Author: Editor VCD

What is considered a co-author? What rights do co-authors have?

Written by Editor VCD on 10 October, 2023. Posted in Copyright Registration.

In the case of a work created by multiple authors, the people who work together on the work are called co-authors. More specifically, how is co-authorship understood and what rights does co-authorship have? To answer the above questions, we will present them specifically through the following article:

1. Concept of co-authorship

According to Article 12a of the Intellectual Property Law, authors and co-authors are regulated as follows:

“The author is the person who directly creates the work. In cases where two or more people directly create a work with the intention that their contributions are combined into a complete whole, those people are co-authors.

“A person who supports gives comments, or provides materials for others to create a work is not an author or co-author.”

In addition, according to Clause 2, Article 6 of Decree 22/2018/ND-CP, co-authors are explained as those who directly co-create part or all of a literary, artistic, or scientific work and other people, support, give comments, or provide materials for others to create works that are not recognized as authors or co-authors.

Thus, a co-author is a person who, together with at least one other author, directly creates a work to form a complete whole, regardless of those who support, contribute ideas, or provide materials. other.

2. Rights of co-authors according to the provisions of law

Depending on each specific case, co-authors may have different rights. Based on whether joint ownership can be divided or not, co-authors have different rights in the following two cases:

Co-authors create works where each person’s work can be separated for separate use without affecting the work of the other co-authors. In this case, the copyright to the work is considered similar to partially jointly owned property. At that time, the co-authors will have moral and property rights over that separate part.

Co-authors create works where each person’s performance cannot be separated for separate use. In this case, copyright over the work is similar to property under common ownership that cannot be divided. Moral rights and property rights to the work are jointly owned by all co-authors, therefore the exercise of moral and property rights to the work must be with the consent of all co-authors.

On the other hand, based on the distinction between the copyright owner being the author or another individual or organization investing in finance and facilities, co-authors have different rights in the following two cases:

The author is also the owner of the copyright: Co-authors are joint owners of literary, artistic, and scientific works and enjoy the rights of the author, including moral rights and copyrights. product. Suppose a person who is a co-author composes a separate part of a work that can be separated and used independently without prejudice to the parts of other co-authors. In that case, that author has full moral and legal rights. property rights to that particular part.

The author is not the copyright owner at the same time: If the work is created according to assigned tasks or under a work assignment contract from an agency or organization, the property rights belong to the assigning agency or organization. , and moral rights belong to the co-authors. Co-authors have the right to receive remuneration and royalties from the agency or organization that assigns the work. The copyright owner is the person to whom the rights are transferred by the author, then the co-authors hold one or several personal rights and property rights according to the agreement. Besides, especially for the right to name the work and the right to publish the work, which are moral rights, co-authors can agree with the copyright owner on who holds these rights.

At the same time, according to 12 (3) (a) of the Intellectual Property Law, the exercise of personal and property rights for works with co-authors must be agreed upon by the co-authors, except in cases where the work may be separated for independent use without prejudice to the shares of other co-authors or other laws providing otherwise.

3. Legal services supporting the transfer of copyright for works of Vietnam Copyright Development Company VCD

With a team of experienced legal experts, VCD is confident in supporting customers on issues related to the field of intellectual property, in general, to dispute and request regarding copyright transfer with the work in particular. With the motto of always protecting the legitimate rights and interests of customers, VCD tries and ensures to support customers and carry out work in the fastest, most timely, and effective way, regularly reporting on service progress work as well as providing a next action plan so that customers can easily monitor and evaluate work results. Customers can completely trust and feel secure when using VCD’s legal support services.

Above is the article “What is considered a co-author? What rights do co-authors have?”. We hope this article is useful to you.

Distinguish author – copyright owner?

Written by Editor VCD on 9 October, 2023. Posted in Copyright Registration.

From the perspective of Vietnamese intellectual property law, copyright holders include authors and copyright owners. Therefore, what is the difference between these two objects and why do they have to be divided like that? This article “Distinguish author – copyright owner” will analyze and clarify for readers to better understand these two subjects.

1. What is the author and copyright owner?

Regarding the author, Article 12 (a) of the Intellectual Property Law outlines the following concept:

A person who supports gives comments or provides materials for others to create a work is not the author or co-author.”

Regarding the concept of the copyright owner, Article 36 of the Intellectual Property Law stipulates: “A copyright owner is an organization or individual that holds one, several, or all of the rights specified in Article 19 (3) and Article 20 (1) of this Law.”

