Author: Editor VCD

Mechanism of copyright protection for press works

Written by Editor VCD on 25 October, 2023. Posted in Copyright Registration, Press work.

1. Copyright for press works

A press work is the smallest constitutive unit of a journalistic product, with independent content and complete structure, including news and articles expressed in writing, sound, or images.

According to Article 6, Clause 3, Decree 17/2023/ND-CP, press works specified in Point C, Clause 1, Article 14 of the Intellectual Property Law are works with independent content and complete structure, including genres: reportage, notes, reports, interviews, reflections, investigations, comments, editorials, treatises, press memoirs, and other journalistic genres for publication and broadcast in print and newspapers verbal, visual, electronic or other means

According to Articles 19 and 20 of the Intellectual Property Law, copyright for press works includes personal rights and property rights, specifically:

Moral rights: Name the journalistic work; use real names or pseudonyms when journalistic works are published or used; Publish, disseminate, or let others publish or disseminate; Protect the integrity of journalistic works, do not allow others to edit, mutilate, or distort in any form that is harmful to your honor and reputation;

Property rights: Entitlement to royalties – money collected by organizations and individuals who exploit and use journalistic works; Receive remuneration when journalistic works are used; Enjoy material benefits from allowing others to use the work in forms such as publishing, republishing, and displaying.

2. Copyright protection mechanism for press works

Currently, the protection of copyright for journalistic works is facing many challenges when copyright infringement is still very common and diverse. Therefore, violations are becoming increasingly sophisticated with the exploitation of copyright infringement with the development of technology. Authors and owners of works need to recognize which acts violate copyright, and at the same time need to protect their works consciously. Copyright protection is implemented through the following mechanisms:

2.1. Civil measures

Civil measures are measures that allow authors to protect their works against copyright infringements that directly affect legitimate rights and interests, as well as infringements on the honor and reputation of the author’s creative knowledge, specifically:

Require the violator to remove the offending post, and commit in writing not to repeat the violation, and if the offender repeats it, stronger measures will be taken; negotiate and negotiate between the two parties to bring the most beneficial results to the author and copyright owner.

To conduct civil proceedings based on the request of the intellectual property rights holder or the organization or individual suffering damage caused by the infringement. Accordingly, the author of the infringed press work can file a lawsuit with the People’s Court of the place of residence of the individual, and the headquarters of the legal entity committing the act of infringement or the Court where the act of infringement was committed. When filing a lawsuit, the author of the infringed journalistic work needs to prepare accompanying evidence;

In case there is a claim for non-contractual damages, according to Article 584 of the 2015 Civil Code, the author is obliged to prove: (i) the act of infringement; (ii) actual damage occurred; (iii) the relationship between the infringement and the damage caused.

2.2. Criminal measures

Criminal measures are measures to handle acts of intellectual property rights infringement that are defined as crimes under criminal proceedings, specifically:

The author of a journalistic work can file a criminal complaint when discovering that another individual has committed an infringing act that meets all the elements constituting a crime as prescribed in Article 225 of the Penal Code of 2015, amended and supplemented in 2017;

The criminal complaint will be sent to the competent authority, specifically, the district investigation agency where the crime occurred or where the offender resides.

2.3. Administrative measures

Intellectual property rights holders, individuals and other organizations that suffer damage due to acts of infringement or detect acts of infringement have the right to request competent state agencies to handle administrative violations of infringement, specifically the Inspectorate, Market Management, Customs, Police, and People’s Committees at all levels will have the authority to handle acts of infringement of press works. Administrative violations due to infringement of copyright of press works and current remedial measures are prescribed in Decree No. 131/2013/ND-CP of the Government stipulating penalties for administrative violations on copyright and related rights, specifically from Article 8 to Article 12, Article 15 to Article 20, and Article 27 to Article 35.

Depending on each case, as well as the level of goodwill of the infringing party and the author’s wishes, the author of the infringed journalistic work can choose for himself/herself appropriate measures.

Above is the article “Mechanism of copyright protection for press works“. We hope this article is useful to you.

