Author: Editor VCD

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.

Conditions for initiating a civil lawsuit when detecting acts of copyright infringement

Written by Editor VCD on 25 September, 2023. Posted in Copyright Registration.

When an act of infringement of copyright or related rights occurs, in addition to administrative and criminal measures, relevant individuals and organizations can simultaneously apply civil measures to ensure their rights and protect their rights. In principle, filing a lawsuit for copyright or related rights infringement must follow the civil proceedings prescribed by the Civil Procedure Code. Specifically, in this case, what basic conditions does the subject whose rights are violated need to meet to protect their rights through civil lawsuits? The following article will provide information about the Conditions for initiating a civil lawsuit when detecting acts of copyright infringement

1. Subjects have the right to initiate civil lawsuits

According to the spirit of Intellectual Property Law, especially specialized legal documents as in Section II (1) Joint Circular No. 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP regulating the right to initiate civil lawsuits about copyright and related rights, subjects are entitled to initiate civil lawsuits when detecting acts of infringement of copyright or related rights including:

Authors, performers, producers of audio and video recordings, broadcasting organizers;
Copyright owners and related rights owners;
The legal heir of the author or owner of copyright and related rights;
Individuals and organizations have transferred the rights of the copyright and related rights owners;
Individuals and organizations may use works according to contract;
Organizations representing collective rights of copyright and related rights or other organizations or individuals authorized by copyright owners or related rights owners;
State agencies and relevant organizations, within the scope of their duties and powers, have the right to initiate civil lawsuits to protect public interests and the interests of the State in the field of copyright and related rights.

In conclusion, Intellectual Property Law also has relatively detailed and complete regulations on subjects with the authority to initiate civil lawsuits when detecting acts of infringement of copyright and related rights to ensure the protection of the rights of these subjects when rights violations occur.

2. Conditions for initiating a civil lawsuit when detecting acts of infringement

Subjects who want to initiate a civil lawsuit on copyright and related rights need to meet the following two conditions specified in Section III (1) Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC- BVH, Sports & Tourism-BKH&CN-BTP:

Firstly, copyright and related rights have arisen according to the provisions of Clause 1 and Clause 2, Article 6 of the Intellectual Property Law.

Copyright arises and is automatically protected when the work is created and expressed in a certain material form (song, computer program, architectural work…), regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered.

Related rights arise and are protected automatically from the moment performances, audio recordings, video recordings, broadcasts, and encrypted program-carrying satellite signals are fixed or made available without prejudice and harm to copyright.

It should be noted that applying for a Certificate of Copyright and Related Rights Registration is not mandatory for copyright and related rights protection. When there is a dispute over copyright or related rights and the litigant initiates a lawsuit to request the Court to protect their legitimate rights and interests, the Court must consider it regardless of whether they have a registration certificate. whether they have signed a copyright or related rights registration certificate or not, whether they have applied or not yet filed an application for copyright or related rights registration. However, authors and copyright owners should register as soon as possible to best ensure their rights.

Secondly, the term of copyright and related rights protection is still following the law. Depending on the type of protected work, the protection term will have different periods, as specified in Article 27 and Article 34 of the current Intellectual Property Law. For example, when filing a lawsuit to protect a cinematographic work, the copyright owner must check whether the cinematographic work meets the condition of a protection term of 75 years from the time the work was first published. fairy or not. The Court will not accept the petition if it has been more than 75 years.

When the protection term expires as prescribed by law, the rights of the author, copyright owner, and related rights owner are no longer protected by the State and law, unless otherwise provided for by law. determine the term of protection for copyright. This is an issue that rights holders must pay close attention to when initiating lawsuits to ensure their legitimate rights and interests.

Above is the article “Conditions for initiating a civil lawsuit when detecting acts of copyright infringement“. We hope this article is useful to you.

General provisions on transfer of copyright and related rights according to Vietnamese law

Written by Editor VCD on 22 September, 2023. Posted in Copyright Registration, Copyright-related rights.

Copyright transfer can be understood as the transfer of part or all of the property rights and personal rights that are allowed to be transferred by the author or owner of the work to individuals and organizations. other. In particular, two forms of rights transfer include assignment and transfer of author’s rights to use. Therefore, in essence, what are these two forms of transfer like and how are they different according to Vietnamese law? In this article, we will focus on clarifying the general provisions of Vietnamese law on copyright transfer to help understand the core nature of each form.

1. Transfer of copyright and related rights

According to the provisions of Article 45 of the Intellectual Property Law, transfer of copyright and related rights is the transfer of ownership of property rights and some other rights by the copyright owner or related rights owner. Moral rights belong to copyright and related rights. When transferring copyright or related rights, the transferor will terminate its ownership rights to one, several, or all of the property rights under the copyright or related rights. This must be distinguished from the owner only transfers the right to use copyright and related rights but still retains ownership of those rights.

