Author: Editor VCD

ANNOUNCEMENT: Regarding receiving authorization to collect copyright fees from singer Yanbi

Written by Editor VCD on 21 November, 2023. Posted in Copyright Registration.

Singer Yanbi is one of the famous singers in the Undergroud world, and one of the works that made singer Yanbi’s name is the song “Thu cuoi” which is popular to this day. Regarding the issue of song copyright fees, VCD has a few announcements as follows:

On May 11, 2023, the music copyright management authorization contract between Yanbi and the Vietnam Music Copyright Protection Center (“VCPMC”) was liquidated.

From May 12, 2023, Vietnam Copyright Development Joint Stock Company (“VCD”) will represent Yanbi in managing and trading copyrights for works authored and owned by Yanbi. Co-author under Copyright Management Cooperation Contract No. 16523/HDHT-VCD dated May 16, 2023.

Therefore, all work related to the management and sale of copyright for works that Yanbi legally owns will be represented and in charge of VCD. Partners, organizations and individuals who wish to request permission to use and pay copyright fees for works authored and co-authored by Yanbi, please contact VCD for support and resolution.

Once again, VCD thanks singer Yanbi for his trust and wishes singer Yanbi more and more success on his career path.

Best regards./.

Conditions for transferring copyright and related rights

Written by Editor VCD on 20 November, 2023. Posted in Copyright Registration, Copyright-related rights.

In addition to regulating the protection mechanism for intellectual property objects, the law also allows owners the right to seek profits through the transfer of copyright and related rights. Therefore, what are the conditions for transferring copyright and related rights?

I. Conditions for transferring copyright and related rights

According to the provisions of the Intellectual Property Law, the copyright owner and related rights owners have the right to transfer their ownership rights to copyright and related rights. However, when transferring copyright and related rights, the parties need to meet the following conditions:

The author may not assign moral rights; except the right to publish the work.

Performers may not transfer personal rights such as the right to be introduced by name when performing, when releasing audio or video recordings, or broadcasting the performance; Protect the integrity of the performance image, do not allow others to edit, mutilate, or distort in any form that harms the performer’s honor and reputation.

II. Subjects of transfer of copyright and related rights

1. For copyright, the copyright owner has transferred ownership of the rights

Publish the work or allow others to publish the work;

Making derivative works;

Performing works in public;

Copying works;

Distributing or importing originals or copies of works;

Communicate works to the public by wire, wireless, electronic information networks, or any other technical means;

Rent originals or copies of cinematographic works and computer programs.

2. For related rights, the owner of related rights is transferred ownership of the following rights:

Shape your live performance on audio and video recordings;

Directly or indirectly copy your performance that has been fixed on audio or video recordings;

Broadcast or otherwise transmit to the public its performance not in a format that is accessible to the public; except where the performance is for broadcast purposes;

Distributing to the public originals and copies of their performances through sale; rented or distributed by any technical means accessible to the public.

Broadcasting, re-broadcasting its broadcasts;

Distribute to the public its broadcasts;

Shape your broadcast;

Copy your broadcast format.

III. Producers of audio and video recordings have the exclusive right to exercise or allow others to exercise the rights:

Directly or indirectly copy your audio or video recordings;

Import and distribute to the public originals and copies of sound recordings; Record your videos through sale; rent or distribute by any technical means accessible to the public.

Broadcasting organizations have the exclusive right to exercise or permit others to exercise the rights:

Broadcasting, re-broadcasting its broadcasts;

Distribute to the public its broadcasts;

Shape your broadcast;

Copy your broadcast format.

Note: In the case of works; performances, audio recordings, and video recordings; If a broadcast program has co-owners, the transfer must have the agreement of all co-owners. In case there are co-owners of the works; performances, audio recordings, video recordings; broadcast programs have separate parts that can be separated and used independently, the copyright owner; The owner of related rights has the right to transfer copyright and related rights for his or her separate portion to other organizations or individuals.

Above is the article “Conditions for transferring copyright and related rights”. We hope this article is useful to you.

Analysis of the case of singer D.T’s manager suing three Vietnamese singers

Written by Editor VCD on 17 November, 2023. Posted in Copyright Registration.

In recent days, the online community has been abuzz with the news that manager H.T – manager of singer D.T – sued three Vietnamese singers T.T, D.E, and B.C over copyright issues. Therefore, what will this case look like from the perspective of Intellectual Property Law in general? Please follow VCD’s article below.

