Author: Editor VCD

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.

When requesting an intermediary service provider to remove or prevent access to information, what documents and evidence should the copyright and related rights holders prepare?

Written by Editor VCD on 19 December, 2023. Posted in Copyright Registration.

In cases of copyright or related rights infringement on the Internet, copyright and related rights owners have the right to request intermediary service providers to remove or block access to information that is infringing on copyright and related rights. However, according to the law, when making a request, the owner of copyright and related rights must also provide documents and evidence proving ownership of rights to the enterprise providing intermediate services time. Therefore, what documents and evidence do rights owners need to prepare specifically?

According to Article 114 of Decree 17/2023/ND-CP, when a copyright or related rights holder submits a request to remove or prevent access to digital information content that infringes copyright or related rights, It will be necessary to attach documents and evidence proving that the subject has rights to the property that is infringed upon by copyright or related rights. The documents and evidence that need to be prepared are specified in Clause 4 of Decree 17/2023/ND-CP, specifically as follows:

1. Information of the requesting party or requested party: Name; current address; E-mail address; contact phone number; ID card number, citizen identification card or passport for individuals; business registration number, establishment decision or establishment license for organizations;

2. Evidence proving the right holder, in which the copyright and related rights holder must commit to taking responsibility for the legality of the dossier;

For registered copyrights and related rights:
- A copy of the Copyright Registration Certificate and Related Rights Registration Certificate, enclosed with the original for comparison, unless the copy has been authenticated according to regulations;
- An extract from the National Register of Copyright and related rights or copyright certification issued by a competent state agency.

For unregistered copyright and related rights:
- Original or copy of a work, fixation of a performance, audio recording, video recording, broadcast program, satellite signal carrying an encrypted program with the name of the right holder listed as prescribed in Article 198a of the Intellectual Property Law[1] and Article 59 of Decree 17/2023/ND-CP[2];
- Other documents proving the creation, publication, performance, distribution, broadcast, and communication of the above objects and accompanying documents and evidence (if any);

3. Digitally signed document of the requesting party or the requested party committing to bear all legal responsibility for their request to remove, prevent, or object, including responsibility to compensate for all damages to the parties involved. related parties if any damage occurs;

4. Evidence proving infringement of copyright and related rights and damage caused:

Original or legal copy of works, performances, audio recordings, video recordings, broadcast programs (subjects protected by copyright and related rights);

Relevant documents, artifacts, photos, audio and video recordings of the subject under consideration;

Explanation and comparison between the subject under consideration and the subject protected by copyright and related rights;

Minutes, testimonies, certificates, and other documents to prove infringement.

Documents and artifacts mentioned above must be made into a list, with the signature of the person requesting handling of infringement.

5. The requesting party must provide information about the location and link leading to digital information content that infringes copyright and related rights, and a description of the infringing content. The requested party must provide information about the location and link to the digital information content that is being temporarily removed or blocked;

6. Authorization document as prescribed by law in case the requesting party or the requested party is the authorized party.

Above is the content of the article “When requesting an intermediary service provider to remove or prevent access to information, what documents and evidence should the copyright and related rights holders prepare?”. I hope this article is useful to you.

What are intermediary service providers?

Written by Editor VCD on 18 December, 2023. Posted in Copyright Registration.

According to Clause 1, Article 198b of the Intellectual Property Law, an intermediary service provider is an enterprise that provides technical means for organizations and individuals to use the service to upload digital information content to the telecommunications network environment and the Internet; Providing online connections for the public to access and use digital information content on telecommunications networks and the Internet. More specifically, what kind of businesses are businesses providing intermediary services?

Article 110 of Decree 17/2023/ND-CP stipulates the contents of intermediary service providers, specifically as follows:

Enterprises providing intermediary services specified in Article 198b of the Intellectual Property Law are domestic and foreign enterprises that provide one, some, or all of the following services:

“Transmission only” service is a transmission service on telecommunications networks and the Internet of digital information content provided by service users or a service that provides access to telecommunications networks and the Internet;

“Buffer storage” service is a transmission service on telecommunications networks and the Internet of digital information content provided by service users that automatically stores, transfers, and temporarily stores information content that number. This automatic transit and temporary storage operation is carried out with the sole purpose of making the forwarding of such digital information content more efficient to other service users upon their request;

The service “storing digital information content on request” is a service for users to store digital information content provided by users according to their requests.

