Copyright for anonymous works is a special case in the field of copyright, protecting works whose author cannot be identified upon publication. The protection afforded to these works has been addressed in the copyright jurisprudence throughout its various stages. One of the first questions arises is Who owns the copyright of anonymous works
1. What is an anonymous work?
The recognition of copyright for anonymous works begins with the introduction of a concept, based on which the copyright holder and the characteristics of the protection of this type of work are determined. In general, Vietnamese law has considered anonymous works to be an indispensable part of the general regulations on copyright. The following periods all repeat the regulations of the previous period and record some small changes, creating a difference but not much.
Currently, based on the provisions of Clause 2, Article 3 of Decree 17/2023/ND-CP detailing several articles and measures to enforce intellectual property law on copyright and related rights, it is noted:
“An anonymous work is a work that does not or does not have the author’s name (birth name or pen name) on the work when published.”
This can be considered the official concept of current law on anonymous works.
2. Who will own the anonymous work?
According to the provisions of Article 42 of the Intellectual Property Law, the copyright owner is the State for works:
Anonymous works, unless an individual or organization is already managing that work;
The work is still under protection but the copyright owner does not exist (the copyright owner dies without an heir, the heir refuses to receive the inheritance or is not entitled to the inheritance);
The work is transferred ownership by the State from the copyright owner.
Therefore, the State will become the copyright owner of an anonymous work if no individual or organization is managing that work.
However, when the protection period for anonymous works ends according to the provisions of Article 27 of the Intellectual Property Law, the copyright for the above anonymous works will belong to the public according to Article 43 of the Intellectual Property Law intellectual property.
“1. Works that have ended their term of protection as prescribed in Article 27 of this Law belong to the public.”
Meanwhile, the copyright owner of an anonymous work is the State until the anonymous work expires. After the term of protection expires, the copyright of the anonymous work will belong to the public according to the provisions of the law.
Above is the article “Who owns the copyright of anonymous works?”. We hope this article is useful to you.
YouTube is one of the most prominent social platforms today with a huge number of users. On average, more than 500 hours of content are uploaded to the video-sharing platform every minute. This equates to 30,000 hours of content uploaded/hour, and 720,000 hours of content/day. With such a huge amount of uploaded videos, the issue of copyright protection from being infringed is of great concern to authors and owners when using this platform, so can YouTube videos register for protection? Are YouTube videos protected by copyright?
1. What is a YouTube video?
YouTube videos are videos posted on YouTube – a platform specializing in online video sharing. This is the most popular and popular form of content creation today because of the outstanding and convenient features that YouTube brings.
Videos with a variety of topics from movies, music, sharing information, knowledge, etc. are regularly censored by YouTube headquarters located in different countries. Currently, YouTube has developed and is present in almost every country with more than 50 different languages, including Vietnamese.
The author and production crew carefully and seriously invest in every video posted on YouTube. The video is the crystallization of a creative process and is the brainchild of the author. Therefore, authors and owners are very concerned about copyright issues for the videos they post.
2. Can YouTube videos be copyrighted?
Depending on the content of the video, you will be able to register for appropriate copyright and related rights protection. Video copyright owners can use a system called Content ID to easily register YouTube copyrights, identify and manage their content on YouTube, or protect it by registering copyrights, copyrights, and copyrights they are related to the work.
2.1. Register copyright for videos on Youtube
Firstly, if the person signing the application is the author (the person who created the script, sound, graphics, etc. of the video), he or she can register a copyright for the video on YouTube as copyright. the copyright owner is also the author of the cinematographic work;
According to Clause 1, Article 21 of the Intellectual Property Law, it is stipulated that “People who work as directors, screenwriters, cinematographers, film editors, music composers, art designers, sound designers, lighting designers, studio artists, and studio designers.” Designing props, effects and other creative work for cinematographic works shall enjoy the rights specified in Clauses 1, 2, and 4, Article 19 of this Law, and other rights as agreed upon.
Secondly, a subscriber can register a copyright for a YouTube video as the copyright owner who is not also the author of the cinematographic work in the following cases:
The registrant assigns or signs a contract with the author;
The registrant is the heir to the copyright;
The registrant is the person to whom copyright is transferred.
