Author: Editor VCD

Procedures for registering copyright for graphic works, diagrams, maps, and blueprints

Written by Editor VCD on 20 September, 2023. Posted in Copyright Registration, Sketches, plans, maps and drawings related to topography, architecture or scientific works.

Graphics works, diagrams, maps, and blueprints are some of the types of works that are registered for copyright according to the spirit of the Intellectual Property Law. Copyright registration by the owner and author of drawings, diagrams, maps, and drawings is an effective measure to protect their legitimate rights and interests when there is an infringement and is the basis for proving the moment the right arises. In this article, we will focus on clarifying the order and procedures when registering copyright for this type of work.

1. Conditions for registering copyright for graphic works, diagrams, maps, and blueprints

When owners and authors of works want to register copyright for drawings, diagrams, maps, and drawings, they must meet the following conditions:

Firstly, the registered work must have all of the following characteristics:
- The work must be creative: Must be created directly by the author, and must not be copied from other works in any form;
- The work must be expressed in a certain material form. For example: Maps and diagrams must be expressed through a drawing or sketch on paper…
Secondly, regarding the subject being the author, the copyright owner needs to have full copyright protection conditions according to Article 12 (a), Article 13, Article 36 to Article 42 of the Intellectual Property Law as follows:
- The author must be the person who directly created the work.
- A copyright owner is an organization or individual that holds one, several, or all of the property rights to a work and the right to publish the work.
- Copyright owners are individuals or organizations in one of the following cases: (1) assign tasks to the author or enter into a contract with the author; (2)inherit copyright; (3) transfer of copyright; (4) is the State for anonymous works that do not have a person managing the work, works that are still within the term of protection but the copyright owner dies without an heir, or the heir refuses to receive the inheritance or is not allowed to inherit. The right to enjoy heritage and works is transferred by the copyright owner to the State.
- Are Vietnamese or foreign individuals and organizations whose works are published simultaneously in Vietnam within 30 days from the date that work is first published in another country.
- Are Vietnamese and foreign individuals or organizations whose works are published for the first time in Vietnam but have not been published in any other country.
- Are foreign individuals and organizations whose works are protected in Vietnam according to the provisions of international treaties on copyright to which the Socialist Republic of Vietnam is a member.

2. Copyright registration documents for graphic works, diagrams, maps, and blueprints

The author, owner of the work, or an authorized collective representative organization of copyright will prepare the registration dossier. The application will include the following documents:

Declaration (application) for copyright registration according to the form of the Copyright Office;
02 copies of registered work: 02 drawings or prints on paper;
Power of attorney or authorization contract (In case of authorization by the author or owner);
Documents proving that the owner of the rights is self-created or assigned creative tasks, enters into creative contracts, inherits, or transfers rights;
Written agreement between co-authors in case the work has multiple authors;
Written consent of the co-owners, if copyright and related rights are jointly owned;
ID card/ID card/passport of the author, owner of the work (copy), or documents proving the operating status of the collective representative organization of copyright, the organization that is the owner owns the work (copy).

3. Procedures for registering copyright for graphic works, maps, diagrams, and blueprints

Procedures for registering copyright for works of maps, diagrams, and drawings are prescribed as follows:

Step 1: Submit application

Authors, copyright owners, and related rights owners directly or authorize other organizations or individuals to submit 01 sets of dossiers to register copyright and related rights at the headquarters of the Copyright Office, or Representative Office of the Copyright Department in Ho Chi Minh City, Representative Office of the Copyright Department in Da Nang City.

Step 2: Return results

Within fifteen working days from the date of receipt of valid documents, the state management agency in charge of copyright and related rights is responsible for issuing the Copyright Registration Certificate and Related Rights Registration Certificate for applicants. In case of refusal to issue a Copyright Registration Certificate or Related Rights Registration Certificate, the state management agency in charge of copyright and related rights must notify in writing and clearly state the reasons for the applicant.

Above is the article “Procedures for registering copyright for works of drawings, diagrams, maps, and blueprints”. We hope this article is useful to you.

Distinguish co-authors from collective authors

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

Concepts related to the author, co-author, or collective authors always confuse identifying and determining related legal rights. Among those concepts, co-authorship and collective authorship are considered quite difficult to distinguish. VCD’s following article “Distinguish co-authors from collective authors” will clarify the concepts of co-authorship and collective authorship to help readers distinguish between these two concepts.