The content of these transferable rights is specifically stipulated in Article 19, Article 20, Clause 3, Article 29, Article 30, and Article 31 of the Intellectual Property Law. In particular, transferable rights include the right to name the work; the right to publish the work or allow others to publish the work; property rights in works of authors, copyright owners, and performers; property rights of producers of audio and video recordings, rights of broadcasting organizations (copying, distributing, leasing audio recordings, video recordings, shaping broadcast programs, broadcasting…).

According to the above regulations, the owner or author of the work may not transfer the following rights, including:

The author may not transfer moral rights including:
- Put your real name or pseudonym on the work; be given your real name or pseudonym when the work is published or used;
- Protect the integrity of the work, do not allow others to edit, mutilate or distort the work in any form that harms the author’s honor and reputation.
Performers may not assign moral rights including:
- 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.

Note, in the case of a work, performance, audio recording, video recording, or broadcast program with co-owners, the transfer must be with the agreement of all co-owners; In cases where there are co-owners of works, performances, audio recordings, video recordings, or broadcast programs that have separate parts that can be separated for independent use, the copyright owner, the owner Related rights holders have the right to transfer copyright and related rights for their separate parts to other organizations or individuals.

2. Transfer of rights to use copyright and related rights

According to the provisions of Article 47 of the Intellectual Property Law, transferring the right to use copyright and related rights is the act of the copyright owner or related rights owner allowing another organization or individual to use it with permission. term of one, several, or all of the property rights under copyright and related rights. Unlike the transfer of copyright and related rights, the transfer of use rights allows people other than the owner to use and exploit the work according to the agreement between the two parties on the scope, term, and purpose of use, but the transferor still retains the role of the owner of copyright and related rights.

Regarding the subject of the transaction, personal rights and property rights that are allowed to transfer use rights are specified in Article 19, Article 20, Clause 3, Article 29, Article 30, and Article 31 of the Intellectual Property Law as follows:

Name the work;
Publish the work or allow others to publish the work;
Property rights according to regulations such as: making derivative works, performing works in public, directly or indirectly copying part or all of the work,…;
The property rights of performers include fixation of their live performance on audio and video recordings; copying directly or indirectly one’s own fixed performance; broadcasting or otherwise transmitting to the public its performance not in a format that is accessible to the public; Distributing to the public originals and copies of your performances through sale, rental or distribution by any technical means accessible to the public; commercially rent to the public originals or copies of their performances that have been fixed in audio or video recordings; broadcast and convey to the public the outline of their performance;
The rights of producers of audio and video recordings include direct or indirect copying of their audio or video recordings; import and distribute to the public originals and copies of their audio and video recordings through sale, rental, or distribution by any technical means accessible to the public;
The rights of broadcasting organizations include broadcasting and re-broadcasting their broadcast programs; distributing to the public its broadcasts, shaping its broadcasts; Copy your broadcasts;
The author is not allowed to transfer the right to use moral rights, except the right to publish the work; Performers are not allowed to transfer the right to use moral rights according to the law.

In case a work, performance, audio recording, video recording, or broadcast program has co-owners, the transfer of copyright and related rights must be agreed upon by all co-owners. own; 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.

Organizations and individuals that are transferred the right to use copyright and related rights may transfer the use rights to other organizations and individuals if they have the consent of the copyright owner or related rights owner. Because this is a type of civil contract, in which the parties’ agreement comes first.

Above is the article “General provisions on transfer of copyright and related rights according to Vietnamese law”. We hope this article is useful to you.

Notes for businesses when transferring copyright

Lưu ý cho doanh nghiệp khi chuyển nhượng bản quyền

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

Intellectual property is one of the important resources of a business. Therefore, when carrying out intellectual property transfer transactions, businesses must be extremely careful to limit legal risks, avoid unnecessary damages and disputes, and ensure the rights and benefits legitimate interests of the business. Copyright is one of the special intellectual assets of an enterprise, associated with the personal and financial rights of the author and owner. Therefore, when signing and transferring copyright rights, what do businesses need to pay attention to to ensure the best legal rights and interests? Please follow Copyright Vietnam to learn about the article “Notes for businesses when transferring copyright?” below.

1. Chuyển nhượng bản quyền là gì?

Transfer of copyright of a work is the transfer of ownership by the copyright owner or related rights owner to the rights specified in Clause 3, Article 19, Article 20 of the Intellectual Property Law, specifically are the following rights: the right to publish works; the right to copy the work; the right to make derivative works; the right to perform the work in public; the right to distribute and import originals or copies of works; the right to communicate the work to the public; the right to rent originals or copies of cinematographic works and computer programs, etc.