Copyright protection for data collection

Written by Editor VCD on 23 October, 2023. Posted in Computer program and data compilation, Copyright Registration.

Data collection is one of the subjects protected by copyright according to the provisions of international conventions and Vietnamese law. For example, one person collected folk songs, idioms, and proverbs from all over the country and arranged them by topic, gathering them into a book called “Vietnamese folk songs, idioms, and proverbs”, then that book is protected under the category of data collection. We would like to introduce this article to our readers to learn more about how data collection is protected by copyright in Vietnam.

1. Regulations on data collection protection according to several international conventions on intellectual property

Important international conventions on copyright, including the Berne Convention for the Protection of Literary and Artistic Works (revised 1971), the Agreement on Commercial Aspects of Property Rights (TRIPS) of 1994, and the WIPO Copyright Treaty (WCT) of 1996 both recognize copyright protection for data collections.

In Clause 5, Article 2 of the Berne Convention for the Protection of Literary and Artistic Works, Data Collections are stipulated as follows: “Collections, literary works or works of art, such as Encyclopedias and anthologies, the selection or arrangement of which is the result of intellectual activity, must be protected as such, without prejudice to the copyright of the works constituting them in this collection”.

In addition, Article 10, Paragraph 2 of the 1994 TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights stipulates: “Collections of data or other material, whether in machine-readable form or in other forms, where the selection or arrangement of content is the result of intellectual activity must be protected as it is. The above protection, to the extent that it does not cover the data or materials themselves, must not affect the existing copyright in the data or materials themselves.

In addition, the WIPO Copyright Treaty (1996) also mentions the protection of data collection in Article 5, specifically: “Data or other materials collected in any form, which constitute intellectual creations, are protected. This protection does not extend to the data or materials themselves and is without prejudice to any copyright in the data or materials in the collection.

Vietnam is a member of the above conventions and has codified the above provisions in the Vietnam Intellectual Property Law.

2. Regulations on data collection protection according to Vietnamese law

Data collection is one of the types of works protected by copyright, recorded at Point m, Clause 1, Article 14 of the Intellectual Property Law.

According to Article 22, Clause 2 of the Intellectual Property Law, data collection is “a creative collection expressed in the selection and arrangement of documents in electronic or other forms.” For example, a person can collect and publish his own short stories, titled “A collection of short stories by author A”; or one can collect photos of cloud landscapes in the Northwest region by many different authors and create a photo collection called “Northwest Clouds”. Currently, electronic databases are also protected by copyright in the form of data collections. The author of a data collection may or may not be the author of the documents in that data collection, but is only the person who collects and arranges the available documents in a certain order.

The author of the data collection will have full moral and property rights over that data collection, specifically:

Name the data collection work;

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

Publish the work or allow others to publish the data collection work;

Protect the integrity of the data collection work, and do not allow others to edit, mutilate, or distort the work in any form that is harmful to the author’s honor and reputation.

Making derivative works;

Directly or indirectly copy all or part of the work by any means or form;

Distributing to the public originals and copies of works;

Broadcast and communicate works to the public;

In addition, Article 22, Clause 2 of the Intellectual Property Law also stipulates that copyright protection for data collections does not cover the materials themselves, and does not prejudice the copyright of the materials themselves. Therefore, it can be understood that copyright for data collection and copyright for materials belonging to data collection are independent of each other, the implementation and formation of data collection work is independent. The data must not prejudice the materials’ copyright in the data collection.

Above is the article “Copyright protection for data collection“. We hope this article is useful to you.

Distinguish between “copyright infringement” and “plagiarism”

Written by Editor VCD on 20 October, 2023. Posted in Copyright Registration.

Plagiarism is generally an unacceptable behavior in society, it is the act of taking the efforts and achievements of others into one’s work. Copyright infringement is the act of copying and using a work without permission or without paying copyright to the author according to the law. So, is plagiarism an infringement of copyright or not, and how to Distinguish between “copyright infringement” and “plagiarism”

“Plagiarism” is not a concept in the law, in other words, current Vietnamese law does not have specific, clear regulations to define or explain the issue of plagiarism. Plagiarism is an issue considered from an ethical perspective, while copyright infringement is a legal issue, clearly stipulated in the law.