1. Co-author

According to Article 6 of Decree 22/2018/ND-CP on guidance on Intellectual Property Law, the concept of co-authorship is stipulated as follows:

“Co-authors are authors who directly create part or all of a literary, artistic and scientific work.”

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

So, with the above definition, a co-author must be someone who directly works creatively to create the work and contributes actual effort to shaping the work. People who only give ideas, contribute opinions, support or provide materials to the author without directly participating in the process of shaping the work are not considered co-authors.

A co-author also has the same rights as a regular author. However, it should be noted that there is a difference in the rights of co-authors in two cases where the author is also the owner of the work and the author is not the same owner of the work.

Specifically, if the co-authors use their time, finances, and physical and technical facilities to co-create the work, the co-authors are also the owners of the work and enjoy all the benefits. Personal rights and property rights are stipulated in Articles 19 and 20 of the Intellectual Property Law for works created by them together.

2. Author collective

Currently, the law does not have a specific definition of a collective of authors. However, in reality, some types of works have their characteristics, completely created from different art forms, separate but combined into a whole work. Specifically, the two most clearly visible types are theatrical works and cinematographic works.

Decree 22/2018/ND-CP also stipulates in Article 11 and Article 12 that authors who compose theatrical and cinematographic works are the authors specified in Clause 1, Article 21 of the Intellectual Property Law.

Specifically, for cinematographic works, screenwriters and directors enjoy moral rights including the right to name the work or allow the transferee of property rights to name the work; the right to put your real name or pseudonym on the work; the right to have your real name or pseudonym stated when the work is published or used; the right to protect the integrity of the work to prevent others from distorting it; Do not allow others to modify or mutilate the work in any form that harms the author’s honor and reputation. Cinematographers, film editors, music composers, art designers, sound designers, lighting designers, special effects artists, film actors, and people who perform other creative tasks for the work Cinematographers enjoy the right to put their real names or pseudonyms on their works; be given your real name or pseudonym when the work is published or used.

For theatrical works, the author of the theatrical script enjoys moral rights, which are the right to name the work or allow the transferee of property rights to name the work; the right to put your real name or pseudonym on the work; the right to have your real name or pseudonym stated when the work is published or used; the right to protect the integrity of the work to prevent others from distorting it and do not allow others to modify or mutilate the work in any form that harms the author’s honor and reputation. People who are authors of literary works, authors of musical works, stage directors, music conductors, choreographers, stage designers, customers, and people who perform other creative work for theatrical works, enjoy the right to put their real name or pseudonym on the work; be given your real name or pseudonym when the work is published or used.

We can understand the collective of authors as those who directly create the work. However, unlike co-authorship, collective authorship can only be applied to theatrical and cinematographic works. Even though it is a collective, each subject can make a separate part of the work and synthesize the parts to create a unified and complete whole. Besides, for the collective of authors, it can be seen that those who play a key, decisive role and dominate the overall work in shaping the work from content to form of expression will hold many positions and have more rights than those who play a partial role in shaping the work in a certain form of expression without dominating or deciding the content of the work.

In the author collective, the authors will be the subjects enjoying moral rights (except the right to publish the work) and receive remuneration from the owner. Property rights and the right to publish works will belong to the organization or individual making the financial investment; material and technical facilities to produce works.

Above is the article “Distinguish co-authors from collective authors”. We hope this article is useful to you.

Copyright for photographic works

Written by Editor VCD on 19 September, 2023. Posted in Copyright Registration.

Photography is a popular art form today, we can see photography works every day, on social networks, at photo exhibitions, or even on the streets. These works can be created by professional photographers or passionate amateurs. Therefore, are photographic works protected by copyright or not? Please read VCD’s article below to learn more about this issue.

1. What is a photographic work?

Although since the 11th century, people discovered how to use the “dark chamber” as the first camera, it was not until the 19th century that cameras and photography techniques were fully developed. In 1839, the Academy of Sciences and the Institute of Fine Arts of the French Academy of Sciences recognized the silver plate photography method of French painter Louis-Jacques-Mandé Daguerre (1787 – 1851), as the origin of the art of modern photography. The art of photography has a 183-year history of development, and techniques and technologies are constantly being applied in photography, from the use of mechanical cameras to today’s digital cameras. grand. Photographic works in the form of film images or digital images are considered works of art and are protected by copyright.

