Author: Editor VCD

Does a musician who composes a song set to music from a poem have to ask for permission and pay royalties to the poem’s author?

Written by Editor VCD on 3 January, 2024. Posted in Musical work.

Many poets feel hilarious when their works are set to music. From this “connection,” many songs were born, becoming favorites of many audiences. However, before musicians put music into poems, do they need the approval of the author of the poem, and do they have to pay them royalties? Please read “Does a musician who composes a song set to music from a poem have to ask for permission and pay royalties to the poem’s author?” VCD’s article for more information.

1. What is a song set to music from poetry? Is it a derivative work?

Vietnamese literature is rich in musicality with melody sounds, so hidden in poetry is music. The types of rhymes in our country’s literature such as six-eight, song-that-six-eight, and spoken-song are all coupled with recitation and chanting. Folk songs such as lullabies and chants often borrow folk songs as lyrics.

Therefore, music composition is the art of writing music based on the words and ideas of a poem. Based on poetry, with artistic vibes, musicians constantly create vitality for music. It is easy to see that the musicians are quite faithful to the original, the poem’s name is also the song’s name. Musicians often capture the soul of poetry, not taking the prototype of every sentence and every word, but choosing to use sentences and paragraphs that suit their ideas.

According to Clause 8, Article 4 of the Intellectual Property Law, “Derivative works are works translated from one language to another, works adapted, adapted, adapted, compiled, annotated, selected.”

Therefore, a musical work set to poetry is a derivative work and is protected under the provisions of law if and only if the setting of music to poetry does not harm the copyright of the original work.

2. Do I have to ask permission and pay the poet to put music into poetry?

According to the provisions of the Intellectual Property Law, individuals, when exploiting and using one, some, or all of the property rights and the right to publish the work or allow others to publish the work, must apply for permission and pay money. royalties, remunerations, and other material benefits for copyright owners.

Property rights specified in Article 20 of the Intellectual Property Law include:

Making derivative works;

Performing works in public;

Copying works;

Distributing or importing originals or copies of works;
Communicate works to the public by wire, wireless, electronic information networks, or any other technical means;

Rent originals or copies of cinematographic works and computer programs

Therefore, adding music to poetry to create a new work requires the consent of the owner of the original work to be done, and at the same time, royalties, remuneration, and other material benefits must be paid to the owner. the copyright owner of the poem.

Above is the article “Does a musician who composes a song set to music from a poem have to ask for permission and pay royalties to the poem’s author?“. We hope this article is useful to you.

Using artist images without permission and copyright issues

Written by Editor VCD on 2 January, 2024. Posted in Copyright Registration.

Using images of artists, influencers, KOLs, or KOCs to advertise businesses, products, and concerts… is always an effective marketing strategy, helping to attract consumers’ attention. For example, a few years ago, when the song “Lac Troi” was released, Son Tung M-TP’s influence helped the national footwear brand Biti’s go upstream and become successful again when at that time, Biti’s Hunter shoe line was almost sold out everywhere. However, nowadays it is not difficult to see images of artists or celebrities in general everywhere. Therefore, Using artist images without permission and copyright issues

1. Legal regulations on personal images

In current Vietnamese legal regulations, there is no concept of “personal image copyright”. Instead, the concept of “copyright” or in strictly legal terms “copyright” is a category of intellectual property rights defined in Article 4 of the Intellectual Property Law: “Copyright is the rights of organizations and individuals to the works they create or own.” And “work” here is also defined as “creative products in the fields of literature, art, and science expressed in any medium or form”.

As for an individual’s image, the correct legal term would be the individual’s rights to the image. Clause 1, Article 32 of the 2015 Civil Code stipulates the rights of individuals to images, accordingly:

Use of an individual’s image must be approved by that person.

If using another person’s image for commercial purposes, compensation must be paid to the person with the image, unless otherwise agreed by the parties.

In addition to using images of celebrities to advertise brands, advertising products related to the use of personal images is often done through the following forms: photos, and advertising films. advertisements, etc. These products are also audio recordings, video recordings, photographic works, or works of applied art…. Subjects protected by copyright and rights related to copyright according to the provisions of intellectual property law.