Therefore, when a business wants to transfer the copyright of any work, the business must ensure that it is the legal copyright owner of the work.

2. Notes for businesses when transferring copyright

Firstly, in case the transferred work has co-owners, the transfer must have the agreement and consent of all co-owners, unless one or more co-owners transfer a separate part can be separated and used independently. Thus, in case the Enterprise wants to transfer the copyright to the work, it is necessary to ask for the opinions and consent of the co-owners (if any), to avoid the case of transferring it yourself, then the transfer contract will be signed. maybe invalidated, thus the purpose of the transfer will not be achieved.

Secondly, copyright transfer businesses need to carefully consider the transferee’s subject capacity. For individuals, it is necessary to test the individual’s civil legal capacity and civil act capacity. For legal entities, businesses need to check whether the legal entity’s civil law capacity fully meets the conditions for subject capacity or not. In case the individual or legal entity receiving the transfer does not meet the subject capacity and does not ensure full performance of obligations, it will affect the rights and interests of the copyright transfer business.

Thirdly, the law stipulates that the form of a copyright transfer contract must be in writing, so in case an enterprise transfers copyright rights, it needs to be in writing, this is considered one of the conditions for the transfer contract to take effect.

According to the provisions of Clause 1, Article 48 of the Intellectual Property Law in 2005, amended and supplemented in 2009 and 2019, the copyright transfer contract with the work must have the following contents:

Full names and addresses of the transferor and transferee;
Transfer basis;
Price, payment method;
Rights and obligations of the parties;
Liability for breach of contract.

In addition to the above contents, enterprises can determine and agree on terms related to how to resolve disputes when disputes arise and solutions in case of force majeure. The more detailed the provisions in the transfer contract, the more guaranteed the Enterprise’s rights will be.

Fourthly, businesses need to distinguish between the transfer of rights and the transfer of rights to use copyright. Transfer of copyright will completely terminate the ownership rights (including the right to possess, use, and dispose) of the author’s copyright and then the copyright owner will no longer have copyright rights. which was previously prescribed by law. As for the transfer of rights to use, the content is different, specifically, the transfer of rights to use copyright is considered a form of rental contract between the copyright owner and the transferee. Accordingly, the copyright owner will only allow the transferee to use the copyright for a certain period and then, if that period ends, the copyright of the transferee will transfer rights and also terminate and the copyright will automatically return to the original copyright owner.

Above is the article “Notes for businesses when transferring copyright“. We hope this article provides you and your business with useful information.

Infringement of song exclusivity and sanctions

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

In recent years, as the entertainment economy has developed rapidly, the market for buying and selling copyright and related rights of songs has become more vibrant and has raised many controversies, especially the issue of song exclusivity. Therefore, how are “song exclusivity ” and violation of “song exclusivity ” understood? In this article “Infringement of song exclusivity and sanctions”, we will clarify the issues surrounding the exclusive exploitation and use of songs, the issue of violating the rights of the owner, and the rights of those who are transferred the right to use and exploit the copyright. products and sanctions for violations mentioned above.

1. Understand what is correct about “song monopoly” from the perspective of Intellectual Property Law

Songs are one of the subjects of copyright protection, a type of musical work (According to Article 14, Clause 1 of the Intellectual Property Law). According to Article 10 of Decree 22/2018/ND-CP, a musical work is a work expressed in the form of musical notes in sheet music or other musical characters or shaped on audio or video recordings with or without lyrics, regardless of performance or non-performance. Copyright and related rights to songs are important intellectual property of each author and copyright owner.

According to Article 20, Clause 2 of the Intellectual Property Law, authors, and copyright owners have the exclusive right to exercise or allow other organizations and individuals to exercise property rights and the right to publish works. When organizations and individuals exploit and use one or several or all of the property rights and the right to publish a work, they must obtain permission from the copyright owner and pay royalties and other rights. Other material benefits (if any) to the copyright owner, except for exceptions for non-commercial purposes prescribed by law, such as properly citing the work without misrepresenting the author’s intention. to comment, introduce or illustrate in your work, copy a copy for scientific research, personal study and not for commercial purposes, etc.

Thus, “song monopoly” can be understood as the fact that only a single individual, group of individuals, or organization holds one, some, or all of the property rights, and the right to publish the song. sing for a certain period, regardless of non-commercial exceptions specified in the law. The holder of the “exclusive rights to a song” can be the author, the copyright owner of the song, the copyright or related rights to the song, or individuals and organizations that are authorized to do so. Transfer of rights with an agreement that only that individual or organization has the right to use one or more copyrights and related rights for a certain period.