In addition, Article 110 of Decree 17/2023/ND-CP also lists several types of enterprises providing intermediary services, including:

Telecommunications businesses providing Internet access services and Internet connection services;

Telecommunications businesses provide leased line services in cases where the leased line is not used to provide the following services:
- Renting server space, leasing private servers in cases where the server is not used to provide rental services to store digital information content as required, and
- Rent space to store digital information content as required;

Enterprises renting out server space, renting out servers for private use in cases where the server is not used to provide space rental services to store digital information content as required;

Enterprises rent space to store digital information content on request;

Businesses providing online social networking services;

Enterprises providing digital information content search services;

Other enterprises providing one, several, or all of the services with similar functions specified in Clause 1, Article 198b of the Intellectual Property Law and the services of “transmission only”, “buffer storage” and “caching” services store digital information content as required” above.

Above is the content of the article “What are intermediary service providers?”. We hope this article is useful to you.

Compare the process of “removing copyright sticks” in cyberspace in Vietnam and the US

Written by Editor VCD on 15 December, 2023. Posted in Copyright Registration.

“Removing copyright sticks” is a familiar term when referring to the act of protecting the copyright of the author or owner on a certain Internet platform. Many countries around the world have issued this mechanism, also known as the Notice and Takedown Process associated with natural copyright laws. The US’s Digital Millennium 1998 (The US Process). Decree 17/2023/ND–CP detailing several articles and measures to implement the Intellectual Property Law on copyright and related rights promulgates the notification and removal process for the first time, including “Process 72 hours and 10 working days” and “24-hour process” (Vietnam process). If we compare it to The US Process, what are the similarities and differences in the Vietnamese Process that will be shown in the article below?

1. Process of “removing copyright sticks” and “removing copyright sticks” of Vietnam and America

The popular digital content notification and removal mechanism in the world today operates under The US Digital Millennium Copyright Act (“DMCA”) and this mechanism is also known as the “DMCA notice and takedown process”. In general, this mechanism is quite simple and includes 3 steps:

Step 1: Submit a request (complaint) along with the link containing copyright-infringing content submitted by the subject to the designated representative of the online service provider (“OSP” or “ISP”) to receive a claim for copyright infringement.

Step 2: The online service provider is obliged to remove or disable the link that infringes on copyright quickly, and at the same time notify the digital content owner or user of the removal. remove or disable access. Here, the link owner can exercise the right to appeal (object) with a request to restore the removed or disabled digital content.

Step 3: Users will have digital content that has been removed or disabled access restored by the online service provider within 10-14 working days from the time of appeal unless notified by the owner of the online service provider who brought the case to court.

The steps to carry out the Vietnam Process will be similar to The US Process. However, unlike The US Process, the Vietnamese Process does not follow step by step but is a dual process, and is divided into two processes including a “72-hour process and 10 working days” at the request of the right holder or ownership of works and “24-hour working process” as required by enforcement agencies under Decree 17/2023/ND-CP.

72 hours and 10 working day process: Online service providers will rely on supporting documents (including evidence of rights holder status, infringement, location, and link to the content) number suspected of infringement) sent by the rights holder, within 72 hours, the online service provider will temporarily remove or block access to the digital content suspected of infringement and at the same time notify the subject. rights and the party that owns the digital content. Within 10 working days from the date of temporary removal or blocking as mentioned above, if the online service provider does not receive a notice objecting to the temporary removal or blocking accompanied by documentary evidence to prove that such objection will remove or prevent access to that digital content. In case of receiving an objection from the party requested to be removed, within 72 hours, the online service provider will restore the removed or blocked digital information and forward the party’s written objection with evidence. required for the rights holder.