Plagiarism is the act of copying work or using ideas and methods in another person’s work and incorporating them into your work, presenting them as your original work. In an academic environment, plagiarism is a serious violation of academic ethics. Plagiarism can be caused by intentional or unintentional errors. Some common acts of plagiarism include:

Improper citation of source documents;

Taking another’s work and claiming it as your own, including taking from translating foreign works;

Paraphrase someone else’s work by changing some words, changing the order of sentences, or closely following their argument structure to create your work;

Self-plagiarism (for example, submitting your work to multiple editors simultaneously, or using without explicit citation your own previously published work).

Acts of copyright infringement are acts clearly defined in Article 28 of the Intellectual Property Law. Common acts of infringement include: copying works; making derivative works; performing works; broadcasting, distributing, communicating to the public works; and… without asking permission, without paying royalties to the author and copyright owner. People who commit acts of copyright infringement must be held responsible before the law, specifically administrative or criminal sanctions, depending on the severity of the violation.

There are similarities between plagiarism and copyright infringement, such as arbitrarily copying, using works, or impersonating the author. However, not all acts of plagiarism are considered plagiarism. copyright infringement and not all acts of copyright infringement are considered plagiarism. Specifically, the article gives examples of the following cases:

There is plagiarism but does not violate copyright: a person can take the results of another person’s research work and put it into his or her research work but without citing or naming the cited work or author. author of that work.
Infringement of copyright but not plagiarism: the act of using materials available on the internet including photos, videos, paintings, audio recordings, video recordings, and articles but not within the exceptions allowed Usage permission prescribed by law may still be considered an infringement of copyright. For example, reposting other people’s articles and short stories on your blog or website without the permission of the author or copyright owner.

Above is the article “Distinguish between “copyright infringement” and “plagiarism””. We hope this article is useful to you.

Are photography works with the same subject matter considered an infringement of copyright?

Written by Editor VCD on 19 October, 2023. Posted in Copyright Registration, Photographic work.

It is common in reality for photographers to take pictures of the same scene. Therefore, Are photography works with the same subject matter considered an infringement of copyright?

According to current provisions of Vietnamese law, photographic works are one of the types of protected works (in Clause 1, Article 14 of the Intellectual Property Law). Photographic works are protected under the following conditions:

Created directly by the author using his or her intellectual labor without copying from the works of others (in Clause 3, Article 14 of the Intellectual Property Law).

Authors and copyright owners are Vietnamese organizations and individuals; Foreign organizations and individuals whose works are published for the first time in Vietnam but have not been published in any other country or are published simultaneously in Vietnam within thirty days from the date of the work that is published for the first time in another country; Foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which the Socialist Republic of Vietnam is a member.

In addition, according to Clause 1, Article 6 of the Intellectual Property Law: “Copyright arises from the moment the work is created and expressed in a certain material form, regardless of content or quality, form, medium, language, published or unpublished, registered or unregistered.” From the above regulations, it can be seen that copyright only protects the form of expression of the work, not the content of the work (or the ideas conveyed in the work). Therefore, if different authors take photos of the same object but have a separate form of expression of the work, independent of other authors, those photographic works are completely protected by copyright.

Specifically, taking photos of the same object but different authors express their creativity through camera angles, methods, photography techniques, and the overall idea of the work, creating different for the viewer different feelings. Although the two works capture the same subject, there is no significant similarity in expression, and if the viewer can easily distinguish the two works, both works are protected by copyright.

For the above reasons, it can be affirmed that photographic works using the same subject by different authors are not considered copyright infringement.

Above is the article “Are photography works with the same subject matter considered an infringement of copyright?“. We hope this article is useful to you.

Does the model of a painting/photograph have rights to the painting or photo that includes them?

Written by Editor VCD on 18 October, 2023. Posted in Copyright Registration, Photographic work.

