Author: Editor VCD

When copyright and related rights are infringed, initiating a civil lawsuit is one of the important legal measures to protect the legitimate rights and interests of the rights holder. However, not every infringement case can be immediately prosecuted; it must meet all the conditions stipulated by civil procedural law and intellectual property law. This article will clarify the conditions for initiating a civil lawsuit regarding copyright and related rights.

Right to initiate civil lawsuits concerning copyright and related rights

Based on Article 56 of Decree 22/2018/ND-CP and inherited and updated in Decree 17/2023/ND-CP detailing the implementation of some articles of the Law on Intellectual Property concerning copyright and related rights (Decree 17/2023), the protection of copyright and related rights is carried out as follows:

The copyright owner and the owner of related rights may directly exercise their rights or authorize a collective copyright and related rights representative organization or another organization or individual to act on their behalf in protecting their rights. The authorized entity is responsible for publicly disclosing information so that organizations and individuals wishing to exploit or use the works, performances, sound recordings, video recordings, and broadcast programs can contact them to negotiate the use.

This content is also recorded in Section II.1 of Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP when regulating the right to initiate civil lawsuits related to copyright and related rights.

Accordingly, the entities entitled to initiate lawsuits include:

• Authors; copyright owners, owners of related rights; legal heirs of the author or of the copyright owner, or owner of related rights; individuals and organizations to whom rights have been transferred from the copyright owner, or owner of related rights; individuals and organizations using the work under contract; performers; producers of sound and video recordings; broadcasting organizations.

• Collective copyright and related rights organizations; other organizations and individuals authorized by the copyright owner or owner of related rights to initiate lawsuits.

• State agencies and relevant organizations, within the scope of their duties and powers, have the right to initiate civil lawsuits to protect public interests or the interests of the State in the field of copyright and related rights.

Conditions for initiating a civil lawsuit regarding copyright and related rights

The conditions for initiating a civil lawsuit regarding copyright and related rights are stipulated in Clause 1, Section IIIA of Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP, specifically as follows:

Condition 1: Copyright and related rights have arisen according to the provisions of law.

Copyright and related rights are established according to the provisions of Clauses 1 and 2, Article 6 of the 2022 Intellectual Property Law.

“1. Copyright arises from the moment the work is created and expressed in a certain physical form, regardless of content, quality, form, medium, language, whether published or unpublished, registered or unregistered.

2. Related rights arise from the moment a performance, sound recording, video recording, or broadcast program is presented.” “Waves and satellite signals carrying encoded programs are formed or performed without infringing on copyright.”

Accordingly, authors, copyright owners, and owners of related rights have the right to apply for a Certificate of Copyright Registration or a Certificate of Related Rights Registration under Article 49 of the 2022 Intellectual Property Law.

However, this registration is not a mandatory condition for legal recognition and protection of copyright and related rights.

In the event of a dispute and a party requests the Court to protect their legitimate rights and interests, the Court is still responsible for considering and resolving the case regardless of whether the plaintiff has been granted a registration certificate or has filed an application.

Condition 2: Copyright and related rights are still within the protection period.

Authors, copyright owners, and owners of related rights may only exercise their moral and property rights within the scope and duration of protection prescribed by law.

The protection period for copyright and related rights is determined according to:

• Articles 27 and 34 of the 2022 Intellectual Property Law;

• Article 26 of Decree 85/2011/ND-CP

When the protection period has expired (except for the moral rights stipulated in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law), the rights of authors, copyright owners, and owners of related rights are no longer protected by law. Therefore, the Court will only accept and resolve cases when these rights are still within the protection period, except for rights for which the law does not specify a protection period.

The above is an article titled “Conditions for Initiating a Civil Lawsuit Regarding Copyright and Related Rights.” Hopefully, this information will help authors, copyright owners, and related organizations and individuals understand the legal basis and necessary conditions before initiating a lawsuit, thereby effectively protecting their legitimate rights and interests in accordance with the law.