According to the Intellectual Property Law, copyright owners can be:

Author;
Co-authors;
Organizations and individuals assign tasks to authors or enter into contracts with authors;
Heirs of copyright;
Person to whom rights are transferred;
Government.

2. Distinguish between author and copyright owner

Depending on each case, the author and copyright owner may be one entity or two separate entities.

The copyright owner is also the author: This is the case where the author directly creates the work and uses his own financial, physical, and technical facilities in implementing the work because That subject is both the author and the copyright owner of the work. The author will have full moral and property rights to the work at that time. If a work is created by multiple authors, the co-authors are the owners and share the owner’s rights to the work. In addition, in cases where there are many co-authors and each separate part of an author’s work can be separated and used independently without prejudice to the parts of other co-authors, that author is the author. owner of that particular part.

The copyright owner is not also the author in one of the following cases:
- The owner is the individual or organization that enters into a contract or assigns tasks to the author of the work. When an organization assigns a task to create a work to a person within its organization, the person assigned that task is the author, and the organization is the copyright owner. An individual or organization enters into a contract with an author for the author to create a work, then that individual or organization is the copyright owner. Based on the financial investment and other physical and technical conditions for the creation of works, these subjects hold the property rights to exploit and use the following works. when the work is completed. The author’s moral rights still belong to the author who created the work.
- The owner is an individual or organization that inherits property according to the law on inheritance. Organizations and individuals who inherit copyrights are owners of property rights and personal rights specified in the Intellectual Property Law.
- The owner is the individual or organization to whom copyright is transferred. The basis for arising copyright ownership of the transferee is determined to be the effective time of the copyright transfer contract.
- The owner is the State. The State will be the subject enjoying copyright ownership of the work when the work is created by an agency using the state budget to order, assign tasks, or bid; the work has its copyright owner transferred to the State; The work is still under protection, but the copyright owner dies without an heir, or the heir refuses to receive the inheritance or is not entitled to the inheritance.

In cases where the copyright owner is not also the author, the author will hold moral rights including the right to name the work, have his name on the work, and protect the integrity of the work; The owner will retain the property rights and the right to publish the work or allow others to publish the work. However, concerning the right to name the work (which is one of the author’s rights), the author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of property rights. Therefore, the owner who is the individual or organization to whom copyright is transferred can hold the right to name the work in addition to other property rights.

Above is the article “Distinguish author – copyright owner?“. We hope this article is useful to you.

Is making meme photos considered copyright infringement?

Written by Editor VCD on 5 October, 2023. Posted in Copyright Registration, Photographic work.

Texting in today’s digital age is sometimes even more popular than calling. In addition to regular texting, texters often use emoticons (emoji) or stickers when texting with others, relatives, or friends. Sometimes words and stickers cannot fully express the feelings that the sender wants to convey, then “memes” are born. Memes can be created by users from their photos or using images from the internet or other people’s photos, so is using photos from other sources to make memes considered copyright infringement? Please read VCD’s “Is making meme photos considered copyright infringement?” following article for more detailed information.

1. Meme – A new term for young individuals

“Meme” is a broad term, including many images, videos, texts, or online content, which is often humorous and light-hearted, so it is often shared a lot on social networking sites. Memes are jokes based on irony, satire, or parody and often use different images or videos (such as GIFs) from various media available on the internet.

Regardless of their status, these memes are still shown in lovely, cute images and are not offensive images. Because of the cute images, these memes both express the sender’s emotions and show a unique sense of fun in the conversation.

The majority of memes on the Internet are spread by teenagers and young adults. This is because these two age groups like to convey messages, and also enjoy the mischief of memes. However, the average age of those participating in spreading memes has also increased, especially as users in their 40s discovered the humor of sending popular memes to their friends.

2. Intellectual property rights and memes

Meme culture is still out of coverage in the field of intellectual property rights protection in Vietnam. However, as with all other types of works, copyright automatically arises upon the creation of a newly created meme when the meme content is an original work of authorship, with a minimal degree of creativity. and is fixed in tangible expression. Copyright law gives the original creators of the meme or the owners of the media channels using the meme the exclusive rights to copy, modify, distribute, post, and use the meme. Therefore, making a meme from someone else’s photo can sometimes constitute a copyright violation in Article 28 of the IP law on infringement of the author’s moral rights “Protecting the integrity of the work from revealing it to others distorted; do not allow others to modify or mutilate the work in any form that harms the author’s honor and reputation” when there is an act of modifying the original work, then using, sharing, or copying it. Copy to repost multiple times.