According to the provisions of the Intellectual Property Law of many countries around the world, the photographer will be the copyright holder of the photographic works he or she took, and the artist will be the copyright holder of the photographs or pictures drawn by them. However, for photos or paintings of people, does the model appearing in the photo/painting have any rights to that painting or photo? Please follow VCD’s article below for more detailed information.

1. What are image rights?

An individual’s image right is an individual’s moral right. Therefore, when using anyone’s image, you must have that person’s permission and consent. This right is specifically stipulated in Clause 1, Article 32 of the 2015 Civil Code as follows:

Individuals have the right to their image. The use of an individual’s image must be approved by that person.

Using another person’s image for commercial purposes requires compensation to the person with the image unless otherwise agreed by the parties.

Therefore, if arbitrarily using a personal image, the person with the image has the right to request the Court to issue a decision forcing the violator and other relevant agencies, organizations, and individuals to recover, destroy, terminate the use of images, compensate for damages and apply other remedies according to the provisions of law.

The photo or painting model also has image rights to the painting/photograph in which they are present. However, if the author of the photo/painting has given consent to use the model’s image, the model does not have ownership rights to this photo/painting.

2. The model’s rights to the painting/photograph containing their face

A photo or painting can create a copyright conflict between the person being photographed and the photographer or artist. Both sides have reliable and solid arguments about why they have the right to the photo or painting, one side is the creator, and the other side is the main object of that painting.

The answer to who the copyright belongs to will depend on whether the individual’s image has been approved by that person or not, and whether the modeler has been compensated or not.

An artist spends hours drawing a professional poser hired to pose, standing still for hours on end. In this case, the rights to the resulting painting will belong to the artist, not the subject of the painting.

Likewise, the rights to the photo will belong to the photographer and not the person being photographed. However, whether the photographer has the right to take photos of the person being photographed is another matter. If a picture is drawn or taken without the permission of the subject being photographed, it can lead to lawsuits from the person being photographed or drawn because their privacy has been violated or their honor has been violated (if any)…

Accordingly, the rights to the photographs/paintings belong to the photographer/artist in the absence of any other conflict of nature. If the subject being photographed uses the photo without permission, they have violated the photographer’s copyright.

Above is the article “Does the model of a painting/photograph have rights to the painting or photo that includes them?“. We hope this article is useful to you.

Is a live stream using other people’s music or images considered copyright infringement?

Written by Editor VCD on 17 October, 2023. Posted in Copyright Registration, Musical work, Photographic work.

1. Is a live stream using other people’s music or images considered copyright infringement?

Livestream (also known as live streaming) is the process of broadcasting live video in real-time to an audience on the internet without needing to record or store it in advance. By using smartphones connected to the internet, through technology platforms such as Facebook, and YouTube… users can live stream and share with the public what is happening at present. Although livestream technology brings many benefits to everyone, it has a high potential risk of copyright infringement. There are many cases where live streamers do not pay attention and accidentally use other people’s music, images, and videos while performing livestreams. There are also other cases where live streamers intentionally use other people’s music, images, and videos to attract viewers even without the permission of the owners of those sounds, images, and videos. The above actions, whether intentional or unintentional, are considered copyright infringement.

According to the provisions of Vietnamese law on copyright, one of the property rights under copyright is the right to broadcast and communicate to the public the work by wired or wireless means, electronic information networks, or any other technical means, including providing the work to the public in a manner accessible to the public at a place and time of their choosing (Article 20 of the Intellectual Property Law). The exploitation and use of broadcasting rights and the right to communicate works to the public by individuals and organizations must be with the permission of the copyright owner and pay royalties and other material benefits (if applicable). yes) to the copyright owner. The act of livestreaming and using another person’s work without permission and without paying royalties to the author or copyright owner is an act contrary to the law and infringes upon broadcasting rights to communicate the work to the public. In addition, Article 28 of the Intellectual Property Law clearly states that acts infringing on the property rights of the author or copyright owner are considered acts of copyright infringement.