Sincerely,

FAQ

Posting excerpts of works on websites and social media is quite common nowadays. However, many people still believe that as long as it’s not for profit, it won’t constitute copyright infringement. So, does posting free excerpts of works violate copyright? Let’s find out in the article below!

What is a work excerpt?

Currently, the law does not provide a separate definition of “work excerpt”. However, it can be understood that an excerpt from a work is the use of a portion of the content of a copyrighted work (literature, art, science, etc.) in any form such as copying, publishing, sharing, or displaying.

Common types of excerpts from works include:

• Excerpts from books, stories, and articles

• Excerpts from song lyrics and musical pieces

• Excerpts from films and television programs

• Excerpts from research papers and textbooks

Whether short or long, and whether or not a fee is charged, the use of the work is an act of copyright usage.

General principles regarding copyright when using works:

According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to the work they have created or own.”

In principle, when an organization or individual uses another person’s work, they must obtain permission from the author/copyright owner and pay royalties, fees, and other material benefits (except in cases where the law provides exceptions).

Therefore, not charging fees for publishing or using a work does not equate to the freedom to use the work, nor does it exclude the risk of copyright infringement unless it falls under the legally defined exceptions.

Does posting excerpts from a work without charging a fee violate copyright?

Not all acts of publishing excerpts of a work without charging fees constitute copyright infringement. The law stipulates certain exceptions that allow the use of a work within a specific scope. Conversely, if it is outside that scope, it will be considered a violation and subject to penalties. Below are specific cases:

Cases where posting excerpts of a work without charge does not constitute a violation:

• Reasonable quotation for informational, commentary, or research purposes: According to point a, clause 1, Article 25 of the 2022 Intellectual Property Law: “Reasonable quotation of a work for commentary or illustration in one’s own work, provided that the author’s name and source of the work are clearly stated.” Thus, posting excerpts without charge will not violate if only a reasonable portion is quoted, not replacing the original work; the purpose is commentary, analysis, illustration, or research; the author’s name and source of the work are clearly stated; and it does not affect the normal exploitation of the work. Legitimate examples: quoting a short passage from a book for content analysis; quoting a portion of an article for commentary or critique; quoting a scientific research passage for teaching or learning.

• Using the work for non-commercial educational and teaching purposes: According to point d, clause 1, Article 25 of the Intellectual Property Law: “Using the work in teaching and learning activities not for commercial purposes.” In this case, since no fees are charged, the purpose is not commercial, and the content of the work is not altered or distorted, posting excerpts may not be considered a violation.

Cases where posting excerpts without charging fees still violates copyright:

Posting excerpts of a work “for free” is not always legally safe. Many cases are still considered copyright infringement, such as:

• Excerpts that are too long, replacing the original work: Posting multiple chapters of a book; posting the “best” or “climax” parts of a film or story; compiling excerpts long enough that viewers don’t need to access the original work.

• Not including the author’s name and source: By law, clearly stating the author’s name and source is a mandatory condition. Failure to meet this condition violates the author’s moral rights.

• Posting excerpts to attract traffic and indirect advertising: Websites that don’t charge for reading but include advertisements and sell products or services are considered indirect commercial purposes and still require permission and copyright fees.

Important notes when posting excerpts of works

To minimize legal risks and avoid copyright infringement, individuals and organizations posting excerpts of works should pay special attention to the following:

• Only quote within the necessary scope, appropriate to the purpose of use, and do not replace or affect the normal exploitation of the original work.

• Clearly state the author’s name and source of the work, ensuring full respect for the author’s personal rights as stipulated by law.

• Do not use excerpts for commercial purposes or to promote products or services without the author’s or copyright owner’s consent.

• Do not edit, cut, or distort the content of the work, or misrepresent the meaning and spirit of the original work.