In addition, businesses today often use memes as a marketing tool to attract customers’ attention and catch the trend of young people. When a meme is used for commercial purposes, the legal owner of the meme can obtain trademark rights.

3. Is making meme images considered copyright infringement?

In general, making and sharing memes online is considered safe and unlikely to be used. However, when memes are used for commercial purposes (such as printing memes on clothes and selling them) without the permission or license of the rightful owner, such activity will be considered illegal in copyright infringement. Regulations in Article 28 of the Intellectual Property Law on infringement of property rights are specified in Article 20 of the Intellectual Property Law.

“Distributing, importing for distribution to the public through sale or another form of transfer of ownership of originals or copies of works in tangible form”.

All in all, if you are making and sharing memes on social media or other platforms on the Internet, IP infringement is not a concern. However, any attempt to monetize a meme owned by someone else could result in legal action by the copyright or trademark owner. Therefore, the first thing to consider is the verification of ownership and intellectual property rights, such as licensing agreements when choosing non-original content for commercial use, advertising, or making derivative works.

Above is the article “Is making meme photos considered copyright infringement?”. We hope this article is useful to you.

Is making a painting or an illustration from photographic work considered copyright infringement?

Written by Editor VCD on 4 October, 2023. Posted in Copyright Registration, Photographic work.

A picture could be inspired by photographic works. However, is using another person’s existing photography work as a model for a painting considered a violation of copyright? We would like to explain this issue below.

1. The nature of drawing or recreating paintings from photographic works

In this day and age, taking photos is no longer difficult because almost everyone owns a smartphone that can take photos and easily upload them online. For artists and painters, photos are a very rich, useful, and valuable source of information, because photos can record samples quickly, conveniently, meticulously, and accurately to every detail, especially fast-moving objects such as animals, vehicles, or objects that change over time, and the ability to depict light as close to reality as possible. Therefore, it is not difficult to see artists using photos as documents or models to copy into paintings today.

However, before copying sample photos into paintings, artists need to pay attention to some provisions of intellectual property law related to photographic works. Because, from the perspective of intellectual property, copying a photographic work into a painting is considered a derivative work and this work must be approved by the author of the photographic work. This is explained as follows:

According to the provisions of Article 14 (1) (h) of the Intellectual Property Law, photographic works are a type of work protected by copyright. To better explain photographic works, Decree 22/2018/ND-CP stipulates in Article 14 as follows: “Photographic works specified in Article 14 (1) (h) of the Intellectual Property Law are a work that represents an objective image of the world on a light-emitting material or on the 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.”

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, adaptation, adaptation of music, and other adaptations (Article 4, Clause 8 of the Intellectual Property Law). Therefore, the adaptation of an image from a work of photography into a work of fine art of painting or graphic art is the performance of a derivative work.

The right to create derivative works is one of the property rights of the author and copyright owner as stipulated in Article 20 of the Intellectual Property Law. Authors and copyright owners have the exclusive right to exercise or allow other organizations and individuals to exercise this right. Accordingly, organizations and individuals who want to make derivative works must obtain permission from the copyright owner and pay royalties and other material benefits (if any) to the copyright owner. author.

2. Is drawing or re-graphing pictures from someone else’s photography work considered a violation of copyright?

It can be seen that drawing or re-graphing pictures from another person’s photography work is considered copyright infringement if the person doing it does not ask permission from the author of the photography work or does not pay copyright to the author. author, copyright owner.

Specifically, according to Article 28, Clause 2 of the Intellectual Property Law, an action is considered to infringe copyright if it infringes on property rights belonging to the copyright, including the right to make derivative works.

According to Article 12 of Decree 131/2013/ND-CP stipulating penalties for administrative violations of copyright and related rights, people who commit acts of infringing the right to make derivative works will be handled 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 the acts specified in Clause 1 of this Article.”

For the above reasons, artists and illustrators should note that if they want to use photos as models to copy, draw, or draw graphics into paintings, they must ask permission and pay copyright penalties to the author and owner copyright of that photo.

Above is the article “Is making a painting or an illustration from photographic work considered copyright infringement?“. We hope this article is useful to you.

How to protect copyright for choreography?

Written by Editor VCD on 3 October, 2023. Posted in Choreography works, Copyright Registration.

Choreography is a type of performing art. Choreography is expressed in many different forms such as modern dance, hip-hop dance, ballet, contemporary dance, tap dance, etc. Therefore, are dance works protected by copyright or not and how is it protected?