According to the current Intellectual Property Law, the owners of audio recordings, video recordings, photographic works, and fine arts applied for advertising mentioned above can be the direct creators of the works, or organizations and individuals who make financial investments in the creation or other organizations and individuals whose rights are transferred. Other organizations and individuals when exploiting and using the above works, depending on the subject, will have to ask for permission and pay compensation (for works of photography and applied art) or not have to ask for permission but must pay royalties and remuneration as agreed to the owner or author (for audio and video recordings that have been published).

2. Some issues related to personal image rights

Images of celebrities are easily obtained in the media, so are these images comfortable to use?

Current laws protect the image rights of individuals in general and celebrities in particular. Therefore, using personal images for commercial purposes without the consent of the individual possessing the image is a violation of the law (except in certain cases).

Using images of famous people to promote one’s brand or product without the consent of the person may be subject to an administrative fine of from 20,000,000 VND to 40,000,000 VND according to the provisions of Clause 3, Article 34 Decree 38/2021/ND-CP stipulating penalties for administrative violations in the field of culture and advertising promulgates handling of violations of regulations on prohibited acts in advertising activities. Or the person with the image may request the Court to issue a decision forcing the violator to recall, destroy, stop using the image, pay compensation for damages, and apply other handling measures according to regulations. under the law.

If brands use images of famous people published publicly in newspapers or news sites, is that a copyright violation?

Before determining whether this behavior violates copyright, it is necessary to consider whether those news sites and newspapers have had an agreement to buy the copyright of that celebrity’s image. If there is a copyright agreement, then the mentioned news sites or newspapers already have property rights to the above images.

Therefore, if any individual or organization uses that image for commercial purposes without the permission of that news site or newspaper, it is a violation of the law. News sites or newspapers have the right to request infringing individuals and organizations to immediately stop using illegal images, and force individuals and organizations to compensate for damages.

If in the case of news sites or newspapers that do not have an agreement on the copyright of the image of the person with the photo, individuals, and organizations, with the consent of the person with the image, still have the right to use the image without permission need to be responsible for the above-mentioned news sites or newspapers.

3. Conclusion

In fact, in Vietnam, famous people often maintain a peaceful attitude when their images are arbitrarily used when these activities do not affect their honor and dignity, so there are very few sanction cases related to the infringement of personal images. However, with the development of social media, taking advantage of celebrities’ images is bringing more economic benefits than ever.

In cases where personal images are used inappropriately, celebrities may suffer reputational damage and reduce copyright licensing revenue, especially when those individuals’ images are associated with products that do not meet standards or are not suitable.

Personal image is the content of moral rights attached to an individual, it is also considered one of a person’s personal information. Therefore, any act of using or distributing other people’s images must be considered very carefully to avoid violating the personal rights of others and being subject to legal sanctions the law.

Above is the article: “Using artist images without permission and copyright issues”. Hope this article will help you.

Cite the work reasonably so as not to infringe on the copyright

Written by Editor VCD on 29 December, 2023. Posted in Copyright Registration.

Copyright under intellectual property law stipulates exceptional acts that do not infringe copyright, specifically reasonable citation and copying of works. However, what is a reasonable citation of a work according to the law? Please read VCD’s “Cite the work reasonably so as not to infringe on the copyright” article for more information.

1. What is a work citation?

Citations are a way to let readers know that you’ve included some information in your content from another source. Whenever you directly quote, summarize, or paraphrase the ideas of other authors in your content, it is essential to cite them. Correct and complete citations provide all the important information to the reader to help them find the source later. Information in the citation includes the subject name, author information, and publication date. It also includes the name of the publisher of the work and the page number

Citing documents properly is extremely important, such as:

Correct citation is a way to show respect for the source’s author.

Helps writers avoid being considered plagiarism.

If readers want to learn more deeply, they can easily find the original documents cited.

Reputable reference sources will make the information and opinions in the article more authentic.

Good citation habits build a solid foundation for your goal of improving your ability to express yourself, thereby helping to improve your writing skills.