2.2. Register relevant rights for videos on Youtube
Related rights as prescribed in Clause 3, Article 4 of the Intellectual Property Law are defined as the rights of organizations and individuals to performances, audio recordings, video recordings, and broadcast programs…
Regulations in Clause 2, Article 44 of the Intellectual Property Law stipulate that “Organizations and individuals that use their time, financial investments and physical and technical facilities to produce audio and video recordings are the owners of the property.” with that audio or video recording unless otherwise agreed with the relevant party.”
Therefore, if the registrant invests his or her time, finances, and physical and technical facilities to produce audio and video recordings on YouTube, he or she will have the right to register copyright as the owner of related rights to that audio or video recording.
Above is the article “Are YouTube videos protected by copyright?”. We hope this article is useful to you.
Musical works are one of the objects of copyright protection. Registering copyright protection for musical works is one of the necessary actions to avoid infringements on authors and works. Online copyright registration is one of the administrative procedures the Government advocated for conversion many years ago. However, in the past few years, as the service industry and online commerce… have increasingly developed, online copyright registration has been implemented through the online portal of the Ministry of Culture, Sports, and Tourism. Therefore, how to register a copyright online for a musical work? Please follow “Register song copyright online” VCD’s article below.
1. Why should you register the copyright for musical works?
It can be said that in the past few years, Vietnamese music products have encountered many suspicions of plagiarism, using other subjects’ works without permission, and it can be said that musical works are one of the subjects of copyright infringement. Therefore, registering copyright for musical works is a way to protect the intellectual property rights of those who compose, produce, or own music copyright. Once copyrighted, the owner will have control over their music’s copying, distribution, use, or sale. Detail:
Registering copyright protection is a way to protect the intellectual property rights of the person who composes, produces, or owns the music copyright, avoiding unauthorized copying, distribution, or use.
Copyright registration will help the owner have legal evidence to prevent copying and copyright infringement. If anyone violates copyright, the owner can take legal action to protect his or her intellectual property rights.
By registering a copyright, the owner will have control over the release and use of their music, thereby earning royalties from copies, commercial use, and also broadcasting rights.
Copyright registration also helps increase the brand value of musicians, singers, bands, or music companies. This can attract more audiences and businesses, increase revenue, and improve their market position.
2. What is online copyright registration?
Registering a copyright online is an activity to mark your ownership of a work. Registering copyright protection will mean declaring legal ownership of the work. According to the provisions of the current Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of content, quality, form, media, language, published or unpublished, registered or unregistered copyright online or in person.
Clause 1, Article 3 of the Intellectual Property Law (amended and supplemented) stipulates: “Copyright subjects include literary, artistic, and scientific works; objects of rights related to copyright include performances, sound recordings, video recordings, broadcast programs, and satellite signals carrying encrypted programs”. Online copyrighted works are often presented in the form of songs, poems, stories, computer programs, works of art: logos, paintings, photos; videos; movies…
3. The procedures for registering copyright for online musical works
3.1. Prepared documents
Registering copyright for online musical works is a step in the copyright registration procedure. Therefore, documents submitted online must be fully prepared and match the paper documents when sent to the Copyright Office. A set of documents will include a declaration, a photocopy of the ID card (or passport, Citizen identification card, Business registration, and establishment decision) of the author or rights owner, a decision on a job assignment, or confirmation of job assignment if the author is assigned to do the work, power of attorney if authorizing another person to make the application… Registration documents must be prepared in Vietnamese. In case it is in a foreign language, it must be translated into Vietnamese and notarized or authenticated.
Note: musical works can be created by one author or many authors. In many cases, the author is just the person hired to create the work (not at the same time the copyright owner). Therefore, for each copyright registration application, it is necessary to prepare all documents and fill in all information, otherwise the Copyright Office may reject the application.
3.2. The procedures for registering copyright for online musical works
Copyright registration for online musical works is currently implemented on the online public service portal of the Ministry of Culture, Sports, and Tourism. The agency that receives and processes dossiers and issues copyright registration certificates is the Copyright Office. This procedure is an online public service at level 3.