1. Overview of the incident

At the end of 2022, manager D.T. once said that D.E. asked for permission to cover 3 songs Rain on Love, Unrequited Love, and Love in the Rain but only agreed to let the male singer upload the recording to YouTube. Do not agree to use it for performance purposes. According to Mr. H.T., all three of these songs were performed by D.E. at many different shows without permission. The same incident happened with singers T.T and B.C.

Singer D.T.’s manager confirmed that despite warnings, some singers still blatantly use it. Therefore, singer D.T.’s management team used a lawyer to sue singers like D.E., T.T., and B.C. In addition, YouTube has also removed posts that were used illegally.

After posting the information on his page, T.T.’s manager contacted him to apologize and bear the cost of hiring a lawyer. Meanwhile, singer D.T.’s manager withdrew the lawsuit.

Then, on the afternoon of October 30, singer B.C’s YouTube channel management unit also contacted singer D.T’s company to apologize and pay the lawyer’s fees, so they also withdrew the lawsuit.

As for D.E.’s case, boss H.T. said he would sue until the end, citing repeated contacts without response.

2. Legal issues raised

2.1. Does singer D.T. have the rights to these three works?

During the 90s and 00s, Chinese music with Vietnamese lyrics was like a fever that swept across the North – Central – South regions of our country. It can be said that all newspapers, media, radio, and people’s music listening habits at that time always prioritized Chinese music with Vietnamese lyrics. Along with that trend, it is impossible not to mention singer D.T. whose works Rain on Love, Unrequited Love, and Love in the Rain have captivated many generations. In the past two years, the appeal of Chinese songs with Vietnamese lyrics has exploded again with the performance of many young singers, leading to the attraction of old songs. Unfortunately, along with this strong comeback, many issues related to music copyright occurred. So, first of all, does singer D.T. have the rights to these 3 works?

As for the music, all three of these works originate from Chinese music. As for the lyrics, all three works have been popularized into Vietnamese lyrics. According to the Intellectual Property Law, all three of these works are derivative works (Clause 8, Article 4 of the Intellectual Property Law) and are subject to copyright protection. A work does not need to be registered as copyright to be protected by law, but copyright arises from the moment the work is created and is expressed in a certain physical form, regardless of the nature of the work distinguishes between content, quality, form, media, language, published or unpublished, registered or unregistered.

In case singer D.T. proves that these works have the consent of the author or owner to be used as derivative works and proves that he is the author or owner of the above three derivative works then singer D.T. has the rights to 3 works. And one of the most convincing grounds to prove your rights is a Copyright Certificate. Without a Registration Certificate, singer Dan Truong will have to prove that he is the author or copyright owner. The author of the work with many documents and evidence clearly shows the time of completion of the work and the reliability of these documents and evidence before the competent authority to resolve the dispute.

In case singer D.T cannot prove that the above works have the consent of the author or owner to make derivative works and can prove that he is the author or owner of the three derivative works above, there will be no rights to these three songs and no basis to sue the three singers above.

2.2. Do singers T.T, D.E, and B.C have the right to sing the above three works?

According to research, at the end of 2022, singer D.T.’s manager agreed to let the three singers upload the recordings of three songs Rain on Love, Unrequited Love, and Love in the Rain but did not agree. Use for performance purposes only. However, Point a, Clause 1, Article 26 of the Intellectual Property Law stipulates that in cases of using published works, permission is not required but royalties must be paid, and information about the author’s name and origin must be provided. of works include:

“a) Broadcasting organizations use published works or works that have been permitted by the copyright owner to be recorded on public audio or video recordings for commercial purposes for sponsored broadcasting, Advertising or collecting money in any form does not require permission, but royalties must be paid to the copyright owner from the time of use. Royalty level and payment method are agreed upon by the parties; In case an agreement cannot be reached, the Government’s regulations shall be followed.”

Thus, according to the Intellectual Property Law, the three singers above have the right to sing these songs without permission, but must pay copyright fees to the author or owner of the song from the time of use. and the amount of money will be decided by agreement between the two parties. In case an agreement cannot be reached, it will be based on Clause 3, Article 34 of Decree 17/2023 detailing several articles and measures to implement the Intellectual Property Law. Intellectual property rights and related rights:

“3. The royalty distribution ratio in case audio or video recordings are used according to the provisions of Clause 1, Article 26, and Clause 1, Article 33 of the Intellectual Property Law shall comply with the agreement of the copyright owner. , the performer, and the owner of the relevant rights to that audio or video recording. In case an agreement cannot be reached, the division shall be made according to the following ratios: Copyright owners receive 50%, performers receive 25%, owners of related rights to sound recordings, and video recordings receive 25% of the total royalties collected.