• If you have any concerns about the scope of use, you should proactively seek written permission from the copyright owner to ensure legal safety.

The above is the article “Does posting excerpts from a work without charging a fee violate copyright?”. VCD hopes you will better understand the legal regulations on copyright, correctly identify cases where excerpts of a work are permitted, and recognize actions that may be considered violations.

Sincerely,

When copyright is infringed, filing a lawsuit is an important legal solution to protect the legitimate rights and interests of the author and owner of the work. However, for the case to be properly accepted and resolved, a prerequisite is to correctly identify which court has jurisdiction to resolve the copyright dispute. This article from VCD will help you answer this question in detail!

What is a copyright dispute?

Current law does not have a direct definition of “copyright dispute.” However, based on Clause 1, Article 4 of the 2022 Intellectual Property Law: “Intellectual property rights are the rights of organizations and individuals to intellectual property, including copyright and related rights, industrial property rights, and rights to plant varieties.”

From this, it can be understood that copyright disputes are disputes arising between parties related to:

• The author’s moral rights;

• Property rights over the work;

• The right to use, exploit, transfer, and inherit copyright;

• Acts of copyright infringement.

Examples: Disputes over unauthorized copying of a work, unauthorized use of a work, disputes over copyright transfer contracts, disputes over who is the true author of a work…

Forms of copyright dispute resolution

According to the Intellectual Property Law and procedural law, copyright disputes can be resolved by the following methods:

• Negotiation;

• Mediation;

• Administrative handling;

• Arbitration (if agreed upon);

• Lawsuit in court.

In this context, the Court is the most comprehensive and thorough authority to resolve disputes, especially complex disputes involving large claims for damages or the determination of copyright ownership.

Which court has jurisdiction to resolve copyright disputes?

The determination of which court has jurisdiction to resolve copyright disputes is primarily based on:

• The 2015 Civil Procedure Code;

• The 2022 Intellectual Property Law;

• Implementing regulations.

According to Article 26 of the 2015 Civil Procedure Code: “Disputes concerning intellectual property rights and technology transfer between individuals and organizations, all with the purpose of profit” fall under the jurisdiction of the Court.

Thus, copyright disputes are a type of civil dispute falling under the jurisdiction of the People’s Court.

Jurisdiction of provincial people’s courts in copyright disputes

According to Clause 1, Article 37 of the 2015 Civil Procedure Code, provincial People’s Courts have first-instance jurisdiction over: “Civil disputes with foreign elements; disputes falling under the jurisdiction of district courts but of a complex nature or at the request of the parties.”

Regarding copyright disputes, provincial People’s Courts usually have jurisdiction in the following cases:

• Involves foreign elements (authors or owners are foreigners; works are exploited abroad, etc.);

• Complex disputes with high value;

• Requests for the application of interim injunctive measures;

• According to specific provisions of intellectual property law.

Jurisdiction of district people’s courts in copyright disputes

According to Clause 1, Article 35 of the 2015 Civil Procedure Code, District People’s Courts have jurisdiction to resolve civil disputes in first instance proceedings, except for disputes falling under the jurisdiction of Provincial People’s Courts.

In practice, district people’s courts can resolve copyright disputes that:

• Are simple in nature;

• Both parties are domestic individuals or organizations;

• Do not involve foreign elements;

• Do not fall under cases that the law stipulates must be resolved by Provincial People’s Courts.

Some notes when filing a copyright dispute lawsuit in court

Filing a copyright dispute lawsuit in court is a legal process that requires the plaintiff to prepare thoroughly in terms of documents, evidence, and a strategy to protect their rights. To ensure the case is accepted and resolved smoothly by the court, the plaintiff needs to pay special attention to the following important issues:

• Prepare evidence proving copyright ownership (original works, copyright registration certificates, contracts, creative documents, etc.);

• Correctly identify the defendant and the competent court;

• Clearly define the claim (establishing rights, compensation, cessation of infringement, etc.);

• The statute of limitations for filing a lawsuit as stipulated by civil law;

• The possibility of requesting the application of interim injunctions to prevent further infringement.