2. Cite the work appropriately so as not to violate copyright

According to the provisions of Clause dd, point 1, Article 25 of the Intellectual Property Law, in cases of using published works, permission is not required, or copyright is paid. Still, information about the author’s name and the origin of the author must be provided. Products include:

“d) Reasonably quote the work without distorting the author’s intention to comment, introduce or illustrate in your work; to write articles, use in periodicals, broadcast programs, documentaries;”

Conditions for citing works that are not considered copyright infringement according to the provisions of Article 28 NDD17/2023/ND-CP include the following conditions:

The quotation is only to introduce, comment, or clarify the issues mentioned in my work.
The excerpt from the work used for citation does not cause unreasonable damage to the legitimate interests of the author or copyright owner of the work used for citation; appropriate to the nature and characteristics of the type of work used for citation.

Citations must be accompanied by an indication of the source of the work and the author’s name if the author’s name is stated on the work used for citation.

Therefore, in addition to not distorting the author’s intention, not harming copyright, and being consistent with the characteristics of the work used for citation, the citation must not be for commercial purposes. At the same time, the conditions prescribed by law must also be met so that quoting is not considered an infringement of copyright.

Above is the article “Cite the work reasonably so as not to infringe copyright“. We hope this article is useful to you.

Consequences of pirated books on Copyright

Written by Editor VCD on 28 December, 2023. Posted in Copyright Registration.

“Pirated” books can be used by consumers accidentally, or intentionally. Sometimes the buyer doesn’t pay attention or use it because pirated books are cheaper and easier to buy. However, whether used accidentally or intentionally, pirated books have consequences for consumers and copyright in general. VCD’s following article will highlight more clearly the consequences of “pirated” books on copyright.

1. What is a “pirated” book?

Pirated books can be understood as books printed and published illegally, that is, without legal documents proving the origin of the work and ownership of the work within the market area of at least Vietnam, and/or do not have a legal publishing license.

According to Clause 4, Article 213 of the Intellectual Property Law, it is stipulated that “Pirated goods are copies produced without the permission of the copyright owner or related rights owner.”

Moreover, according to Decree 17/2023/ND-CP regulating the determination of copyright infringement elements at Point g, Clause 1, Article 66: “Infringement of the right to copy works: Duplicating or creating copies of works without obtaining the consent of the owner or co-owner of copyright according to the provisions of law.”

Therefore, the act of making pirated books is considered an act of copyright infringement according to Vietnamese law.

2. Why are pirated books growing so much?

The production and sale of pirated books help discredited manufacturers blind because of huge profits, at the same time, consumers also buy a lot for simple reasons – cheap.

Firstly, pirated books do not cost money to buy copyright. If the book is copyrighted from abroad, book companies have to pay extra for translation and proofreading, which is often not a small amount. People who make fake or pirated books do not have to pay translators, proofreaders, editors, pre-press staff, cover artists… so they can save a lot of costs.

Secondly, pirated and fake books are often of poor quality. They often choose worse, thinner, lower quality paper, smaller size… All of this lowers the price of the book.

Thirdly, private printing factories that print pirated books are often small, located in remote areas, with outdated, old, and poor-quality equipment. In case of arrest or confiscation of evidence, the cost is not too large. Reputable printing companies, located in the city, will often have higher printing costs and most must apply for a publishing license before printing books.

In addition, we can also see that the fact that pirated books still thrive and survive well in the market is partly because readers sometimes cannot distinguish the difference. If you are not a person who regularly goes to bookstores, many readers often buy books “where they see them” and this situation can easily lead to readers buying pirated books without knowing it.

3. Consequences of using “pirated” books

Consequences of using “pirated” books for readers

People who buy pirated books suffer losses because they spend money to buy a poor-quality product. Books are poorly photocopied, causing blurry text, broken lines, uneven colors, low quality, easily damaged… Even due to sloppy production and lack of content censorship, sometimes the translation is not according to the author’s intention. The author leads to serious errors in knowledge.

The biggest danger that pirated books and fake books bring is that people accept pirated books, which means accepting the habit of stealing knowledge, and accepting books that are false in content and weak in form. awake.