2.3. Is it right or wrong that singer D.T. and his management company asked YouTube to remove D.E.’s videos that use the above three songs?

After receiving apologies from singers T.T and B.C, singer D.T’s management company took a more positive attitude and withdrew the lawsuit. However, this does not apply to singer D.E. Therefore, boss H.T. had a strong statement “resolute to the end” and asked singer D.E. to remove videos using the song on YouTube.

According to research, to be able to use the three songs Rain on Love, Unrequited Love, and Love in the Rain, the management companies of singer D.T. and singer D.E. must have separate service contracts. Accordingly, the terms related to the use of the above three songs must be specified. However, singer D.E still “blatantly” used and performed at music live shows, posted on YouTube, and touched the “reverse scales” of the representative of singer D.T’s management company, making him H.T elected to request YouTube to remove the video using the above three songs. Is this violating the rights under the Contract agreement of both parties?

Although it is possible that in this case, singer D.E. committed a violation, it is not certain that manager H.T.’s act of asking YouTube to remove the song was correct because if there was a violation, it must be handled according to regulations. of the law and manager H.T. as well as singer D.T.’s management company can only request removal if this is mentioned in the Contract between the two parties. Thus, it is necessary to emphasize that once the parties have entered into a contractual relationship, they need to respect and comply with the regulations they have agreed upon.

3. Conclusion

It is unclear who is right or wrong in the above case, but it can be seen that copyright (or copyright) is increasingly respected and is regulated very specifically by law to protect the rights and interests of authors and owners. own. However, this is one of the very complex issues, requiring artists and management companies to have enough knowledge and experience to resolve issues related to copyright, limiting incidents from occurring as above.

Above is the article: “Analysis of the case of singer D.T’s manager suing three Vietnamese singers”. Hope this article will help you.

What are the benefits when authorizing copyright management for a copyright consulting or service organization?

Written by Editor VCD on 16 November, 2023. Posted in Copyright Registration.

Authors and copyright owners may encounter a myriad of difficulties when exploiting the economic aspect of copyright due to not fully understanding intellectual property law and limited resources. Managing and monitoring copyright rights is not easy and requires professionalism and experience. Meanwhile, a copyright consulting and service organization will help optimize the time and benefits to protect and manage the copyright rights of authors and owners.

Directly managing one’s copyright rights by each individual is not the most convenient or effective form in the era of the thriving entertainment and copyright industries. Specifically, the complexity and inconvenience are shown in the following aspects:

Firstly, for the authors, it will not be convenient for the authors to negotiate a contract to transfer usage rights to those who want to exploit the work because they have to personally contact and negotiate with each individual. Organize the exploitation of the use of the work in each specific case. Besides, the author also does not have enough ability and resources to control whether others use his work or not, or use it for the right purpose, especially in the online environment. Even when a dispute occurs, authors easily fall into a difficult situation because they have to protect their rights alone against large companies. Additionally, when broadcasting, for example, or posting works on the internet, there is no way for each user to compensate each author, creator, or rights holder each time a work is published. product accessed or enjoyed.

Secondly, those who want to exploit the work will have to spend a lot of time and effort to find the author and negotiate for the author to allow them to use the work, especially when they need to use many works by different authors at the same time. This will make the work more likely to drag on, take a lot of manpower to perform, and not meet actual work needs.

For the above reasons, organizations must act as intermediaries between the author and those who wish to exploit the work. A copyright consulting and service organization will help both parties save time, effort, and human resources to cooperate, and at the same time help the author easily control the usage situation exploit the works of the exploiting parties, and accompany the author in protecting the author’s legitimate rights and interests.

With a team of experienced legal experts, Vietnam Copyright Development Joint Stock Company, as one of the first copyright consulting and service organizations in Vietnam, is a bridge for cooperation between authors and those who exploit the work. We are confident in supporting customers with issues in the field of copyright, always accompanying and helping authors in the process of managing and exploiting works. With the motto of always protecting the legitimate rights and interests of customers, we ensure to support customers and carry out work in the fastest, most timely, and most effective way. We promise to regularly report progress work as well as provide a next action plan so that Customers can easily monitor and evaluate work results. Customers can completely trust and feel secure when using the services of Vietnamese Copyright.

Above is the article “What are the benefits when authorizing copyright management for a copyright consulting or service organization?“. We hope this article is useful to you.

Who can be a copyright consulting or service organization?

