acts of using and exploiting copyright.
The limitation is reflected in the fact that in certain cases, other individuals and organizations have the right to use published works without permission, without having to pay royalties to the author or copyright owner, or use published works without permission but must pay royalties and remuneration (Articles 25 and 26 of the current Intellectual Property Law). The subjects of application in this case are published works.
Cases of using a work without permission, without paying royalties or remuneration:
- Regarding the regulation on self-copying one copy for the purpose of scientific research and teaching by an individual: According to the provisions of Point a, Clause 1, Article 25 of the current Law on Intellectual Property, in addition to complying with the general principle in using a work that does not affect the normal exploitation of the work and does not harm the legitimate rights of the author or copyright owner, copying a work without permission, without paying royalties can only be carried out when meeting the following conditions: self-copying; and only one copy can be copied and only for the purpose of scientific research and teaching by an individual.
- Regarding the regulation on copying a work for storage in a library for research purposes. Library activities are always associated with copyright protection, because they originate from the functions and tasks of the library as stipulated in Clause 2, Article 4 of the 2019 Library Law.
According to the provisions of Clause 1, Article 29 of Decree 17/2023/ND-CP: Copying a work stored in a library as stipulated in Point e, Clause 1, Article 25 of the Law on Intellectual Property is the act of copying no more than three copies for preservation, provided that these copies must be marked as archived copies and limited to the subject of access according to the provisions of the law on libraries and archives. According to the above provisions, copying a work for storage in a library is also limited to three copies and must be marked as archived copies and limited to the purpose of non-commercial purposes.
In cases where permission is not required to use a work but royalties and remuneration must be paid:
The law allows other entities to use the work in certain cases without having to ask for permission from the copyright owner but must pay remuneration for the use. Article 26 of the current Intellectual Property Law stipulates this case. This is an exception specifically for broadcasting organizations, the act of broadcasting is considered as communicating the work to the public. Therefore, the intellectual property law stipulates that when an individual or organization broadcasts, they must pay a sum of money to the author or copyright owner. Broadcasting organizations, when using published works for broadcasting, whether sponsored, advertised, or collected money or not, must pay royalties and remuneration to the copyright owner from the time of use. The difference is shown in the level of royalties and remuneration.
Above is the article “Limitations on copyright in teaching and scientific research activities” that VCD sends to you. We hope you find this article useful.
Sincerely,
