In what cases can published works be copied without the author’s permission?

Not all acts of copying published works are considered copyright infringement. In certain cases, the law allows individuals and organizations to use a work without the author’s or copyright owner’s permission. This article will explain the cases in which published works can be copied without the author’s permission.

Cases in which published works can be copied without the author’s permission

According to Clause 7, Article 1 of the 2022 Intellectual Property Law, the law allows organizations and individuals to copy and use published works without the author’s or copyright owner’s permission in the following cases:

• Individuals making a single copy for scientific research or educational purposes, provided it is not for commercial purposes.

• Copying a reasonable portion of the work using copying devices for personal and non-commercial research and study.

• Using the work appropriately to illustrate teaching activities, including lectures, publications, performances, audio and video recordings, or broadcasts for educational purposes.

• Exploiting and using the work in the official activities of state agencies.

• Making reasonable quotations from the work, without distorting the content, for the purpose of commentary, introduction, or illustration; using it in newspapers, periodicals, broadcasts, or documentaries.

• Using the work in non-commercial library activities, including copying the work for storage and preservation; copies must be marked as archived and access must comply with the laws on libraries and archives.

• Making reasonable copies of a portion of the work using copying devices for others for research and study. • Copying or transmitting works in interlibrary activities via computer networks, provided that the number of simultaneous users does not exceed the number of copies owned by the libraries.

• Performing art forms such as theater, music, and dance in cultural activities or propaganda and promotional activities, not for commercial purposes.

• Photographing, filming, and broadcasting works of fine art, architecture, photography, and applied art displayed in public places for the purpose of showcasing the works, not for commercial purposes.

• Importing copies of other people’s works for personal use, not for commercial purposes.

• Republishing lectures, speeches, and public presentations in newspapers, periodicals, broadcasts, or other media for the purpose of providing current information, except when the author has declared a copyright.

• Recording, filming, photographing, and broadcasting events for news reporting, including the use of works seen or heard at those events.

• In cases where visually impaired persons, persons unable to read print, or persons with disabilities cannot access the work in the usual way; caregivers, foster parents, or organizations meeting the legal requirements.

Note: The use of the work in the above cases must not affect the normal exploitation of the work, must not infringe upon the legal rights and interests of the author and copyright owner; and must clearly state the author’s name and the source of the work. However, the act of making a single copy for personal research or teaching, and copying works for library storage, does not apply to architectural works, sculptural works, and computer programs.

What are the penalties for intentionally copying a published work without the author’s permission?

The act of intentionally copying published works without the author’s or copyright owner’s permission will be subject to administrative penalties and, in some cases, may lead to criminal prosecution, depending on the nature and severity of the violation.

Administrative penalties for copyright infringement

According to Decree 28/2017/ND-CP, individuals who illegally copy copyrighted works may be subject to:

• Fines ranging from VND 15,000,000 to VND 35,000,000.

• Double fines for organizations, ranging from VND 30,000,000 to VND 70,000,000.

In addition to fines, violators may also be subject to remedial measures, including:

• Being compelled to cease the copyright infringement.

• Being compelled to remove or destroy the infringing copies.

• Being compelled to compensate the author or copyright owner for damages as stipulated by civil law.

Criminal prosecution (if the violation is serious)

In cases where the illegal copying is carried out for commercial purposes, resulting in significant illicit gains or causing serious damage, the violator will face further penalties. They may be prosecuted under Article 225 of the Penal Code, with the following penalties:

• Fines

• Non-custodial correctional sentences

• Imprisonment according to the corresponding penalty range

Note: Copying works is only exempt from permission in cases permitted by law (such as for research, teaching, news information, etc.). If it exceeds the permitted scope or has a commercial purpose, the act of copying is still considered copyright infringement.

The above is the article “In what cases can published works be copied without the author’s permission?”. Hopefully, it will help you understand the cases where the law allows the use of works without the author’s or copyright owner’s permission.

Sincerely,

FAQ