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

In case you encounter problems surrounding copyright or related rights, where do you usually turn for help? A law firm or a copyright company? Regardless of the company, the presence of the consulting and copyright service organizations mentioned above will help you. Therefore, Who can be a copyright consulting or service organization?

1. What is a copyright and related rights consulting and service organization?

Vietnam’s Intellectual Property Law does not stipulate the concept of consulting organizations, copyright services, and related rights, but is only determined through the scope of the organization’s activities. However, to become a consulting, copyright, and related rights service organization must meet certain conditions. According to Article 57 of the Intellectual Property Law, consulting organizations, copyright, and related rights services are the following organizations:

“1. Copyright and related rights consulting and service organizations are established and operated by the law.

2. Copyright and related rights consulting and service organizations carry out the following activities at the request of authors, copyright owners, and related rights owners:

a) Consulting on issues related to legal regulations on copyright and related rights;

b) Representing the author, copyright owner, and related rights owner to carry out procedures for submitting applications for registration of copyright and related rights according to authorization;

c) Participate in other legal relations on copyright and related rights, protect the rights and legitimate interests of authors, copyright owners, and related rights owners under authorization.”

To further clarify the above factors, Decree 17/2023/ND-CP was issued, which clearly defines the types of organizations that qualify to be considered copyright consulting and service organizations. Copyright, related rights, and state management mechanisms applied to consulting organizations, copyright, and related rights services.

2. Conditions to become a copyright and related rights consulting and service organization

According to Article 55 of Decree 17/2023/ND-CP, copyright, and related rights consulting and service organizations specified in Clause 1, Article 57 of the Intellectual Property Law include:

Enterprises are established and operate according to the law on enterprises;
Cooperatives and cooperative unions are established and operate according to the law on cooperatives;

Business unit;

Law-practicing organizations are established and operate according to the law on lawyers, except for branches of foreign law-practicing organizations, limited liability law firms with one hundred percent foreign capital, and private law companies. Limited liability law in the form of a joint venture between a Vietnamese law-practicing organization and a foreign law-practicing organization.

In addition, to become a consulting and service organization for copyright and related rights, the heads of organizations and individuals engaged in consulting and providing services for copyright and related rights in the organization must meet the following requirements: fully meet the following conditions (According to Clause 2, Article 55 of Decree 17/2023/ND-CP):

Be a Vietnamese citizen, have full civil act capacity;

Permanent residence in Vietnam;

Have a university degree majoring in law.

3. State management mechanism for consulting organizations, copyright services, and related rights (Article 55 of Decree 17/2023/ND-CP Clauses 3, 4, 5, 6 and 7)

The state records copyright and related rights consulting and service organizations, specifically the specialized state management agency on copyright and related rights of the Ministry of Culture, Sports, and Tourism. Tourism (Copyright Department) will be recorded as a copyright and related rights consulting and service organization in the National Register of copyright and related rights consulting and services and published on the Internet. Electronic information page on copyright and related rights at the request of that organization after being considered and approved of the recognition request. Branches and other dependent units of organizations that meet all conditions may only do business in consulting, copyright services, and related rights in the name of the organization they belong to.

If a consulting, copyright, and related rights service organization (i) abandons or terminates the copyright and related rights consulting and service business; or (ii) that organization no longer fully meets the conditions prescribed in Clause 1, Article 57 of the Intellectual Property Law and Clause 2, Article 55 of Decree 17/2023/ND-CP as stated, then the managing agency shall The agency will delete the name of the consulting organization, copyright services, and related rights in the National Register of consulting, copyright services, and related rights. Name deletion will be announced on the copyright and related rights website.

On the other hand, organizations and individuals have the right to request the specialized state management agency on copyright and related rights of the Ministry of Culture, Sports and Tourism to delete the name of the copyright consulting and service organization, and related rights if there are enough grounds to confirm that the organization is no longer qualified to do business in consulting, copyright services, or related rights.

In addition, in case there is a change related to the information of a consulting organization, copyright service, or related rights, this organization must send a written notification of the changed content to the specialized management agency. State management on copyright and related rights of the Ministry of Culture, Sports and Tourism.

In addition, consulting and service organizations on copyright and related rights must implement a reporting and information regime for specialized state management agencies on copyright and related rights of the Ministry of Culture, Sports and Tourism annually or unexpectedly on consulting activities, copyright, and related rights services.

Above is the article “Who can be a copyright consulting or service organization?”. Hope this article is useful to you.

Is it the only Collective Management Organisation that can represent the author to manage copyright and related rights?