24-hour process: No later than 24 hours from receipt of a request from an enforcement agency, the online service provider must remove or prevent access to digital information content that infringes copyright, and related rights, and must also notify the party whose digital content is removed, and must report the implementation results to the requesting enforcement agency within no more than 24 hours. In case of objection by the party whose digital information content is removed or blocked or by the online service provider, one of these entities has the right to make a complaint, denounce, or initiate a lawsuit according to the law to the decisions of enforcement agencies.

2. Legal issues

2.1. Verify the copyright owner of audio and video recordings

One of the best practical examples of the American Process is on the online platform YouTube. Currently, to protect the rights and interests of the author or owner of the work, in addition to copyright protection tools such as Content ID or Copyright Match Tool, YouTube also provides another measure: Submit a complaint request to YouTube to “remove copyright”. The step-by-step process is similar to The US Process.

However, practice shows that the DMCA process has been revealing its loopholes and laxity when it seems that YouTube or other online service providers do not carefully verify the legal status of the complainant to remove infringing content, especially when the complainant may intentionally falsely claim to be the author or owner of audio or video recordings on that platform. Agreed, YouTube also tries very hard to limit this false declaration by sending the complainant an email confirming the removal as well as requesting information and rights to the work, but that seems not enough. As a result, there are still cases where many audio and video recordings on YouTube are unfairly “copyrighted” or even the author or owner of that work is suspended from the channel containing his or her work or recording.

One of the noises related to this YouTube process is when musician Giang Son and many other artists expressed frustration when the song they composed was copyrighted by a media unit, BH Media claimed ownership of the video on YouTube. Next, VTV said that the National Funeral video of General Vo Nguyen Giap broadcast on the VTV1 channel or the National Anthem was also owned by BH Media on YouTube.

2.2. Time limit for “removing copyright sticks”

The US Process or YouTube Removal Process does not explain what “expeditiously remove” or “request immediate deletion” means. This can have a negative impact when online service providers can extend their responsibility to remove infringing content while still being able to enjoy the “safe harbor” mechanism, which is a mechanism related to the removal of infringing content relating to the responsibility or exemption of online service providers for copyright infringements committed by users. On the other hand, rights holders can abuse the “copyright stick” mechanism to hold back users’ efforts to restore removed content for as long as possible.

Therefore, it can be said that Vietnam’s “72 hours and 10 working days process” has overcome the limitations of the DMCA process in that it requires stricter requirements on the obligation to prove rights holder status in addition to proving rights holders. Proving copyright infringement can thereby help prevent abuse of “copyright beating” by rights holders. Furthermore, the Vietnam Process imposes an obligation on online service providers within 72 hours to remove or restore infringing digital content instead of the vague “quick removal” provision of the Process. It is meaningful for the United States to establish a more balanced mechanism in resolving the complex three-way relationship involving online service providers, users, and rights holders, which can, for example, minimize the possibility of service providers’ Online cases of abuse delay or favor rights holders.

3. Conclusion

Besides being able to choose a “72-hour process & 10 working days” or “24-hour process” according to Decree 17/2023/ND-CP to protect copyright on the Internet, authors and copyright owners Authors and related rights with Vietnamese nationality can also use the Notice and Takedown Procedures under the DMCA regardless of the DMCA is a US copyright law. Because the Internet has no borders, copyright infringements can occur simultaneously on a global scale, resulting in courts in many different countries having jurisdiction to handle infringements at the same time violations are sued by rights holders.

In other words, rights holders residing in Vietnam can sue online service providers in Vietnamese courts or even in US courts because each cross-border platform complies with the DMCA as such Facebook, YouTube, TikTok, NetFlix, Instagram, LinkedIn, App Store, and Google Play all currently have hundreds of millions to billions of users around the world, including tens of millions of users in Vietnam alone.

Above is the article: “Compare the process of “removing copyright sticks” in cyberspace in Vietnam and the US”. Hope this article will help you.

The process of removing or preventing access to information of an intermediary service provider at the request of another party

Written by Editor VCD on 14 December, 2023. Posted in Copyright Registration.

According to Vietnam’s Intellectual Property Law, businesses providing intermediary services are required by law to prevent access or remove digital information that infringes copyright and related rights. Therefore, how is the process of removing and preventing access to information regulated by law, and how does it take place?