The above are the basic contents clarifying “Which court has jurisdiction to resolve copyright disputes?” according to current law. Identifying the correct competent authority from the outset not only facilitates the litigation process and ensures proper procedures, but also contributes to effectively protecting the legitimate rights and interests of authors and copyright owners during dispute resolution in court.

Sincerely,

Many people still believe that only when they possess a copyright registration certificate is their work legally protected. This misconception has caused many individuals and organizations to delay protecting their legitimate rights when disputes arise. So, according to the Intellectual Property Law, from what point in time does copyright arise? Is registration mandatory? This VCD will help you understand the true and complete legal nature of copyright.

Copyright

According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.”

This regulation shows that the subject of copyright is not only the person who directly creates the work, but in many cases can also be an organization or individual to whom the right is legally transferred by agreement or by law. Copyright is established to protect the fruits of intellectual labor, fully recognizing the spiritual and material rights of authors and owners, while creating a legal framework to encourage creative activities, research, and the dissemination of knowledge in society.

According to Article 14 of the Intellectual Property Law, copyright is protected for literary, artistic, and scientific works, including but not limited to:

• Written works: books, articles, textbooks, lectures, scripts

• Musical, theatrical, and cinematic works

• Fine art and architectural works

• Technical drawings and maps

• Computer programs and databases

It is important to note that the law does not protect ideas, but rather the specific form of expression of the work.

Copyright comprises two basic groups of rights:

• Moral rights: naming the work, being credited as the author, publishing the work, protecting the integrity of the work.

• Property rights: copying, distributing, communicating the work to the public, renting, creating derivative works, etc.

All of the above rights are protected by law from the moment copyright arises, thereby creating a solid legal basis for authors and copyright owners to protect their legitimate interests when disputes or copyright infringements occur.

Does copyright arise from the date of registration?

Many individuals and organizations still believe that copyright only arises when a registration application is filed and a copyright certificate is issued. However, this understanding is inconsistent with current intellectual property law and easily leads to misunderstandings in protecting the legitimate rights of authors.

According to Clause 1, Article 6 of the 2022 Intellectual Property Law, it is stipulated that: “Copyright arises from the moment the work is created and expressed in a certain tangible form, regardless of content, quality, form, medium, language, whether published or not, registered or not registered.”

Thus, copyright does not arise from the date of registration. Copyright arises automatically as soon as the work is created and expressed in a specific tangible form.

Is copyright registration mandatory?

The Intellectual Property Law does not require authors or copyright owners to register their work in order to receive protection. This is entirely consistent with the Berne Convention on the Protection of Literary and Artistic Works, of which Vietnam is a member, according to the principle: “Copyright is protected regardless of any formal procedures.”

Although not mandatory, copyright registration is essential and encouraged in practice, especially when the work has economic value or is easily infringed upon.

According to Article 49 of the Intellectual Property Law, authors and copyright owners have the right to register their copyright with the Copyright Office and be granted a Certificate of Copyright Registration. This certificate has significant legal importance and serves as strong evidence to prove ownership.

According to Clause 3, Article 49 of the 2022 Intellectual Property Law: “The Certificate of Copyright Registration is the basis for determining copyright and related rights.”

In case of disputes, the holder of the Certificate is usually presumed to be the legitimate rights holder. The other party has the obligation to prove otherwise. Conversely, if not registered, the author still has rights but must independently gather evidence and prove the time of creation and the process of forming the work. This process is often difficult, time-consuming, and carries potential legal risks.

The above article, “Does Copyright Arise from the Date of Registration?“, aims to help readers understand the true legal nature of copyright under the Intellectual Property Law. Thus, copyright arises automatically as soon as a work is created and expressed in a tangible form, regardless of registration.