Written by Editor VCD on 8 November, 2023. Posted in Copyright Registration, Copyright-related rights.

Collective management of copyright is a modern model and an important step forward in the process of managing copyright and related rights. In case the author wants to cooperate with many parties to exploit the work, or one party wants to contact many authors to use their works, on the other hand, each author does not have only one work. Therefore, this huge amount of work requires a more convenient form of copyright management, acting as a bridge between authors and parties wishing to exploit copyright. From the above practical requirements, the formation of collective management organizations for copyright is an inevitable consequence. However, is it the only collective representative organization of copyright and related rights – which are organizations that operate for non-profit purposes can represent authors in managing copyright and related rights or not?

According to Vietnamese civil law, authors and owners of copyright and related rights can manage themselves or authorize other individuals or organizations to manage the copyright and related rights they hold. hold.

Article 56 of the Law on Intellectual Property stipulates: “The collective representative organization of copyright and related rights is a voluntary organization that self-funds its operations, not for profit purposes, and is run by authors and owners.” Owners of copyright and related rights agree to establish and operate by the provisions of law to entrust copyright and related rights, subject to the state management of the Ministry of Culture and Sports. Sports and Tourism on collective representation of copyright and related rights.”

In particular, the collective representative organization of copyright and related rights carries out the following activities according to written authorization of the author, copyright owner, and related rights owner:

Implement copyright and related rights management; negotiate licensing, collect and distribute royalties and other material benefits from allowing the exploitation of authorized rights;

Protect the legitimate rights and interests of members; Organize mediation when there is a dispute.

According to Vietnamese intellectual property law, not only organizations representing collective rights of copyright and related rights can represent authors in managing copyright and related rights. Other organizations that also represent authors in managing copyright and related rights are collectively known as copyright and related rights consulting and service organizations. Copyright and related rights consulting and service organizations carry out the following activities at the request of authors, copyright owners, and related rights owners (Article 57 of the Intellectual Property Law) :

Consulting on issues related to legal regulations on copyright and related rights;

Representing authors, copyright owners, and related rights owners to carry out procedures for applying for registration of copyright and related rights according to authorization;

Participate in other legal relations on copyright and related rights, and protect the legitimate rights and interests of authors, copyright owners, and related rights owners under authorization.

Although not directly regulated, authorized representation is required to manage copyright, and protect the legitimate rights and interests of authors, copyright owners, and related rights owners. completely consistent with Vietnam’s civil law regulations. Authors and owners of copyright and related rights can freely choose any suitable organization to authorize the management of their copyright and related rights.

Unlike Vietnam, the European Union has very clear regulations on organizations managing copyright and related rights in addition to organizing and representing collective rights of the copyright and related rights under the name “organizations managing copyright and related rights”. independent management entity (IME). According to Directive 2014/26/EU of 26 February 2014 of the European Union (EU) on the collective management of copyright and related rights and the multi-territorial licensing of rights in musical works for use online in the domestic market, independent management organizations are understood as:

“Independent management organization” means any organization authorized by law, or by assignment, license, or any other contractual arrangement, to manage copyright or related rights to copyright on behalf of multiple rights owners, for the collective benefit of those rights owners, as its sole or primary purpose, and that entity:

(i) is not owned or controlled, directly or indirectly, in whole or in part, by the rights owner; and

(ii) organized on a for-profit basis;”

From the above evidence, it can be seen that, in Vietnam or internationally, it is not the only organization that collectively represents copyright and related rights that can carry out collective management and authors managing copyright and related rights.

Above is the article “Is it the only Collective Management Organisation that can represent the author to manage copyright and related rights?” Hope this article is useful to you.

Using a famous sentence, verse, or song as a slogan or tagline for a brand is copyright infringement?

Written by Editor VCD on 7 November, 2023. Posted in Copyright Registration.

Using famous sentences, poems, and songs to make slogans and taglines for your brand can help the brand spread its reputation and become more known to more people because they all know the sentences and poems that famous songs. However, would a brand doing so be considered copyright infringement?

In advertising campaigns, brands can use famous and meaningful sentences, poems, and songs to carry out advertising, create slogans for products, and express the properties of products or things. That brands and products will bring to consumers. For example, in ViettelMoney’s advertising campaign, the line “Ting Ting in 1 note” was used in the song “Out of Mana” performed by Bigdaddy, Justatee, Binh Gold to represent the service’s ability to transfer money quickly provided by ViettelMoney. Moreover, a part of singer Sia’s song Titanium was used in an advertisement for Unilever’s Closeup toothpaste product. It can be seen that using famous sentences, poems, and songs to make advertising slogans for brands is very popular and brings positive effects to the brand. However, to do that, brands also need to pay attention to copyright issues when using famous sentences, poems, and songs of others.