1. Dance works are protected by copyright according to Vietnamese law

Dance is an art form that uses body movements to music to express certain content and ideas to the public. Dance works can be known as independent performance works, or used in combination in musicals, movies, on folk stages, etc.

Choreographic works are one of the subjects protected by copyright under Clause 1, Article 2 of the Berne Convention for the Protection of Literary and Artistic Works. At the same time, according to Vietnamese law, choreography is identified as a form of performing art and is classified as a theatrical work, a type protected by copyright (Article 14, Clause 1 of the Law Intellectual Property). More specifically, Clause 1, Article 11 of Decree 22/2018/ND-CP lists as follows:

“Theatrical works specified in Article 14 (1) (dd) of the Intellectual Property Law are works of the performing arts type, including aulacese opera, puppetry, spoken plays, folk plays, physical theater, musicals, circus, comedy, vaudeville and other forms of performing arts.”

The creators of a choreographic work are those who are entitled to copyright and related rights, including performers, screenwriters, choreographers, music composers, and designers of art, sound design, lighting, stage art, prop design, effects, and other creative works for the works. Organizations and individuals that invest in finance, physical, and technical facilities to produce cinematographic works and theatrical works are the owners of property rights and moral rights associated with property rights such as the right to make names and publication of the works.

2. Conditions for copyright protection for choreographic works

To be protected by copyright, choreographic works must meet the following conditions:

The work must be original. Originality means that the work must be formed from the author’s creative labor, not copied from a whole or part of another work.

The work must be shaped in a certain physical form. That means, a choreographic work must be completely designed and choreographed from content to form, form a theatrical work, or be recorded to qualify for protection. Individual dance movements are not considered theatrical work and are not protected by copyright. In addition, choreographers and screenwriters can record their scripts, ideas as well and implementation steps in writing for more complete protection. If the work is only in the form of thoughts and ideas and has not been put into practice, it is not protected.
Conditions on the subject of copyright: Being a Vietnamese or foreign organization or individual whose work is published for the first time in Vietnam but has not been published in any other country; is a Vietnamese or foreign organization or individual whose work is published simultaneously in Vietnam within 30 days from the date that work is first published in another country; are foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which Vietnam is a member.

Above is the article “How to protect copyright for choreography?”. We hope this article is useful to you.

Do accommodation, dining, and entertainment service establishments using songs during business opening hours have to pay royalties or not?

Written by Editor VCD on 2 October, 2023. Posted in Copyright Registration.

Hotels, restaurants, cafes, supermarkets, and entertainment areas during business opening hours are often indispensable in using musical works to create atmosphere, add highlights, and help attract customers to create comfort, ease, and fun for them. Using appropriate music in each space with a certain theme is a method to increase service quality, impress customers, make customers buy more, use more services, and have a good experience to come back next time. Two common forms that can be mentioned today are using audio, and video recordings to play background music and performing directly at business establishments. Whether using musical works for commercial purposes as above requires paying royalties or not, we would like to clarify in the article “Do accommodation, dining, and entertainment service establishments using songs during business opening hours have to pay royalties or not?” below.

1. Legal regulations on the use of audio and video recordings for commercial purposes

According to Article 33 of the Intellectual Property Law, cases of using published audio or video recordings do not require permission but must pay royalties and information about the audio or video recordings include:

Organizations and individuals using published audio or video recordings for commercial purposes for sponsored broadcasts, advertising, or collecting money in any form;

Organizations and individuals that use published audio or video recordings for commercial purposes to broadcast without sponsorship, advertising, or collection of money in any form;

Organizations and individuals use published audio and video recordings for commercial purposes in business and commercial activities.

Article 32 of Decree 22/2018/ND-CP specifically explains the above cases, in which the case of using audio or video recordings that have been announced in business and commercial activities is the organization of individuals directly or indirectly use published audio and video recordings for use at restaurants, hotels, stores, and supermarkets; establishments providing karaoke services, postal services, telecommunications, and digital environment; in tourism, aviation, and public transportation activities.

Thus, establishments providing accommodation, food, and entertainment services when using musical works during business opening hours are required to pay royalties to performers and record producers, audio, video recording, and broadcast organizations since its use. The royalty level and payment method are agreed upon by the parties. In case an agreement cannot be reached, it shall comply with the Government’s regulations. At the same time, the use of audio and video recordings as above must not conflict with the normal exploitation of performances, audio or video recordings, or broadcasts and must not cause unreasonable damage. to the legitimate interests of performers, audio and video recording producers, and broadcasting organizations.