From the above regulations, it can be confirmed that the act of livestreaming involves using other people’s music and images without the permission of the author or copyright owner, and without paying royalties to the copyright owner. The author is considered an act of copyright infringement.

2. How will livestream infringement of copyright be handled?

According to the provisions of Decree 131/2013/ND-CP, livestream infringement of copyright can be subject to administrative sanctions as follows:

Acts of infringing on the right to publish works (Article 11): Fine from 5,000,000 VND to 10,000,000 VND for acts of publishing works without permission of the copyright owner according to regulations; Forcing public corrections on mass media.

Acts of infringing on the right to communicate works to the public (Article 17): Fine from 15,000,000 VND to 30,000,000 VND for acts of communicating works to the public by wire, wireless, or network means of electronic information or any technical means without the permission of the copyright owner as prescribed; Forced removal of copies of infringing works.

Acts of infringing on the performer’s right to fix a live performance (Article 23): Fine from 3,000,000 VND to 5,000,000 VND for the act of fixing a live performance on audio or recording images without the permission of the performer’s rights holder; Forced removal of copies of infringing performances in electronic form, on the network and digital environment or forced destruction of infringing exhibits.

Acts of infringing on the right to broadcast or otherwise transmit to the public an unformed performance (Article 25): Fine from 20,000,000 VND to 40,000,000 VND for acts of broadcasting or transmitting in other ways to the public an unfixed performance without the permission of the performer’s rights holder, unless the performance is intended for broadcast; Forced removal of copies of infringing performances in electronic form, on the network and digital environment or destruction of infringing exhibits.

Acts of infringing on the right to distribute to the public broadcast programs (Article 31): Fine from 10,000,000 VND to 30,000,000 VND for distributing to the public copies of broadcast programs without the permission of the rights owner of the broadcasting organization; Forced removal of copies of broadcast programs in electronic form, on the network and digital environment, or forced destruction of infringing material evidence.

Trên đây là bài viết ” Liệu phát trực tiếp sử dụng nhạc hoặc hình ảnh của người khác có bị coi là vi phạm bản quyền không? “. Chúng tôi hy vọng bài viết này hữu ích với bạn.

Disguised as a movie review video is there a copyright infringement

Written by Editor VCD on 16 October, 2023. Posted in Copyright Registration, Dramatic work.

Movie review originally meant rating and commenting on movies, this is a popular and simple way to provide information about movies, to introduce people who are interested in a certain movie. However, movie reviews are gradually being transformed into short videos cut and edited to fully introduce the movie content and then posted on YouTube, Facebook Watch, or TikTok, to make money. Therefore, is making those movie review videos a copyright violation? Let’s follow VCD’s “Disguised as a movie review video is there a copyright infringement” next article.

1. Movie review and variations of the word “review”

Reviewing is currently a blooming trend among young people. The review profession is a profession that uses subjective opinions from a user’s perspective to evaluate a product, service, restaurant, tourist attractions, and even good movies. Express your honest feelings and assessments after each experience, thereby helping people decide whether to use the product or service or watch that movie again or not. In short, movie reviews are understood as the subjective feelings and assessments of the reviewer during the process of watching the movie.

According to the law, video review makers are not allowed to reveal the main details of the movie, but usually, they will give an overview of the characters, actors, or movie set. From there, the reviewers will express their personal opinions to help the audience have more reference information in the process of choosing the movie they will watch.

However, currently, the nature of movie reviews in Vietnam is a variation of a movie recap (summarizing part or all of the movie’s content). Short videos appear on social networking sites such as YouTube, Facebook, and TikTok with the title being a movie review but a summary of the movie’s content. Because these videos/clips often narrate all the details of the movie and have little or no evaluation from the video maker. These videos even have misleading reviews of the film’s content, affecting the message the production team wants to convey to viewers.

2. Does a movie review violate copyright?

According to the Intellectual Property Law, “A derivative work is a work created based on one or more existing works through translation from one language to another, adaptation, compilation, annotation, selection, arrangement, musical adaptation and other adaptations”. In particular, creating movie review videos is considered a derivative work. Reviewing a movie that reveals all or part of the movie’s content is considered to be infringing on the copyright of the work and the owner’s rights to the work.