Consequences of using “pirated” books for the author

As for the authors, they are the ones who suffered heavy losses. We know that authors receive royalties from the number of books sold. If pirated books are widely produced, the company or publisher that holds the copyright to sell the book cannot sell the book and thus cannot pay much royalty to the author.

This is one of the main reasons why authors are discouraged. If the effort and enthusiasm we put in do not bring worthy results, will reputable authors still want to concentrate on writing books?

Consequences of using “pirated” books for publishers

The damage to book companies and publishers is clear, they suffer both economic and reputational losses. Publishers spend money to buy copyrights, and hire people to translate, proofread, edit, present, and give birth to dedicated children with a lot of effort and intelligence but are blatantly robbed and snubbed.

The revenue from publishing activities does not contribute much to the economy, but this is an industry that helps improve education, culture, and people’s knowledge. A book following the correct process, from receiving the manuscript to publishing the book, takes at least half a year and must be approved by management at all levels to be published. All that effort because of “pirated” books became useless.

Notes when using works protected by copyright

Written by Editor VCD on 27 December, 2023. Posted in Copyright Registration.

Normally, to avoid copyright infringement of their created works, the author or owner of the work will register copyright protection for that work. However, reality shows that many people simply think that when using someone else’s work, it is enough to clearly state the source and author. Some organizations make their own audio and video recordings of other people’s works without any contract with the author, then claim ownership of that recording. Consumers blatantly buy cheap products, copy tapes, and discs that are widely sold on the market without knowing that they are products that violate the Intellectual Property Law. Therefore, to limit the above situation, individuals and organizations need to pay attention when using works protected by copyright, specifically shown in the article “Notes when using works protected by copyright” below from VCD.

1. What is a work protected by copyright?

According to Vietnamese law, a work is a creative product in the fields of literature, art, and science expressed in any medium or form. Currently, according to Article 14 of the Intellectual Property Law, there are the following types of protected works: stories, plays, visual works, films, photos, videos, computer programs, documents, drawings, and works. Scientific works, songs… Literary, artistic, and scientific works protected by the State are divided into three categories: written works, musical works (sound recordings), and visual works (motion pictures).

Copyright is the right of organizations and individuals to works they create or own (Clause 2, Article 4 of the Intellectual Property Law). Copyright arises from the moment the work is expressed in a certain form; Protected works must be original, that is, not copied or imitated by other works. Protection of copyright owners means that the State agency records documents that protect the personal and property rights of the owners and the copyright owner is allowed to use legal methods to protect your copyright objects against any infringement. Protecting copyright owners not only prevents acts of intellectual property infringement but also solves the problem of copyright infringement as well as handling compensation issues.

Article 19 of the Intellectual Property Law stipulates that the author’s moral rights include:

Name the work.

Put your real name or pseudonym on the work; be given your real name or pseudonym when the work is published or used;

Publish the work or allow others to publish the work;

Protect the integrity of the work to prevent others from distorting it; Do not allow others to modify or mutilate the work in any form that harms the author’s honor and reputation.

Article 20 of the Intellectual Property Law stipulates that the author’s property rights include:

Make derivative works;

Performing works in public;

Copying works;

Distributing or importing originals or copies of works;

Communicate works to the public by wire, wireless, electronic information networks, or any other technical means;

Rental of originals or copies of cinematographic works and computer programs.

The author, the exclusive copyright owner, shall exercise these rights or authorize others to do so. Organizations and individuals, when exploiting and using one, some, or all of these rights, must apply for permission and pay royalties, remunerations, and other material benefits to the copyright owner.

2. Causes of actual violations of copyright-protected works

Violations of copyright and related rights in the fields of literature, photography, music… can be found on any road, alley, or neighborhood with used banners, slogans, and billboards illustrating images; stores, music businesses, and television movies that have not been officially shown have been flooded with copies online… In particular, with the explosion of information technology, the problem of law violations and copyright infringement has become a problem. Copyright protection creates even more difficulties for authors and management agencies. With increasingly modern technological devices and the development of application platforms and social networks, anyone can become a subject of copyright infringement or violation of law. The situation of “Houses violate, people violate” along with the habit of “using temples” seems to have become obvious. Here are a few reasons:

Firstly, because the work of propaganda, dissemination, and legal education on intellectual property rights in general and copyright and related rights in particular is not yet extensive, timely, and irregular; Law enforcement in this area still has many shortcomings. In addition, the coordination between agencies in the enforcement apparatus for copyright and related rights protection is still limited. Inspection, examination, and handling of violations are not enough to deter and prevent infringement of copyright and related rights. Field monitoring officers still have part-time duties and are not yet specialized in expertise, skills, and operations, leading to low management and enforcement efficiency.