However, is it true that these businesses have purchased original copyrighted tapes and discs, audio and video recordings that have been legally released online to play background music while opening for business? Pay additional royalties for using the work in business activities? Because there is a difference in nature between listening to and viewing regular works and using them in business activities to create profits, there is also a big difference in copyright fees. Vietnamese law does not have clear regulations on this issue. Therefore, businesses and legal owners of audio and video recordings should proactively learn and contact each other to agree on royalties.

2. Regulations on performing musical works

According to Article 25, Clause 1 (g) of the Intellectual Property Law, using published works to perform theatrical works, music, dance, and other types of artistic performances in cultural events and activities. Propaganda activities for non-commercial purposes do not require permission or pay royalties but must provide information about the author’s name and the origin of the work.

The right to perform a work is one of the property rights under copyright. Authors and copyright owners have the right to “Perform their works to the public directly or indirectly through audio or video recordings or any other technical means at a place where the public can access them accessible”, but the public cannot freely choose the time, and each part of the work” (Article 20, Clause 1, Point b of the Intellectual Property Law).

At the same time, Article 20, Clause 2 of the Intellectual Property Law also stipulates that when organizations and individuals exploit and use performance rights, they must obtain permission from the copyright owner and pay royalties and other fees. Other material benefits (if any) to the copyright owner.

From the above regulations, accommodation, catering, and entertainment service establishments that organize musical performances do not have to ask for permission or pay royalties only if that performance brings The nature of cultural activities and propaganda activities is not for commercial purposes. For the rest, the above business establishments organizing music performances, whether with or without a fee, to attract many customers to use the service to make a profit, must be permitted by the Department of Justice copyright owner and pay royalties and other material benefits (if any) to the copyright owner.

Above is the article “Do accommodation, dining, and entertainment service establishments using songs during business opening hours have to pay royalties or not?”. We hope this article is useful to you.

Can remix music be copyrighted and registered?

Written by Editor VCD on 29 September, 2023. Posted in Copyright Registration, Musical work.

When songs are old or boring, young people tend to remix them to create a different version of the song. When remixed, the songs will have better sound quality, and impress the audience more. Young individuals always have a crush on something unique and new, so remix songs always attract and appeal to many young people today and are also suitable for the market and current music trends. However, can such remix songs be copyrighted? Please follow “Can remix music be copyrighted and registered?” VCD’s article below for more details.

1. What is remix music?

The Remix music genre is certainly no stranger to today’s youth because of its vibrant, joyful, and bustling melodies that are completely different from traditional music genres such as Pop, Ballad, Bolero, …

To put it simply, remix music is music that is re-arranged or remade from the original music to suit the artist’s purpose, creating a new, more perfect version. This term appears in music and is used in film, literature, poetry, video, photography, etc. People often edit speed, rhythm, intensity, and pitch when remixing, balance, timing of the music, and many other factors to create a catchy, vibrant melody suitable for the audience’s tastes.

Additionally, the track can rework most musical elements, depending on the remixer. That’s why artists always create countless different remixes, each song has a different way of feeling for each person.

Instead of the audience listening to the same original song over and over again, no matter how popular that song is, it must seem boring and no longer as exciting as at first. Right now, the remixer will remix the original song, refreshing the song, creating curiosity, and increasing emotions for the listener.

2. Is remix music a derivative work?

Remix music is considered a derivative work of the original song. According to Clause 8, Article 4 of 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, annotations, selections, arrangements, musical adaptations, and other adaptations”.

A remix song is a “derivative” work from the original song if it satisfies the following signs:

Formed based on inheritance from an existing work;

Derivative works are not copies of the original work: copyright law does not protect the content of an idea, but only the form of expression of the idea. Therefore in many cases, the form of expression of the derivative work must be completely or partially different from the form of expression of the original work;

There is creativity: the creativity of a remix song is shown in the selection, arrangement of rhythm, and addition of new sound effects to express the song’s content as in the original work; Remix music is directly created by the author using his or her intellectual labor without copying from others;

Imprint of the original work in derivative works: even if the derivative work is created, it must still have the imprint of the original work. This means that when recognizing a derivative work, the public must associate it with the original work. This association is expressed through the lyrics, melody, etc. of the original song.

Authors of derivative works are only protected for original content created by them, and derivative works are only protected if they do not prejudice the copyright of the work used for derivative purposes. The creation, exploitation, and use of derivative works must be authorized by the owner of the original work.