Step 1: Access the link https://dichvucong.bvhttdl.gov.vn/. Select the agency as “Copyright Department”, and the screen will display many administrative procedures related to copyright. If you apply for copyright registration, select “Issuance of copyright registration certificate” and select “Apply”. In case you already have an account on this Portal, enter the account and proceed to declare profile information; If you don’t have an account, click register to create a new account.
Step 2: The system will move to the initial home page interface, select “Copyright Department” select the procedure “Granting copyright registration certificate”, select “Submit application” and enter the registration account access into the system. Need to fill in registration information such as:
Choose the name of the profile holder: individual or company;
Fill in paperwork showing information such as ID card/Passport/CD (for individuals) or Business Registration Certificate (if a company);
Contact information such as Address, phone number, email.
Step 3: Select the “enter registration content” button and fill in registration information including:
Name of musical work
The writer’s name
Copyright owner
Step 4: Select “Attach registration documents”. Depending on the type of application, the corresponding attached documents as above are required. If you want to attach other documents, select the “add documents” button.
Step 5: After attaching the documents, press “Choose application form and return results”. If you want to receive results at the Copyright Office, select “Return to the receiving department and return results”. If you want to receive it by mail, select “Receive by post” and fill in the specific address.
Step 6: Select “Apply” and complete the registration.
Note: After declaring information online, you still need to submit the original documents to the Copyright Office.
Above is the article: “Register song copyright online”. Hope this article will help you.
Computer programs are one of the types of works protected by copyright, so when does copyright arise for computer programs? Please read VCD’s article “Time of arising of copyright for computer programs” below for more information.
1. Copyright for computer programs
Regarding the definition of computer programs, Clause 1, Article 22 of the Intellectual Property Law stipulates:
“A computer program is a set of instructions expressed in the form of commands, codes, diagrams or other forms that, when attached to a means or device operated by a computer programming language, are capable of doing for a computer or device to do a job or achieve a specific result. Computer programs are protected as literary works, whether expressed in source code or machine code.”
Computer programs are a type of work protected by copyright, recorded at Point g, Clause 1, Article 14 of the Intellectual Property Law. In Vietnam, computer programs are protected as literary works but not as industrial property rights. Specifically, Clause 2, Article 59 of the Intellectual Property Law recognizes that computer programs are one of the objects that are not protected as inventions.
Copyright for computer programs is specifically regulated in Article 12 of Decree 17/2023/ND-CP as follows:
The author is also the copyright owner and enjoys moral rights and property rights prescribed by the Intellectual Property Law
.
The author is not the copyright owner and enjoys moral rights (except the right to publish the work); Copyright owners enjoy property rights and the right to publish or allow others to publish their works specified in the Intellectual Property Law.
Organizations and individuals have the right to legally use a copy of a computer program with errors corrected on that copy of the computer program in case necessary for use.
The right to lease a computer program is the right of the copyright owner to exclusively perform or allow others to lease for exploitation and use for a limited period.
The right to lease a computer program does not apply in cases where the computer program is not the main object of rental, such as a computer program associated with the normal operation of vehicles or other vehicles. machinery and other technical equipment.
2. Time when copyright arises for computer programs
According to Article 6 of the Intellectual Property Law, the basis for arising and establishing intellectual property rights is prescribed as follows:
“1. Copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished. father, registered or not registered.”
Accordingly, the time for a basis to arise and establish copyright protection for a computer program is from the moment that program is shaped into a certain physical form, regardless of content or quality. , form, means, language, and there is no need to carry out any procedures for publication or registration for protection.
However, to best protect their rights and prevent disputes, authors and copyright owners should register the copyright immediately after completing the work. Because, in reality, proving copyright without registration for protection is very difficult, consuming a lot of time, cost, and effort, while if a dispute arises, the organization or individual has If you are granted a Copyright Registration Certificate, you are not obliged to prove that your copyright belongs to you. The copyright registration certificate is the most important and basic document to prove copyright in a work, therefore authors and copyright owners should carry out registration procedures as soon as possible.
Above is the content of the article “Time of arising of copyright for computer programs“. We hope this article is useful to you.