Using a famous sentence, poem, or song to make a slogan or tagline for a brand is copying part of a work for commercial use. According to Clause 2, Article 20 of the Intellectual Property Law, organizations and individuals when exploiting and using the right to copy the above work must obtain permission from the copyright owner to pay royalties, other benefits, and other material (if any) to the copyright owner.

In addition, for works extracted from audio or video recordings, according to Article 26, Clause 1, Point b, Article 33, Clause 1, Point b of the Intellectual Property Law, in case the work has been copyrighted by the owner. If the author allows fixation on audio or video recordings for commercial purposes, organizations and individuals using these audio or video recordings in business or commercial activities do not have to ask for permission but must pay royalties to the copyright owner of the work, to the performers, producers of audio and video recordings, and broadcasting organizations according to the agreement from the time of use. In case an agreement cannot be reached, the rate schedule prescribed by the Government will be implemented. More specifically, Article 35 of Decree 17/2023/ND-CP also stipulates that if the above individuals and organizations do not pay royalties within 90 days from use, they must stop further use.

Above is the article “Using a famous sentence, verse, or song as a slogan or tagline for a brand is copyright infringement?“. Hope this article is useful to you.

Is the brand identity sound protected by copyright?

Written by Editor VCD on 6 November, 2023. Posted in Copyright Registration.

Nowadays, when building a brand, people not only focus on the image but also invest in sound. This sound represents the identity and values of the business, combined with images to become a brand identifier in the market, for example, the sound of Coca-Cola opening the lid or “I’m lovin’ it” from McDonald’s. Therefore, what is a brand identity sound, and is it protected by copyright?

1. What does brand identity sound like?

Brand identity sounds are characteristic sounds used by brands to reinforce brand awareness among consumers, also known as audio logos. Brand recognition sounds are often short, and easy to recognize and remember, for example, the sound of reading a brand slogan, a short melody, a characteristic sound of a product, etc. Brands use characteristic sounds. to help audiences associate those sounds with their brand. There is no need to see the logo image, just need people to hear the sound and they will immediately associate with the brand.

Exclusive sound for brand recognition creates distinction and a competitive advantage over other competitors. Many brands have spent effort and money to invest in developing and building unique brand identity sounds, bearing their brand characteristics. For example, Mastercard has created a sound mix to identify its brand in the Vietnamese market, using traditional Vietnamese musical instruments such as flute, monochord, and zither; Shopee with its signature “Shopee” notification sound,…

2. Are brand identity sounds protected by copyright?

According to Article 14 of the Intellectual Property Law, types of works protected by copyright include:

Literary, scientific works, textbooks, course books, and other works expressed in writing or other characters;

Sermons, speeches, and other talks;

Journalistic works;

Musical works;

Theater works;

Cinematographic works and works created by similar methods (hereinafter collectively referred to as cinematographic works);

Works of fine arts and applied arts;

Photographic works;

Architectural works;

Maps, diagrams, maps, and drawings related to topography, architecture, and scientific works;

Literary and folk artworks;

Computer programs, and data collection.

From the above regulations, it can be seen that brand recognition sounds do not satisfy any type of work protected by copyright under Article 14 of the Intellectual Property Law. In particular, it is necessary to avoid confusing the brand identity sound with a musical work – which is one of the types of works protected by copyright under Article 14 of the Intellectual Property Law. Although some brand sounds are short pieces of music, they cannot be considered musical works. A musical work is a work expressed in the form of notes in music or other musical characters regardless of performance or non-performance (According to Article 6, Clause 4, Decree 17/2023/ND-CP ). The brand identity sound is just a short melody, even if it is recorded as notated music, it cannot be considered a complete piece of music. Therefore, the brand identity sound, even if it is a melody, does not qualify to be considered a musical work and is not protected by copyright.

On the other hand, in case the brand identity sound exists in the form of an audio recording, according to Article 17 of the Intellectual Property Law, the audio or video recording is protected by related rights if it falls into one of the following cases. :

Audio and video recordings by producers of audio and video recordings with Vietnamese nationality;

Audio and video recordings of producers of audio and video recordings are protected under international treaties of which the Socialist Republic of Vietnam is a member.

It can be concluded that, although brand recognition sounds are not protected by copyright, sound recordings containing brand recognition sounds are still protected by related rights under Vietnamese intellectual property law.