2. Common acts considered copyright infringement of songs

The nature of the act of “infringing the exclusive rights of a song” is an infringement of the copyright of individuals and organizations that hold the exclusive right to exploit and use that song, that is, the individual or organization is not the author or copyright owner, do not have the right to exploit or use or are not allowed to arbitrarily exploit and use copyright rights during the protected period, affecting to the legitimate rights and interests of the author and owner. Some common acts of infringement of “song monopoly” rights today are mentioned as follows:

Using the work without the copyright owner’s permission, not paying royalties, remunerations, and other material benefits as prescribed by law: The singer does not use the song for the right performance purpose. Initial performance with permission from the author and copyright owner and without payment of royalties to the author and copyright owner; Individuals and organizations record and video their songs and post them on video and broadcast platforms such as Youtube (often called “cover” songs), and self-broadcast live (“Livestream”) as well as like singing songs on social networking sites and making profits without the permission of the musicians.

Production of copies, distribution, or communication of songs to the public: Many websites have posted copies of audio and video recordings of songs and allowed others to download those copies for income while not asking for permission to post the work, without paying the author and owner of copyright and related rights of those audio and video recordings.

The act of arbitrarily mutilating or modifying works is also a common violation. If individuals or organizations modify or change the lyrics of a song without the permission of the song’s composer, that action is also considered an infringement of the right to protect the integrity of the work.

In addition, it should be noted that the author, the copyright owner of the song has transferred the exclusive right to use the song to artist A for a while and has terminated the contract; then the author, the copyright owner, transfers the copyright or the exclusive right to use the song to singer B, then if artist A continues to use and perform that song in other songs, performance for commercial purposes, artist A will be considered to have committed an act of infringement of copyright and related rights of the author, copyright owner and singer B.

3. Sanctions for violations of “song monopoly”

According to the provisions of the Intellectual Property Law, any individual or organization that violates intellectual property rights, including infringing on the exclusive rights to exploit and use songs, may be prosecuted and be handled by civil, administrative, or criminal sanctions based on the nature and severity of the infringement.

Civil sanctions

When there is an act of infringement of the exclusive right to exploit and use a song, the author or copyright owner can use the case in Court and request the competent Court to apply civil measures such as : (i) forcing the violator to stop the infringement behavior; (ii) forced public apology and correction; (iii) forced to perform civil obligations; (iv) forcing compensation for damages; (v) forced destruction; (vi) forced distribution or use for non-commercial purposes, without affecting the ability of intellectual property rights holders to exploit their rights.

Administrative sanctions

When there is a request from the rights holder, or from other organizations or individuals that have discovered or suffered damage due to an infringement of the exclusive right to exploit and use the song, or when the infringement is detected by competent authorities, such violations will be subject to administrative sanctions according to regulations. Individuals and organizations that commit administrative acts of “violating song monopoly” may be punished according to the provisions of Article 12, Article 17, Article 24, Article 25 to Article 31, Article 33 and Article 34 of Decree No. 131/2013/ND-CP and being forced to take remedial measures such as being forced to correct the author’s full name, name of the work and name of the performer; removal of copies of infringing works in electronic form, on the network and technical environment (“removal of copies of work”); Force to return to the copyright owner the royalties, remunerations, and other material benefits obtained from the performance of such infringing acts.

Criminal sanctions

When a violation has elements that constitute a crime, the individual or legal entity that commits the violation will be prosecuted for criminal liability. Specifically, according to the provisions of Article 225 of the Criminal Code 2015, amended and supplemented in 2017, if an individual does not have the permission of the copyright holder but intentionally copies a work or distributes copies to the public. of works that infringe on copyrights protected in Vietnam on a commercial scale or gain illegal profits of 50,000,000 VND or more or cause damage to the copyright holder of 100,000,000 VND or more or Violated goods worth 100,000,000 VND or more shall be subject to fine, non-custodial reform or imprisonment. Commercial legal entities that violate will be fined or have their operations suspended for a certain period, or be banned from doing business, operating in certain fields, or raising capital for a certain period of time.

The copyright rights to a musician’s song will be legally protected by IP law even if the musician does not apply for a Copyright Registration Certificate because copyright arises as soon as the song is written. Songs are created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered sign.

However, to ensure musicians’ rights are protected according to regulations, musicians can register the copyright with the Copyright and Related Rights Registration Office, Copyright Department in Hanoi, Da Nang, and Ho Chi Minh City. Musicians being granted a Copyright Registration Certificate will help strengthen their ability to protect their interests and prove their rights when disputes arise.

Above is the article “ Infringement of Song Exclusivity and Sanctions”. We hope this article is useful to you.