Therefore, to the question of whether remix music is a derivative work, the answer here is yes, provided that it meets the signs of a derivative work as presented above.

3. Can remix music be copyrighted?

Remix music is protected by copyright as a derivative work when it meets the following four conditions:

Without prejudice to the copyright of the original work: According to Clause 2, Article 14 of the Intellectual Property Law, derivative works are only protected if they do not prejudice the copyright of the work used to make derivative works.

Must be directly created by the author of the derivative work: Clause 3, Article 14 of the Intellectual Property Law stipulates that protected derivative works must be directly created by the author using his or her intellectual labor without any damage copy from other people’s work.

With permission from the author, the copyright owner of the original work: Article 28 of the Intellectual Property Law stipulates that derivative works must have the permission of the author, the copyright owner of the original work. In the absence of the author’s consent, the copyright owner will be considered an act of copyright infringement (Unless the derivative work falls into the cases in Article 25 and Article 26 of the Intellectual Property Law). wisdom).

Must have the unique stamp of the author of the derivative work: Derivative works are works created based on the original work. Therefore, for a derivative work to be protected, it must be creative, new, and bear the stamp of the author who created the derivative work.

Therefore, remix music works must meet the above conditions to be registered for copyright protection.

Above is the article “Can remix music be copyrighted and registered?”. We hope this article is useful to you.

Why you should avoid watching movies on the “piracy” web?

Written by Editor VCD on 28 September, 2023. Posted in Copyright Registration, Dramatic work.

Instead of having to pay a sum of money to go to theaters or watch movies on copyrighted websites such as Netflix, HBO Go, and Apple TV+…, a person can easily go to Google to find and watch a movie through non-owned websites of manufacturers, unofficially for the price of “free”. Because of “free”, and due to not clearly understanding intellectual property law and the dangers lurking afterward, many audiences are still not aware that watching movies without paying on these websites is wrong. VCD’s following article will state more clearly the reasons why audiences should not watch movies on “pirated” websites.

1. What is a “pirated” movie website?

The “pirated” movie website is not the producer’s official website but has re-posted those movies, TV shows, and entertainment programs without asking for permission or paying for the movie’s copyright from the manufacturers. These websites have copied, spliced, re-translated dialogue, shown and communicated cinematographic works to the public without the permission of the rights holders, and at the same time conducted the business of advertising products, and other services on the website and inserting ads into movies to gain illegal profits.

2. Are “pirated” movie websites operating illegally?

According to Article 14 of the Intellectual Property Law, “cinematic works and works created by similar methods” are protected by copyright. Posting movies publicly on “pirated” websites is a form of copyright infringement on cinematic works. Specifically, the above acts violate the right to distribute works and the right to communicate works to the public by wireless, electronic information networks, or any other technical means, including providing the work to the public in a way that the public can access at a place and time of their choosing (According to Article 20 and Article 28 of the Intellectual Property Law).

The act of not asking for permission or paying royalties but distributing and communicating the work to the public is an act that causes economic loss to the producer and those involved in making the cinematographic work. Not only that, but the above behavior also eliminates the development motivation of the film market in particular and the market of other creative works in general.

According to current regulations, this act can be administratively handled or even prosecuted for criminal liability (Article 211, Article 212 of the Intellectual Property Law) depending on the nature and extent of infringement, specifically:

Regarding administrative handling, according to Article 15 and Article 17 of Decree 131/2013/ND-CP, the act of distributing pirated films can be fined from 10-30 million VND.
Regarding criminal proceedings, the act of publicly showing and posting non-copyrighted cinematographic works is an act showing signs of the crime of “infringement of copyright and related rights” as stipulated in Article 225 of the Ministry of Justice. Criminal Law 2015 was amended and supplemented in 2017.

Therefore, it is illegal for pirated Vietnamese film sites to arbitrarily copy cinematographic works in domestic or foreign production, make Vietnamese captions and subtitles, and then post them for illegal profit without the permission of the owner (domestic or foreign) permission is an act of copyright infringement and must be held responsible before the law.

3. Reasons not to watch movies on “pirated” websites

“If entertainment movies are considered food for the mind, then pirated websites are toxic “restaurants” that sell dirty food. Even if they give it away for free, why give it away for free?” Therefore, audiences should not watch movies on “pirated” websites for the following reasons:

Firstly, watching low-quality “pirated” movies makes the viewer’s experience incomplete. When these websites steal movies from producers, of course, they will never guarantee sharp 4K or 1080 HD images like in theaters or online applications. At the same time, “pirated” movie copies can also be cut, re-edited, and have commercials inserted, making viewers uncomfortable.