Currently, one of the most influential social networking platforms is YouTube. It can be said that YouTube is a popular application, helping users access information remotely, helping people connect more quickly and conveniently. This is not only a regular video platform but also a “money-making” playground for singers, artists, and music producers. Therefore, How to register song copyright on Youtube? Please follow VCD’s article below for more details.
What is YouTube and what is YouTube copyright registration?
Since its launch, YouTube has been built as a social networking site that allows users to share and post videos on the platform; viewers can use this platform on many different smart devices such as phones, tablets, and computers… and can interact with those videos by liking or sharing their favorite videos on websites. other social networks.
With the development of time, YouTube is now constantly updated with new features and receives many positive responses from users. For example, Double tap is a feature that allows you to tap twice when streaming from your phone to TV or Live Stream. However, compared to YouTube’s new features, it seems that the feature that made YouTube famous, uploading videos and sharing videos with the community, is still the most popular. Especially the release of musical works by users, specifically singers, and artists…
Registering song copyright on YouTube is essentially registering copyright for videos, audio and video recordings, performances, and broadcasts when these works are posted on YouTube and continue to reach YouTube users. According to the provisions of Clause 1, Article 6 of the current Intellectual Property Law, “copyright arises from the moment a work is created and expressed in a certain physical form, regardless of content or quality,quantity, form, medium, language, published or unpublished, registered or unregistered.” Therefore, copyright registration is not mandatory. However, the benefits it brings make owners unable to do it. This is how video owners establish an official basis for their work.
Currently, there are two ways to protect copyright for musical works (here, songs): copyright registration is done at a competent State agency according to the provisions of Decree 17/ 2023/ND – CP detailing several articles and measures to implement the Intellectual Property Law on copyright, related rights, and registration according to YouTube policies (Content ID registration).
Introduction to Content ID
Content ID is a system that helps video copyright owners easily register YouTube copyrights as well as identify and manage their content on this platform. Currently, YouTube only grants Content IDs to copyright owners who meet the video content criteria. YouTube also has a specific explanation about this as follows: “If the copyright owner is allowed to use Content ID, they will have to sign an agreement. This agreement will state that only content they have exclusive rights can be used for comparison. Additionally, they need to provide information about where they have exclusive ownership rights if they do not have them globally.”
In addition to content ID, YouTube also provides several other tools for owners to manage video copyright such as:
Web form for copyright complaints.
Content Verification Program (CVP).
Copyright Match Tool.
Besides, YouTube also sets clear principles on how to use Content ID. For content owners who repeatedly disclaim ownership, YouTube may stop allowing access to Content ID and terminate the partnership. Therefore, you need to consider and research carefully before submitting the registration form to use the Content ID from YouTube.
Procedure for registering song copyright on YouTube
For Content ID registration, YouTube users will access YouTube Studio with their account.
To register using YouTube’s Content ID format, when filling out all the information in the form, just click “Submit” to request approval. Note: To be approved and approved to register video content through YouTube’s Content ID system, the YouTube channel containing the video to be registered must have at least 10 videos and have a certain number of subscribers. Regarding review time, review procedures will be conducted according to YouTube’s policies
If approved by Youtube, immediately next to the channel name there will be a checkmark with a description line (Verified). At that time, other videos posted that use unauthorized images or sounds will be immediately removed by YouTube.
Above is the article “How to register song copyright on Youtube”. Hope this article will help you.
The development of the current information technology and information technology services market compared to previous years is a remarkable progress. This must be mentioned since after COVID-19, the need for online shopping or remote labor, entertainment, and commerce services has become more popular. Computer programs are intellectual property. Therefore, in what form can computer programs be protected? Please follow VCD’s article below.
1. What is a computer program?
A computer program is a set of instructions for performing tasks by a computer. A computer requires programs to operate and typically executes program instructions in the central processing unit. When users run programs, the files are read by the computer and the processor reads the data in the files as a list of instructions. Then the computer does what the program tells it to do. A computer program is written in a programming language, such as BASIC, C, or Java. Once a computer program is written, programmers use a compiler to turn that computer program into a language the computer can understand.