Secondly, one of the causes leading to the current situation of copyright infringement is also the fault of the authors themselves. Authors and owners whose works are infringing on copyright do not proactively “claim” the rights of their “brain children” even though they are very upset when they see them being used widely for copyright infringement. commerce. The violation continues until the author or owner discovers it, but in this situation, the violating parties have greatly affected the rights of that author.

According to statistics from the authorities, in recent years, intellectual property rights infringement cases have tended to increase and cause significant economic damage. This situation will still occur if individuals, organizations, and units do not take action to protect their interests. What is worrying today is that most businesses often focus on building brands and industrial designs but forget about registering for their protection. This will be a loophole for thieves to profit, causing businesses to suffer losses in copyright disputes as well as making it difficult to handle intellectual property violations.

3. Some notes when using works protected by copyright

Therefore, in addition to being aware of protecting the rights and interests of authors and owners of works, each individual and organization must be aware of the importance of asking permission and using copyrighted materials. work is protected by copyright. Below is one of the things to note when using works protected by copyright, including:

Firstly, it is necessary to determine whether the use of those works requires signing a license contract with the rights owner. Acts of using works protected by copyright can include the use of a song in a television program, the sale and distribution of CDs, and the use of software in businesses’ computer karma. Most acts of use or commercial exploitation of such rights require a license agreement or transfer of rights from the owner, so it is difficult to determine whether there is a license agreement or not. is very important. Next, subjects who want to use need to identify the rights owner to negotiate, draft, and sign a license contract before using and exploiting the copyright-protected work.

Secondly, it is necessary to determine whether copyright is managed by the owner, the producer, or by a collective organization. If there is a collective rights management organization when cooperating with this organization, individuals and organizations who want to use the work can save a lot of energy and money. This organization can significantly simplify the process of licensing works, directly dealing with individual authors and owners. The organization also offers centralized services where rates and terms of use can be negotiated and permissions obtained quickly and easily.

Thirdly, it is necessary to ask for permission to use copyright-protected works. In the minds of many people today, works published on the Internet are public property and they can be used for free. However, regardless of the medium published and the work is still under protection, its use requires the owner’s consent. In addition, you can further determine whether your behavior falls within the case of using published works without permission, without having to pay royalties or remuneration according to Article 25 of the Intellectual Property Law and other cases. In the case of using published works, permission is not required but royalties and remuneration must be paid according to Article 26 of the Intellectual Property Law.

Above is the article: “Notes when using works protected by copyright”. Hope this article will help you.

Copyright protection for works of folk paintings

Written by Editor VCD on 26 December, 2023. Posted in Copyright Registration.

Folk paintings are works created to serve the cultural and spiritual life of the people and are passed down through each generation. Folk paintings gradually became not only the private works of the poor common classes but became a popular art widely used by even aristocratic mandarins. Nowadays, folk painting villages are no longer developed like before. However, Vietnamese folk paintings are still highly appreciated and considered unique artistic features that need to be kept and preserved. Therefore, what are folk paintings and how are they protected?

1. What are folk paintings?

Folk paintings are popular works of art created by artists who are only familiar with everyday farm work. However, their works are full of unique creativity depicting daily life and feelings about the world around them. The art of Vietnamese folk painting, with its long history of development, has become an indispensable part of those who love the country’s painting.

According to the provisions of Vietnamese law, folk paintings are a type of work protected by copyright, recorded at Point g, Article 14 of the Intellectual Property Law.

More specifically, Point a, Clause 7, Article 6 of Decree 17/2023/ND-CP clarifies folk paintings 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;”

Therefore, folk paintings are works of art expressed with materials such as lacquer, oil paint, silk, gouache, watercolor… as mentioned by law above.