Secondly, there are potential dangers for users on “pirated” movie sites. Many pirated movie sites have malicious code installed or come with links leading to sites containing malicious code to serve personal agendas. Many pirated movie sites also turn the movie site into a “general” site, along with the movie they also run ads offering online gambling, sports betting, especially soccer betting…

Thirdly, watching movies on “pirated” websites is aiding in wrongdoing. Watching movies without paying a fee means that studios and websites that buy movie rights do not make a profit, cannot compensate for the investment they made to produce the movie before, and do not have enough funds to pay for it. pay salaries to actors, directors, and those involved in film editing. In addition, cinematic works are the brainchild of the creators. Watching movies without paying makes the filmmakers feel that their efforts are not appreciated, thereby failing to create motivation. Creativity and development to create valuable works. In Vietnam, if there are still people who assist and do not thoroughly handle the above violations, the domestic cinema industry will no longer be able to compete with foreign cinema industries and will have no opportunity or motivation to develop.

Above is the article “Why you should avoid watching movies on the “piracy” web?“. We hope this article is useful to you.

Is the use of cracked software illegal?

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

Official software often has very high usage fees, which makes computer users afraid and often look for another way to “circumvent the law”, which is using cracked software. Cracked software is increasingly popular because when using such software, users will not have to pay a fee but can still use all the functions. However, this can pose potential risks to customers. A question arises: Is it considered illegal for users to use crack software? Please follow our article below.

1. What is crack software?

Vietnamese law does not have a clear definition of “Cracked software.” Cracking can be imagined as the act of a programmer cracking the code to secretly access software, steal software, and make a software product copyrighted and have to pay a fee to be able to use it. The app becomes free when activated.

In short, cracked software is most simply understood as paid software that has been cracked. When using cracked software, users can use all functions for free, all functions, and no time limit.

2. Why is cracked software used by many people?

One of the first and biggest benefits for crack software users is to use all functions for free without limitations. Some paid applications cost from tens of thousands to tens of millions a year to use. Therefore, using cracked software will reduce the amount of money spent.

In addition, having cracked files will help install software comfortably and quickly. As well as being easy to share with many users, there is no need to buy the same software multiple times to install it on many different computers.

3. Is using cracked software illegal?

The law prohibits all methods of copying, illegally using software, or unlocking software without the permission of the intellectual property owner. Therefore, using unlicensed software is a violation of the law. In all cases, the issue of intellectual property protection is always the greatest concern.

Crack not only harms the stability of the system, but also poses the risk of losing important information and inconvenience caused by hidden destructive programs, and most especially, has a very negative impact on the system and user awareness. Not only that, the above act is also a violation of the law because computer programs are one of the objects included in the types of works protected by copyright under Article 14 of the Intellectual Property Law.

“Crack” is an intervention action to disable the manufacturer’s copyright protection feature. Therefore, the above act is an act of copyright infringement according to the provisions of Clause 4, Article 28 of the Intellectual Property Law as follows:

“4. Intentionally canceling or invalidating effective technological measures implemented by the author or copyright owner to protect the copyright of their work to perform the acts specified in this Article and Article 35 of this Law”.

The act of intentionally canceling or disabling technical and technological measures taken by the copyright owner to protect the copyright of his or her work may be subject to administrative sanctions at a maximum level. Fine from 5,000,000 VND to 10,000,000 VND (according to Article 20 of Decree 131/2013/ND-CP).

Downloading and using cracked software is a violation of copyright. More specifically, it is considered the act of copying and using computer software without asking for the owner’s permission and paying royalties as prescribed in Clause 2, Article 20 of the Intellectual Property Law.

“Organizations and individuals, when exploiting and using one, several or all of the rights specified in Clause 1 of this Article and Clause 3, Article 19 of this Law, must obtain permission from the copyright owner and pay Royalties and other material benefits (if any) to the copyright owner.

Acts of infringing on the right to copy a work without the permission of the copyright owner may be subject to administrative sanctions with a fine ranging from 15,000,000 VND to 35,000,000 VND (according to Article 18 of Decree 131) /2013/ND-CP).

Using cracked software means copyright infringement, and when discovered, you will be responsible for the violation. According to the Intellectual Property Law, acts of infringing intellectual property rights may be subject to administrative sanctions or criminal prosecution with elements constituting a crime. However, the use of crack software in Vietnam is very common and frequent, with almost no management. From now on, the use of the above violations in Vietnam will be handled. needs to be applied, and made more stringent.