Sincerely,

FAQ

Printing books and documents for internal use is a common practice among many agencies and businesses. However, not everyone understands whether permission is required for internal circulation, and whether there are penalties for not obtaining permission. This article will specifically analyze current legal regulations to help you avoid legal risks during the process of distributing internal documents.

What is an internal circulation book?

Currently, publishing law does not provide a specific definition of “internal circulation book.” However, in practice, an internal circulation book can be understood as a publication compiled and distributed within the internal scope of an agency, organization, or business, not intended for commercial purposes, not distributed to the market, and not serving the general public.

Some common examples:

• Business manuals, internal training materials

• Internal training materials of enterprises and organizations

• Conference and seminar proceedings circulated within the unit

• Research documents, technical guides for internal use

Because of their “not widely distributed” nature, many units believe that books for internal circulation do not require publishing permission. However, this view is not always correct.

Is publishing permission required for books for internal circulation?

This is a question that causes much confusion, as many agencies and businesses believe that internal distribution does not require publishing permission. However, this view is not entirely correct according to current publishing law regulations.

According to Clause 1, Article 2 of the 2012 Publishing Law, publishing is understood as: “The organization of editing, printing, and distributing works and documents to the public through a publishing house or licensed agency or organization.”

At the same time, Clause 2, Article 4 of the 2012 Publishing Law clearly stipulates: “Only publishing houses are allowed to carry out publishing activities.”

Thus, the law does not base its classification on the purpose of circulation (internal or commercial), but on the form and act of publishing, including: editing – printing – distribution.

Therefore, if a document takes the form of a book, is printed and distributed to many people, even if only internally, it is still considered a publication and falls within the scope of the Publishing Law.

According to Clause 4, Article 4 of the 2012 Publishing Law, publications include: “Printed books, e-books, paintings, photographs, maps, posters, leaflets, and other publications published through publishing houses.”

The law does not exclude publications “for internal circulation only” from the concept of publications. Therefore, internally circulated books are still books, and books are still publications. Publications must be legally licensed before publication. Limiting the readership (only staff, employees, members, etc.) does not change the legal nature of the publishing activity.

How to identify internally circulated books

In practice, internally circulated books must obtain publishing permission when they have one or more of the following characteristics:

• Complete book title, author, and layout

• Printed as a complete book, bound, with a clear cover

• Printed in a specific quantity, not for temporary use

• Distributed to multiple departments and subordinate units

• Content is educational, research-oriented, or provides professional or legal guidance

In these cases, the compiling unit cannot independently print and distribute the books, but must collaborate with a publisher and follow the procedures for obtaining a publishing decision as prescribed. The note “Internal Circulation Document” on the book cover does not replace a publishing license.

Violations for publishing internal circulation books without permission

According to Decree 119/2020/ND-CP on administrative penalties in press and publishing activities, the act of printing and distributing publications without a publishing decision may be subject to:

• Fines: Organizations and individuals who print or distribute internal circulation books without a publishing decision may be subject to administrative fines. The specific fine will depend on: the nature and extent of the violation; the number of books printed and distributed; and the consequences arising from the violation.

• Forced recall and destruction of all books: This means that all previous costs of compilation, printing, and distribution will not be recognized; the books cannot be used further, even internally; the violating unit must bear all destruction costs.

• Compulsory repayment of illegal revenue (if any): In cases where internally circulated books generate revenue, even if it is not considered official business activity (e.g., fees for materials, training fees, or supplementary sales of textbooks), the infringing organization may also be compelled to repay all illegal revenue obtained from the unauthorized printing and distribution of the books.

The above article, “Is it necessary to obtain permission to publish books for internal circulation?”, aims to clarify the legal regulations related to the printing and distribution of internal books. We hope that businesses and individuals will gain a correct understanding and choose appropriate options to ensure compliance with the law and safety during the use and distribution of internal documents.

Sincerely,

FAQ