2. Protection period for folk paintings

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 have a term of protection that is the entire life of the author 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 folk paintings

Created directly by the author using his or her intellectual labor without copying from the works of others.

Must be a type of work shaped in a certain material 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. Therefore, if folk paintings have content contrary to social ethics, and public order, or are harmful to national defense and security, the State will not protect them.

Therefore, when the above conditions are met, folk paintings can be protected by copyright.

Above is the article “Copyright protection for works of folk paintings”. We hope this article is useful to you.

Compare trademark protection and copyright owner protection for logos

Written by Editor VCD on 25 December, 2023. Posted in Copyright Registration, Fine art work and applied art work.

Logos are one of the types of protection that individuals and businesses prioritize to avoid unfortunate and unwanted infringements. And when it comes to logo protection, there will be two different protection forms: trademark protection and copyright owner protection for the logo. Therefore, what is the difference between these two forms of protection? Please follow “Compare trademark protection and copyright owner protection for logos” VCD’s article below.

1. What is copyright protection and trademark protection?

According to Clause 16, Article 4 of the Intellectual Property Law, a trademark is a sign to distinguish the goods and services of different organizations and individuals. Trademarks are one of the protected objects of industrial property rights. The granting of a protection title to a trademark by a State agency is to protect that trademark from infringement. A trademark will be protected if it simultaneously meets the following two conditions:

Signs used here must be visible and can be in the form of letters, words, drawings, images, including three-dimensional images, or a combination of the above elements, expressed in one or more colors sharp.

That sign is capable of distinguishing the goods and services of the trademark owner from those of other entities.

Copyright is the right of organizations and individuals to works they create or own (Clause 2, Article 4 of the Intellectual Property Law), including the rights that the law gives to the owner of the work. work on naming and titling the work… The author or owner has the right to modify transmit and disseminate the work to the public by allowing others to participate in the process of exploiting the created work. work. Protection of copyright owners means that the State agency records documents that protect the personal and property rights of the owners and the copyright owner is allowed to use legal methods to Protect your copyright objects against any infringement. Protecting copyright owners not only prevents acts of intellectual property infringement but also solves the problem of copyright infringement as well as handling compensation issues.

For registration of logo protection, there are currently two methods: registering for protection as a trademark and registering for protection as the copyright owner of a work of applied art. So what’s the difference between these two methods?

2. Compare trademark protection and copyright owner protection for logos

Element	Register trademark	Register the copyright owner
Object	Industrial property: Trademarks, inventions, designs, etc.	Copyright, specifically: Works of applied art
Purpose	To distinguish your goods or services of the same type from other products	To prove your ownership of the work, not to distinguish goods or services
Mechanism for establishing rights	Must register and be granted a certificate by the National Office of Intellectual Property	Protected as soon as the work is created, registration is not necessary. If registered, it will be easy to prove ownership to third parties or when a dispute arises. The burden of proof will be on the non-registering or later-registered party.
Appraisal mechanism	Strict because it must be compared with previously submitted applications	Fast because it is based on the commitment and assurance of the owner and author
Scope of protection	Registering a trademark will protect both semantics, presentation, and color… This is a very strong protection measure because if someone else uses a similar logo, it will be considered a violation of intellectual property rights. However, trademarks are only protected within the scope of registered products and services. If someone else uses that logo for another product or service, it will not be considered a violation.	Registered copyright owners will protect the author’s creative works. However, the level of copyright protection is weaker than trademark protection because only when someone uses an identical or maximally similar logo, that person will be infringing copyright.
Time for appraisal and return of results	According to the law, the time for appraisal and return of results is 12 months, but in reality, this time can last up to 24 months.	According to the law, the time for appraisal and return of results is 45 days but in reality, this time can last 2 months.
Term of protection	The term of protection is 10 years and can be renewed multiple times, each time for 10 years	Moral rights are protected indefinitely; Property rights are protected for 75 years for works published for the first time
Management agency	Department of Intellectual Property – Ministry of Science and Industry	Copyright Office – Ministry of Culture, Sports and Tourism

Meanwhile, in essence, copyright protection aims to protect the creativity of the human mind (spiritual value), while trademark protection aims to protect the health of the business, so in terms of nature, trademark protection will be broader and have stronger binding and recognition.