According to the newly amended and supplemented regulations in Clause 10, Article 4 of the Intellectual Property Law: “Copying is the creation of a copy of all or part of a work or audio or video recording by any means or What form? With this regulation, copying part of an official work is considered an act of copying, creating a legal basis to overcome problems due to the lack of clear provisions in the law in many cases related to copyright. previous author.

According to Article 28 of the Intellectual Property Law, among the acts of copyright infringement are:

Making derivative works without the permission of the author or copyright owner of the work used to make derivative works, except in the case of converting the work into braille or another language for the disabled. town;

Using the work without the copyright owner’s permission nor, not paying royalties, remuneration, or other material benefits as prescribed by law.

Thus, except for converting works into Braille or another language for the blind, any creation of derivative works must be approved by the author/owner of the original work.

In addition, movie reviewing is not included in the cases of using published works without asking for permission, without having to pay royalties or remuneration, and is also not included in the cases of using published works without requiring permission. allowed but must pay royalties and remuneration according to regulations.

Therefore, anyone who reviews a movie and reveals all or part of the existing movie content is violating the copyright of the work and the rights of the owner of the work. Depending on the level of violation, individuals and organizations making movie reviews may be administratively or criminally sanctioned according to the provisions of the law.

Above is the article “Disguised as a movie review video – Is there a copyright infringement?” We hope this article is useful to you.

Legal liability of intermediary service providers for acts of infringing upon copyright and related rights

Written by Editor VCD on 13 October, 2023. Posted in Copyright Registration, Copyright-related rights.

It cannot be denied that today, the internet has become an extremely popular tool to transmit work to the public. However, in the internet environment, the problem of copyright infringement has become serious and requires the coordination of many parties to prevent it, including businesses providing intermediary services.

1. What is an intermediary service provider?

Joint Circular No. 07/2012/TTLT-BTTTT-BVHTTDL stipulates the responsibilities of intermediary service providers in protecting copyright and related rights on the regulated internet and telecommunications network environment. Regulations on intermediary services and businesses providing intermediary services are as follows:

“1. Intermediary services include telecommunications services, Internet services, online social network services, digital information search services, digital information storage space rental services including space rental services Store electronic information pages.

2. Enterprises providing intermediary services include:

a) Enterprises providing Internet services;

b) Telecommunications enterprises;

c) Enterprises providing digital information storage space rental services, including website storage space rental services;

d) Enterprises providing online social network services;

dd) Enterprises providing digital information search services.

3. Digital information content includes works, performances, audio recordings, video recordings, and broadcast programs that have been digitized and processed, stored, exchanged, transmitted, and provided in the environment. Internet and telecommunications networks.”

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.

2. Legal responsibility of intermediary service providers for acts of infringement of copyright and related rights

According to Article 198b of the Intellectual Property Law, enterprises providing intermediary services have the following responsibilities:

Enterprises providing intermediary services are responsible for implementing technical measures and coordinating with competent state agencies and rights holders to enforce measures to protect copyright and related rights on the Internet. telecommunications network and Internet environment.

Enterprises providing intermediary services are exempt from legal liability for acts of infringement of copyright and related rights on the telecommunications network and Internet environment related to the provision or use of their services. in the following cases:

Only transmit digital information content or provide access to digital information content;

When performing the buffer storage function during the information transmission process, intermediary service providers must do so automatically and temporarily to transfer information and make information transmission effective. more effectively, under the following conditions: only transform information for technological reasons; comply with the conditions for accessing and using digital information content; comply with specified rules for updating digital information content in a manner that is widely recognized and used by the industry; does not prevent the lawful use of technology generally recognized in industry to obtain data on the use of digital information content; remove digital information content or deny access to digital information content when it is known that the digital information content has been removed at the originating source or that the originating source has canceled access to the digital information content there;

Store digital information content of service users at the request of service users under the following conditions: without knowing that such digital information content infringes copyright or related rights; Take action to quickly remove or prevent access to such digital information content when knowing that such digital information content violates copyright or related rights;

Other cases according to Government regulations.