Above is the article “Is brand identity sound protected by copyright?“. Hope this article is useful to you.

Effectiveness of copyright protection according to the International Convention

Written by Editor VCD on 3 November, 2023. Posted in Copyright Registration.

On October 26, 2004, Vietnam joined the Berne Convention on the protection of literary and artistic works. After many amendments, the Berne Convention is meeting the requirements for copyright protection in the current 4.0 technology era. Therefore, as a member of the Berne Convention, Vietnam has gradually researched and promulgated regulations on Intellectual Property that meet the requirements that this Convention sets for member States, including the Effectiveness of copyright protection according to the International Convention

1. What is copyright protection?

According to the Vietnamese Dictionary, “protection” means not being susceptible to loss. Therefore, copyright protection is the State’s guarantee of works so that those works are not infringed or damaged by others. Although legal provisions determine the rights of subjects to works, identify acts considered to be infringing as well and establish methods to protect the rights of authors, the State carries out its responsibilities. your protection in the most convincing way. In Vietnam, the concept of protecting intellectual property rights was first stipulated in Part V of the Vietnamese Intellectual Property Law.

Copyright protection according to the Berne Convention Is compliance with the regulations on copyright protection as follows:

Regarding the subject: based on Article 2 of the Berne Convention as follows: “(Protected works: 1. Literary and artistic works; 2. Ability to request fixation; 3. Derivative works; 4. Official documents; 5. Collection; 6. Protection obligations, subjects enjoying protection; 7. Works of applied art and industrial designs; 8. News.)”

Form of protected work: must be expressed in material form.

Term of protection.

In addition, regarding protection rights, principles must also be followed such as: (1) Principle of national treatment; (2) Natural protection; (3) Independent protection.

2. Is copyright valid internationally?

A creative work is considered copyrighted as soon as it is created. According to two international copyright conventions (especially the Berne Convention for the Protection of Literary and Artistic Works), literary and artistic works are protected without the need to carry out any procedures in the United States. State parties to these conventions (151 states as of August 2003 – list of states parties is in Annex VII). This regulation also applies to all members of the World Trade Organization.

Copyright is widely regulated in the Berne Convention. However, based on Article 3 and Article 5 of the Berne Convention, the rules for international copyright protection are quite detailed as follows:

In terms of scale: the protected work may be a citizen of a country that is a member of the Berne Convention or not but a citizen of one of the countries that is a member of the Union and published for the first time in one of the member countries of the Union, having a permanent residence in one of the above countries is still automatically protected regardless of whether a protection certificate has been registered or not.

Regarding governing law: in addition to this convention, copyright protection is also governed by the law of the country of origin. Article 5 regulates the country of origin as follows:

“a) Member State of the Union where the work was first published. However, suppose a work is published simultaneously in many Union member countries with different protection terms. In that case, the country of origin of the work is the country with the shortest protection term”.

Therefore, there is no international registration procedure to protect copyrights such as patents, trademarks, and industrial designs. While there is no international procedure for registering copyright protection abroad your work is automatically protected without registration in all member states of the Berne Convention.

Although there are still some differences, the Berne Convention and the Vietnamese Intellectual Property Law both provide for the protection of works created and expressed in a certain material form, regardless of content, quality, form, medium, or language. In addition, the Berne Convention and the Vietnamese Intellectual Property Law also provide for automatic protection, specifically, a work created by the intellect will be automatically protected, including publication and registration—protection certificate or not.

Above is the article: “Effectiveness of copyright protection according to the International Convention“. Hope this article will help you.”

Determination of damage caused by infringement of copyright and related rights

Written by Editor VCD on 2 November, 2023. Posted in Copyright Registration, Copyright-related rights.

When copyright or related rights are infringed, determining the damage caused is not an easy matter. So, how is the damage that occurs when copyright or related rights are violated determined? This is one of the contents guided in Decree 17/2023/ND-CP dated April 26, 2023, detailing several articles and measures to implement the Intellectual Property Law on copyright and related rights. mandarin.

1. General principles

According to Article 204 of Vietnam’s Intellectual Property Law, damages caused by infringement of copyright and related rights include:

Material damage includes property loss, loss of income and profits, loss of business opportunities, and reasonable costs to prevent and repair damage;

Mental damage includes loss of honor, dignity, reputation, and other mental damage caused to the author of literary, artistic, or scientific works and performers.

Principles for determining damages due to infringement of copyright and related rights are specified in Article 69 of Decree 17/2023/ND-CP, specifically as follows:

Damage due to infringement of copyright and related rights is the actual physical and mental loss caused directly by the infringement to the copyright or related rights holder.