3. Advantages and disadvantages of trademark protection and copyright protection for logos

About advantages:

Considered the strictest logo protection mechanism today, trademarks have the widest scope of protection when protecting both the text and image content of the mark, avoiding logo copying that confuses. A trademark protection certificate is also a document certifying that a business and product are registered for protection with the State, also creating trust and reputation for consumers; This is also the basis for handling other intellectual property violations such as trade names, domain names, and websites. If a business needs to provide branded products to the domestic and international markets, an exclusive trademark protection document is a mandatory condition to deploy the barcode system.

For registration of the copyright owner of the logo, the nature of copyright to the work arises from the creation of the work, so the registration of protection will be based on the willingness and honesty of the author. The owner or the owner should make the process of issuing a Certificate easier. Besides, compared to trademark protection, copyright protection has a faster time to issue Certificates and does not have to go through a rigorous appraisal process. The protection period is long. For logo works, the protection period is 75 years from the time the work is first published and at the end of the above period, the work belongs to the public, organizations, and individuals with rights responsibility, and obligation to respect the author’s rights.

About disadvantages:

For logo trademark protection, because of the strict protection mechanism, to be granted a Trademark Registration Certificate, it is necessary to go through a complicated appraisal process. The National Office of Intellectual Property evaluates the form of the registration application, publishes the registration application in the Industrial Property Official Gazette, and then appraises the trademark content before deciding to refuse to grant a Protection Title or decision to issue a Certificate. Furthermore, the processing time can be up to 2-3 years due to the rigorous inspection process, the number of registration applications is increasing, and the trademark protection period is also relatively short (10 years) since the date of application submission and the 10 years that can be extended are also some disadvantages of this protection.

Regarding copyright protection for logos, there is currently no system to manage and look up duplicates of logos, especially in cases where the logo has not been published, so the registration is to recognize the copyright of the logo. author, owner. In addition, if a third party proves that the copyright owner’s registered logo is copied, the result can be canceled and if a dispute occurs, it must go through court procedures. When registering the copyright owner of a logo, that logo will be recorded from the perspective of an applied work of art, not subject to exclusive protection, so if a third party uses duplicate content. but with a different layout and color scheme, it can be considered a different work.

In summary, the above two protection methods are both very important and necessary for authors and owners, and are useful tools when disputes arise. However, each protection method has its advantages and disadvantages, requiring each individual who owns intellectual property to be equipped with certain knowledge to be able to choose a form of protection. Fit.

Above is the article: “Comparing trademark protection and copyright owner protection for Logos”. Hope this article will help you.

Works, performances, phonograms, video recordings, and broadcasts for which the State is the representative in the management of copyright and related rights

Written by Editor VCD on 22 December, 2023. Posted in Copyright Registration.

Normally, works, performances, audio recordings, video recordings… all have an author or copyright owner who is an identified individual or organization. However, there are still exceptions where it is impossible to determine who the author, copyright owner of a work, performance, recording, etc. is, in which case the State will represent and manage its copyright and related rights.

According to the provisions of Clause 2, Article 42 of the Intellectual Property Law, the State represents the management of copyright and related rights in the following cases:

1. Unable to find or determine the owner of copyright or related rights

Works, performances, audio recordings, video recordings, broadcasts for which the copyright owner, related rights owner, or co-owner of copyright cannot be found or cannot be identified. co-owner of related rights, the State will represent and manage copyright and related rights.

These are works, performances, audio recordings, video recordings, and broadcasts that have been published but have no information about the author, performer, copyright owner, or related rights owner. have information about the author, performer, copyright owner, or related rights owner who is a Vietnamese organization or individual but cannot be found or contacted;

2. Anonymous works

Based on the provisions of Clause 2, Article 3 of Decree 17/2023/ND-CP, anonymous works can be understood as works that do not or do not have the author’s name (birth name or pen name) on the author’s name product upon publication. An example of an anonymous work can be mentioned as the folk literature work “Tam Cam”, a story with ancient origins that was developed in a class-based society with the emergence of bourgeois private ownership and the regime of the socialist patriarchal family in ancient times. However, the author of the story Tam Cam is still a mystery.