Enterprises providing intermediary services that are exempt from liability in the above cases do not have to monitor their services or proactively search for evidence indicating infringement.

In particular, digital information content is the work and related rights objects protected under the provisions of the Intellectual Property Law expressed in digital form. More specifically, Joint Circular No. 07/2012/TTLT-BTTTT-BVHTTDL stipulates what enterprises providing intermediary services must do as follows:

Storing digital information content in our service provision system is only temporary, automatic, and time-limited, enough to meet the technical requirements of transmitting digital information content.

Comply with the inspection and examination work of competent state management agencies according to regulations on copyright and related rights.

Remove and delete digital information content that violates copyright and related rights, cut, stop, and temporarily suspend Internet transmission lines and telecommunications transmission lines upon receipt of a written request from the Inspectorate of the Ministry of Information and Communications. or the Inspectorate of the Ministry of Culture, Sports and Tourism or other competent state agencies as prescribed by law.

Provide information about customers renting space to store digital information content, websites, and customers using other intermediary services at the request of the Inspector of the Ministry of Information and Communications or the Inspector of the Ministry of Culture. Culture, Sports, and Tourism or other competent state agencies.

Be directly responsible for compensation for damages caused by violations of copyright and related rights according to the provisions of intellectual property law and other relevant laws in the following cases:
- Being the initial source of posting, transmitting, or providing digital information content via telecommunications networks and the Internet without the permission of the right holder;
- Edit, crop, or copy digital information content in any form without the permission of the rights holder;
- Intentionally cancel or disable technical measures implemented by rights holders to protect copyright and related rights;
- Acting as a secondary distribution source of digital information content due to violation of copyright and related rights.

In addition to the above contents, businesses providing online social networking services must also carry out the following responsibilities:
- Require service users to commit to fulfilling their responsibility to ensure the legal use of digital information content posted on the Internet and telecommunications networks;
- Warning of liability for civil damages, possibility of administrative sanctions, and criminal prosecution for individual online social network users who violate copyright rights, and related rights.

It can be seen that businesses providing intermediary services have clearly defined responsibilities in preventing violations of copyright and related rights. However, in certain cases, intermediary businesses are exempt from legal liability for acts of infringement of copyright and related rights on the telecommunications network and Internet environment.

Above is the article “Legal Liability of Intermediary Service Providers for Acts of Infringing upon Copyright and related rights“. We hope this article is useful to you.

Notes when downloading images from free websites

Written by Editor VCD on 12 October, 2023. Posted in Copyright Registration, Photographic work.

Thanks to the internet, today we can easily access extremely rich and diverse image data sources. However, arbitrarily downloading what you want from the website and using it whenever you like is not recommended. The copyright owner still holds the copyright rights, unless otherwise provided by law. Therefore, if you use an image in your design work without permission, the owner can take legal action against you. Therefore, we invite readers to read this article about Notes when downloading images from free websites VCD websites.

1. Some general issues about image copyright

Currently, image copyright infringement is quite common, affecting the lives of the image owners. Image copyright law was issued with the role of protecting copyright for image owners, prohibiting and strictly handling acts of image copyright infringement.

According to the provisions of Article 14 of the Intellectual Property Law on types of works, “Photographic works” are protected by copyright. In particular, photographic works are prescribed in Article 14 of Decree 22/2018/ND-CP as a work that represents an objective image of the world on a light-catching material or on a medium on which the image is created, or can be created by chemical, electronic or other technical methods. Photographic works may or may not be captioned. Protected photographic works must be directly created by the person using his or her intellectual labor.

Therefore, image copyright can be briefly understood as the right to own and use an image of an individual or organization created by them for commercial or non-commercial purposes. All other organizations and individuals who use copyrighted images without the owner’s permission are violating image copyright.

2. Is downloading photos from free sites safe?

Many websites allow you to download photos for free without requiring the image to be copyrighted when used. However, using these free images has many risks because the website is often not the copyright owner. Those websites only distribute the content and are not legally responsible.