There is considered to be an actual loss if there are all of the following grounds:
- Material or spiritual benefits are real and belong to the person who suffers damage: Material or spiritual benefits are the result (product) of copyright or related rights and the person who suffers damage is the person who has the right to enjoy it. that material or spiritual benefit;
- The damaged person can achieve the above benefits under certain conditions if no infringement of copyright or related rights occurs;
- There is a reduction or loss of benefits for the damaged person after an act of infringement of copyright or related rights occurs compared to the ability to achieve such benefits when there is no act of infringement and the act of infringement is the direct cause of the decrease or loss of that benefit.

In particular, the level of damage is determined based on the actual losses that the intellectual property rights holder has suffered due to the act of infringing intellectual property rights. The level of damage determined must be consistent with the factor of infringement of the rights of the subject of copyright or related rights and must be based on evidence of damage provided by the parties, including inspection results and copies to declare damages, clarifying the bases for determining and calculating the level of damage.

2. Determine specific damages due to infringement of copyright and related rights

Mental damage

Specific damages include damage to honor and dignity, reduction or loss of trust, reputation, reputation, or trust due to misunderstanding, time to endure the loss, and level of pain, injury, sadness, and emotional loss to the extent that the violating individual or organization must apologize, publicly rectify, and compensate for mental damage.

2.1. Property damage

Property damage is determined according to the degree of reduction or loss in the monetary value of the protected copyright object and related rights. Those values are determined as follows:

Price of transfer of ownership or transfer of rights to use copyright objects and related rights;

Value of business capital contribution by copyright and related rights;

The value of copyright and related rights in the total assets of the enterprise;

Investment value for research, creation, and development to create works and related rights objects, including investment costs, research, technical equipment, facilities, and expenses marketing, advertising, labor, taxes, and other costs.

The determination of the monetary value of copyright and related rights objects is carried out by the valuation enterprise by the law on valuation. The valuation results of the valuation enterprise are used as one of the bases for competent organizations and individuals to consider, decide, or approve the price of the appraised asset.

2.2. Decrease in income and profits

Types of income and profits considered include:

Income and profits obtained from direct or indirect exploitation and use of copyright and related rights objects;

Income and profits earned from leasing copyright and related rights objects that are originals or copies of cinematographic works and computer programs;

Income and profits obtained from transferring the right to use copyright and related rights;

Income and profits obtained from transferring ownership of copyright and related rights.

The decrease in income and profit is determined on one or more of the following bases:

Effects on normal exploitation of works, performances, audio recordings, video recordings, and broadcasts: Compare the number of actual copies consumed or supplied before and after the act of infringement occurs; Compare the frequency of exploitation, use, screening, broadcasting, communication, and access to works, performances, audio recordings, video recordings, and broadcasts before and after the infringement occurs; Compare the number of users and subscribers before and after the infringement occurred;

Compare the actual market price of the copy before and after the infringement;

Causing unreasonable damage to the legitimate interests of rights holders: Direct comparison of revenue earned from exploiting and using copyright objects and related rights before and after the act occurs infringement, corresponding to each type of income specified in Clause 1 of this Article.

2.3. Loss of business opportunities

Lost business opportunities are understood as:

Ability to generate profits and increase brand value through actual use and direct exploitation of copyright and related rights in business; number of customers using;

Ability to generate profits and increase brand value through advertising and marketing using copyright and related rights;

Ability to generate profits and increase brand value through leasing copyright and related rights objects to others, which are originals or copies of cinematographic works, computer programs, sound recordings, and recordings images;

Ability to generate profits and increase brand value through the actual transfer of rights to use copyright objects and related rights, transfer of copyright objects and related rights to others;

Other business opportunities are lost due to direct infringement of copyright and related rights.

Loss of business opportunity is the loss of the monetary value of the income that the injured person could have earned by exercising the above possibilities but in fact, did not get that income due to acts of infringement of copyright and related rights.

3. Reasonable costs to prevent and repair damage

Reasonable costs to prevent and remedy damage include costs for temporary detention, preservation, storage, and storage of infringing goods, costs for implementing temporary emergency measures, and reasonable costs for infringing goods. reasonable costs to hire a lawyer, reasonable costs to hire services to assess, prevent, and remedy infringements, and costs for notification and correction on mass media related to infringements of copyright and related rights.

Above is the article “Determination of damage caused by infringement of copyright and related rights“. Hope this article is useful to you.