Above is the article ” Is the use of cracked software illegal??”. We hope this article is useful to you.

“Licensing” copyright, related rights

Written by Editor VCD on 26 September, 2023. Posted in Copyright Registration, Copyright-related rights.

In the profound and comprehensive innovation process in our country today, along with the general development of society, transactions on intangible intellectual assets are increasingly diverse, and the rich have an especially important unique position in the modern economy. One of the common transactions regarding intellectual property rights is licensing (also known as transferring use rights) of copyright and related rights. How are copyright licenses and related rights understood and what is the legal nature of this type of contract, all will be clarified in our article.

1. Concept of licensing copyright and related rights

License is a word derived from the Latin word “Licentia” which means permission, license, or exclusive license to use a certain object. The pronunciation of “license” is transliterated from the French word “License”.

Licensing is understood as an organization or individual holding the exclusive right to use an object of copyright or related rights (the party transferring the license – often called the transferor) allowing another organization, individual, or organization to use it. (The Party receiving the rights to use – often called the Recipient) uses the subject matter related to its copyright and related rights. Permitting the use of copyright and related rights is usually done through a written contract, in which the two parties clearly define the content, purpose, territorial scope, and time limit for transferring the rights. use copyright and related rights.

In the current Vietnamese Intellectual Property Law, the above transaction is mentioned under the term “use rights transfer contract”, specifically in Article 47, Clause 1 stipulates: “Transfer of copyright, related rights is the copyright owner or related rights owner allowing other organizations or individuals to use one, several or all of the rights specified in Clause 3, Article 19, Article 20, for a limited period of time. Clause 3, Article 29, Article 30, and Article 31 of this Law.” However, in practice and in some other legal documents, the term “license contract” is still widely used.

Regarding the object of the contract, the object of a copyright and related rights licensing contract is usually the licensing of the copyright owner’s property rights to the work. Copyright includes personal rights and property rights, in which personal rights are rights that are always attached to the copyright owner and cannot be transferred except the right to name the work and the right to publish. work or allow others to publish the work. However, the right to name a work and the right to publish a work can in fact only be exercised once, so those moral rights are not considered to transfer the right to use copyright or related rights. In addition, in case the work has not been published, before or during the conclusion of the license contract, it is necessary to sign a contract to transfer the right to publish the work to best ensure the exploitation and publication of the using of work by the licensee.

Therefore, it can be understood that licensing copyright and related rights is the transfer of use rights by the copyright owner or related rights owner, allowing other individuals or organizations to use for a period of one, or all property rights according to the provisions of Intellectual Property Law.

2. Notes when licensing copyright and related rights

Normally, when licensing copyright and related rights, the licensor and licensee must pay close attention to the following issues to best protect their legitimate rights and interests when proceeding. transfer act.

Regarding limitations on rights to transfer usage rights:
- The author may not assign personal rights, including the right to have his or her real name or pseudonym on the work, the right to have his or her real name or pseudonym mentioned when the work is published or used, and the right to protect the integrity of the work. Do not allow others to distort; The right not to allow others to modify or mutilate the work in any form that is harmful to the author’s honor and reputation;
- Performers may not assign moral rights, including being introduced by name when performing, when releasing audio or video recordings, or broadcasting the performance; The right to protect the integrity of the representation to prevent others from distorting it; The right not to allow others to modify or mutilate in any form that harms the performer’s honor and reputation.

Regarding co-ownership, in cases where works, performances, audio recordings, video recordings, and broadcast programs have co-owners, the transfer of copyright and related rights must be agreed upon. of all co-owners; In cases where there are co-owners but the work, performance, audio recording, video recording, or broadcast program has separate parts that can be separated for independent use, the copyright owner, the owner-related rights holders can transfer the right to use copyright and related rights for their particular part to other organizations or individuals. This is an issue that the licensor and the licensee must pay close attention to before transferring the use rights.

Regarding the transfer of use rights to other organizations and individuals: organizations and individuals that have been transferred the right to use copyright and related rights can transfer the use rights to other organizations and individuals with the consent of the copyright owner. copyright owner, related rights owner.

Understanding the nature and notes when conducting copyright and related rights licensing transactions is extremely necessary. Hopefully the article “Licensing copyright and related rights” will help provide the most complete information about the legal aspects of this transaction to readers.