These free websites will always say that they will not compensate and are not responsible for any legal claims. Therefore, you need to be careful when using an image that is not created by you. Especially, if the image you use is for commercial purposes, you must carefully check the origin.

In addition, there is also the act of “copyright fraud”. Specifically, unconscious people will post their images on free-sharing websites. They will wait for others to download it, then delete it. Ultimately, these scammers will claim their image copyright has been violated.

3. Be careful when downloading images from free websites

After all, if the image is hosted in the Public Domain or under a Creative Commons license, you can use that image. If you do not fall into the above two cases, downloading images for use (personal or commercial purposes) is considered illegal. Even if you crop and edit the photo, you are still breaking the law.

In addition, there are software like Adobe Stock that provide millions of royalty-free images, videos, illustrations, and 3D products… that you can use in your projects. However, there are always some legal issues that you need to be aware of. It is always best to read the supplier’s terms and conditions carefully. That way you can avoid future risks.

However, determining the origin of an image as well as distinguishing between license types is very complicated. Therefore, users should buy copyrighted images from image supply sites to avoid headaches.

Above is the article “Notes when downloading images from free websites“. We hope this article is useful to you.

How will image copyright infringement in online business be handled?

The issue of image copyright infringement in online business

Written by Editor VCD on 11 October, 2023. Posted in Copyright Registration, Photographic work.

In the age of technology, online business and sales have taken place vibrantly and become a strong trend in the past few years. Many stores have invested time and effort to take photos and videos of products to advertise and provide customers with the most realistic images of the products. However, online advertising using images cannot avoid the risk of copyright infringement. Many online stores use other people’s images for their own business, affecting the reputation of the copied brand, as well as confusing customers.

1. Images are subject to copyright protection

Images are subject to copyright protection under Article 14 of the Intellectual Property Law under the name of photographic works. Article 14 of Decree No. 22/2018/ND-CP dated February 23, 2018, specifically stipulates as follows:

“Photographic works specified in this Article are works that represent objective images of the world on light-catching materials or on media where images are created or can be created by chemical or electronic methods. or other technical methods. Photographic works may or may not have captions.

The fact that brands and stores invest money, facilities, time, and effort to take product photos to advertise their products or brands means that the brand or store is the owner. of the photographs created and is the holder of copyright property rights. If others want to use their photos, they must get permission from that brand or store and pay royalties and other material benefits (if any) to them (According to the provisions of Article 20 (2) Intellectual Property Law), unless the parties agree otherwise.

From the above analysis, it can be seen that the act of taking photos of those brands and stores without permission or payment to use for business purposes is an act of copyright infringement.

2. How will image copyright infringement in online business be handled?

Using images in online business helps increase brand recognition and easily reach consumers widely and effectively. Many brands and stores have invested heavily in creating unique, impressive, and attention-grabbing images to promote their products and brands. However, many other online sellers copy that image and use it for their business purposes, deleting the original brand name and inserting their brand name. These people even have more sales interactions than the original brand.

The above action is an infringement of the copyright owner’s right to copy the work. According to Article 18 of Decree 131/2013/ND-CP, this behavior will be punished as follows:

“1. Fine from 15,000,000 VND to 35,000,000 VND for copying works without the permission of the copyright owner.

2. Remedial measures:

Forced removal of copies of infringing works in electronic form, on the network and digital environment or forced destruction of infringing material evidence for acts specified in Clause 1 of this Article.”

In addition, the act of cropping images and deleting the original brand name is also considered an infringement of the copyright owner’s right to create derivative works. According to Article 12 of Decree 131/2013/ND-CP, this behavior will be punished as follows:

“1. Fine from 5,000,000 VND to 10,000,000 VND for acts of creating derivative works without the permission of the copyright owner.

2. Remedial measures:

Forced removal of copies of infringing works in electronic form, on the network and digital environment for acts specified in Clause 1 of this Article.”

Above is the article “The issue of image copyright infringement in online business“. We hope this article is useful to you.