1. Process to remove or prevent access to the digital information content of enterprises providing intermediary services when receiving requests from competent state agencies

According to Article 113 of Decree 17/2023/ND-CP, intermediary service providers must remove or prevent access to digital information content that infringes copyright and related rights with the following step as follows:

Must be handled within 24 hours of receiving a written request from an agency competent to handle acts of copyright and related rights infringement, including Courts, Inspectors, Market Management, Customs, Police, People’s Committees at all levels, or the Copyright Office;

Responsible for notifying the party whose digital information content is removed or access is prevented; and

Implementation results must be reported to the agency that sent the request no later than 24 hours after processing the request.

Notification and reporting specified in this Clause are carried out in the form of sending documents, sending emails, or other similar forms.

2. Procedures for removing or preventing access to digital information content of intermediary service providers when receiving requests from copyright or related rights holders

According to Article 114 of Decree 17/2023/ND-CP, the handling process when the digital information content is requested to be removed or blocked is a process that revolves around three parties, including businesses providing “storage services for digital information content upon request”, the copyright or related rights holder requests to remove or prevent access to the information (hereinafter referred to as the “requesting party”), and the party with the digital information content requested to be removed or blocked (hereinafter referred to as the “requested party”).

When an intermediary enterprise receives a request from the copyright or related rights holder (hereinafter referred to as the “requesting party”) with documents and evidence to prove it through the tool to receive the request to remove or prevent access to digital information content that violates the copyright and related rights of that enterprise, the intermediary enterprise must perform the following tasks:

Step 1: Within 72 hours of receiving the request, the enterprise providing the intermediary service temporarily removes or blocks access to the digital information content requested to be removed or blocked and must notify. to the requesting party and the party whose digital information content is requested to be removed or blocked (hereinafter referred to as the “requested party”) for temporarily removing or preventing access to the digital information content It is accompanied by documents and evidence provided by the requesting party.

Step 2: Within 10 working days from the date of temporary removal or blocking of access to digital information content notify the requesting party, the requested party, and the enterprise providing intermediary services:

Case 1: Must remove or prevent access to that digital information content if no notice requesting opposition to the temporary removal or blocking of access to the digital information content attached to the document is received. , supporting evidence provided by the requested party;

Case 2: If you receive a notice requesting to object to the temporary removal or blocking of access to digital information content accompanied by documents and evidence provided by the requested party, within 72 hours, the enterprise providing intermediary services restores digital information content that has been removed or blocked, and at the same time forwards to the requesting party a written protest request with documents and evidence proving that it has been submitted by the requesting party to provide.

Step 3: When case 2 above occurs, after forwarding documents and evidence to the requesting party, the requesting party or the requested party does not initiate a civil lawsuit or request a state agency to take action authority to handle acts of infringement or the Court or competent state agency does not decide to accept the application according to the provisions of law, the enterprise providing intermediary services will maintain and restore the digital information content that has been deleted removed or prevented. In case the Court or competent state agency decides to accept the application of the requesting party or the requested party, the enterprise providing intermediary services shall comply with the decision of the Court or competent state agency. rights according to the provisions of law.

In addition, for digital information content that is broadcast live in real-time, in cases where copyright and related rights holders proactively provide documents and evidence to the central service provider. At least 24 hours before the live broadcast to prevent and prevent acts of infringement of copyright and related rights on the telecommunications network and Internet environment, intermediary service providers shall do the following:

Immediately temporarily remove or prevent access to digital information content upon receiving a request to remove or prevent access to digital information content that is requested to be removed or prevented and must notify the requesting party and the requested party have temporarily removed or prevented access to that digital information content, accompanied by documents and evidence provided by the requesting party;

Continue to comply with the legal provisions stated in Step 2 and Step 3 above.

While removing and blocking digital information according to the above process, notification, sending, and forwarding of evidence and proof documents of the intermediary service provider, the requesting party, and the receiving party must be carried out. The request is made by email or other similar form.

Above is the article “The process of removing or preventing access to information of an intermediary service provider at the request of another party“. Hope this article is useful to readers.