Until the identity of the author, co-author, copyright owner, and joint copyright owner is determined, the administrator of copyright and related rights will be the State, except in the case of:

Organizations and individuals that are managing or receiving transfer of rights to anonymous works shall enjoy the owner’s rights until the identity of the author and co-author is determined.

Once the identity of the author and co-author is determined, the owner of the copyright for this work, the rights and obligations related to the copyright of the organization or individual managing or receiving the transfer will be determined. determined according to the provisions of the Intellectual Property Law and other relevant laws.

Therefore, there are two cases of works, performances, audio recordings, and video recordings… in which the State is the management representative of copyright and related rights prescribed in law. That is anonymous works and works whose owners cannot be found or whose owners cannot be identified.

In cases where organizations and individuals need to use works, performances, audio recordings, video recordings, or broadcast programs where the State is the representative managing copyright and related rights, they must pay a Dossier directly or via postal service to the specialized state management agency on copyright and related rights of the Ministry of Culture, Sports and Tourism after trying to find the right holder but being unable to do so found or unable to contact.

Above is the article “Works, performances, phonograms, video recordings, and broadcasts for which the State is the representative in the management of copyright and related rights”. We hope this article is useful to you.

What is the right to perform a work in public?

Written by Editor VCD on 21 December, 2023. Posted in Copyright Registration.

When it comes to performance, people are familiar with and immediately think of performing arts such as theater, dance, or a singer performing a song on stage. However, from the perspective of Intellectual Property Law, “performing works in public” is not understood in the usual way as above and is not limited to those types of art, but is understood differently. Therefore, specifically, according to the provisions of Vietnam’s Intellectual Property law, how are performances and the right to perform works in public understood?

1. What is the right to perform a work and who belongs to it?

According to Point B, Clause 1, Article 20 of the Intellectual Property Law, performance rights are understood as the right to “Perform works to the public directly or indirectly through audio or video recordings or any other technical means in a location that is accessible to the public but where the public cannot freely choose the time and parts of the work.”

From there, it can be seen that the scope of the right to perform works in public is regulated quite widely, including both face-to-face and online forms and is not limited to only types of performing arts. Usually like plays, musicals, dances, performing songs on stage, etc.

The right to perform a work is one of the rights of the author; the copyright owner has the exclusive right to perform or allow others to perform. Point b, Clause 1, Article 20 of the Intellectual Property Law recognizes the right to perform works in public as one of the property rights of the author and copyright owner.

Therefore, if an organization or individual wants to perform a work, they must obtain permission from the copyright owner and pay royalties and other material benefits (if any) to the copyright owner fake.

2. Content of the right to perform works in public for each type of work

Decree 17/2023/ND-CP has clarified the content of performance rights for each specific type of work as follows:

For works expressed in language, works expressed in written form: This is the right of the copyright owner to exclusively perform or allow others to perform presentations and presentations for the public to access. can approach and feel the work by hearing, but the public cannot freely choose the time and each part of the work, including feeling from outside the space where the presentation or display is taking place monitor, speaker, or similar technical device.

For musical works: The right of the copyright owner to exclusively perform or allow others to perform performances so that the public can access and perceive the work by hearing or presenting the work on stage for the public, but the public cannot freely choose the time and parts of the work, including viewing from outside the space where the performance is taking place through screens, speakers, or digital equipment. similar technique.

For cinematographic works: It is the right of the copyright owner to exclusively perform or allow others to perform screenings so that the public can access and feel the cinematographic work through technical means of art, but the public cannot freely choose the time and each part of the work.

For fine artworks and photographic works: The right of the copyright owner to exclusively perform or authorize others to exhibit, or display for the public to view the original or copy of the work.

Above is the article “What is the right to perform a work in public?”. We hope this article is useful to you.

Copyright protection for works of fine art

Written by Editor VCD on 20 December, 2023. Posted in Copyright Registration, Fine art work and applied art work.

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, Copyright protection for works of fine art

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

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:

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.