The Trips Agreement – Agreement on Trade-Related Aspects of Intellectual Property Rights clearly states in Clause 1, Article 10 the form of protection for computer programs as follows: “Computer programs, whether in the form of source code or machine code, must be protected as literary works under the Berne Convention (1971)”.
Based on the above spirit, Clause 1, Article 22 of the Intellectual Property Law regulates computer programs as follows: “A computer program is a set of instructions expressed in the form of commands, codes, diagrams or other forms. , when attached to a vehicle or device operated by a computer programming language, can cause the computer or device to perform work or achieve a specific result. Computer programs are protected as literary works, whether expressed in source code or machine code.”
2. Forms of copyright protection for computer programs
2.1. Copyright protection for computer programs
According to Article 14 of the Intellectual Property Law, computer programs are protected by copyright. Copyright protection for computer programs protects the form of expression (interface, context) and code, not the idea of the computer program. Protecting computer programs is similar to protecting literary works will have a solid legal basis to handle copying by other units.
In addition, because copyright laws do not protect computer program ideas, authors and copyright owners cannot prevent users of computer programs or other organizations and individuals from using them. Conduct reverse analysis of computer programs to decode and find the operating principles and structure of computer programs for development purposes. The person who successfully conducts reverse analysis will be the owner of the new computer program. This contributes to promoting the development of the software industry, which has great socio-economic significance.
According to the provisions of Article 27 of the Intellectual Property Law, the author’s moral rights are protected indefinitely and the copyright owner’s property rights to computer programs are protected throughout the author’s life The next 50 years were the year the author died.
2.2. Patent protection for computer programs
According to the United States Copyright Code, copyright protection is provided for computer programs, but a computer program can be granted a patent if the software is associated with a structure. physical architecture.
According to Clause 2, Article 59 of the Intellectual Property Law and reference to the specific patent appraisal regulations in Article 5.8.2.5, it states that: “Although computer programs are on the list of objects that are not protected as inventions if the object sought to be protected has technical characteristics and is a technical solution, intended to solve a technical problem by a technical means to create a technical effect, it can be protected as an invention” (Point a Clause 2, Article 102 of the Law on Intellectual Property). Therefore, it can be understood that if a computer program is truly a technical solution, linked to a technical device and described in the form of a process, it can be protected as a patent.
Currently, besides countries that do not protect computer programs as patents (Vietnam, UK, France, EU), several countries do not deny patent protection related to computer programs counted in their laws such as the US, Canada, and Australia. Although the Patent Appraisal Regulations state that there are exceptions where computer programs can be protected as inventions, computer programs are excluded from granting patent protection according to regulations of the Intellectual Property Law. Therefore, copyright is the only and most appropriate form of protection. In India, copyright protection for computer programs is also provided, but the Indian Patent Act also stipulates that a computer program can be patented when it is associated with a physical structure. physical. Similarly in China, the Copyright Law regulates the protection of computer software. Although international law and the laws of some other countries provide for copyright protection for computer programs, the possibility of granting patents for this type still is not ruled out.
3. Comment on two forms of computer program protection
Firstly, copyright protection for computer programs is automatic from the moment the computer program is created without having to register or go through any procedures. On the contrary, registering a computer program patent requires submitting an application, going through the application examination stage (in terms of form and content), and paying an application registration fee as well as a fee to maintain document validity. annual degree. In addition, computer program patent protection must be public and anyone can access this information. In the patent application, the owner must include a description of the invention which “discloses fully the nature of the invention to the extent that a person with an average knowledge of the relevant technical field can rely on it.” application that can realize that invention”. This could potentially be exploited by competitors.
Secondly, the copyright protection period for computer programs is longer than for patent protection (20 years). However, there is also the view that whether copyright protection or patent protection for computer programs, the term of protection is too long for the life cycle of a computer program. For example, Windows software is constantly updated by Microsoft to release new versions and upgrades compared to old versions (Windows 1.0 in 1985, Windows 2.0 in 1987, Windows 3.0 in 1990…).
Above is the article: “In what form are computer programs protected by intellectual property?”. Hope this article will help you.
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 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.
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.
“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.