To find out the exact definition of photographic works, Article 14 of Decree No. 22/2018/ND-CP dated February 23, 2018 specifically stipulates as follows:

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

It can be understood that photographic works are understood as the result of creative activities in the field of art, works that express images of the objective world on light-catching materials or on the medium on which the images are created. created or can be created by any technical method. Photographic works are one of the objects protected by copyright according to the provisions of Article 14 of the Intellectual Property Law.

2. Are photographic works protected by copyright?

Based on Article 14 of the Intellectual Property Law, the 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;
Works of plastic 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.

According to current provisions of Vietnamese law, the objects of copyright protection are works created or owned by organizations or individuals. Photographic works belong to one of the types listed in Article 14 of the Intellectual Property Law. It can be seen that Vietnamese law has strict regulations on subjects protected by copyright.

According to the Berne Convention, Article 2.1, works of art may be expressed in any manner or form, such as books, pamphlets, and other writings…; The same goes for photographic works and works expressed using a technique similar to photography. As analyzed, for a photographic work to be protected, it must first be shaped and exist in a certain type. The law does not protect the copyright of an artistic work when it is just a creative idea.

3. Conditions for registration of protection for photographic works

Photographic work is protected when it meets the following conditions:

Created directly by the author using his or her intellectual labor without copying from the works of others. Clause 3, Article 14 of the Intellectual Property Law stipulates that photographic works must be directly created by the author using his or her intellectual labor and not copied from the works of others. Therefore, photographic works must be created by the author himself, not copied from another work.

Foreign individuals and legal entities who are authors or copyright owners of photographic works may directly or authorize other organizations or individuals to submit applications for registration of copyright and related rights at the headquarters of the Copyright Office or the Representative Office of the Copyright Office or the Department of Culture, Sports and Tourism where the author or copyright owner resides or is headquartered.

After registering the copyright owner for the photographic work according to the provisions of Article 49 of the Intellectual Property Law, the author will be granted a certificate of copyright registration for the photographic work. This is not a mandatory procedure to enjoy copyright on photographic works. The owner has the right to register or not register, but the rights of the author and owner of photographic works are still protected according to the principle of copyright. automatic protection switch. However, registering a copyright for photographic works has great significance for the owner – the person with a certificate recognized by law as the owner of the photographic work. In case a dispute arises, the organization that has been granted the registration certificate is not obliged to prove that the photographic work belongs to it.

Above is the article “Copyright for photographic works”. We hope this article is useful to you.

Term of protection of related rights

Written by Editor VCD on 12 September, 2023. Posted in Copyright-related rights.

Although the protection of related rights is always associated with the protection of copyright, the term of protection of related rights and copyright is different. The term of protection of related rights cannot be divided into the term of protection of personal rights and private property rights like the term of copyright protection. Therefore, how the term of protection of related rights is determined, we would like to clarify in this article.

1. Term of protection of related rights according to some international treaties

The issue of intellectual property protection in general between copyright and related rights protection in particular are important issues in today’s modern world. Throughout the 20th and 21st centuries, countries have gradually formed common perceptions and agreements on this protection by signing conventions and agreements and establishing the World Intellectual Property Organization (WIPO). As for the issue of protection of related rights, the existence of conventions and agreements such as the 1961 Rome Convention on the protection of performers, producers of phonograms, and broadcasting organizations; Geneva Convention of 1971 for the protection of producers of phonograms against unauthorized copying of their phonograms; TRIPS Agreement 1994 on Trade-Related Aspects of Intellectual Property Rights; The 1996 WIPO Performances and Phonograms Treaty (WPPT) has become important models for countries to develop laws on the protection of related rights, including Vietnam.

The term of protection of related rights has been clearly stated in the above conventions and agreements. The term of protection of related rights specified in the treaties is not the same and over time, the term of copyright protection specified in the above treaties changes.

According to Article 14 of the 1961 Rome Convention on the protection of performers, producers of phonograms and broadcasting organizations, the term of protection of related rights must last at least until the expiration of the term of 20 years from since the end of the year that:

The shaping of sound recordings is done – of the sound recordings and of the performances shaped therein.
Performances were conducted – for performances not captured in recordings.
The broadcast was made- for the broadcasts.

In addition, according to the Geneva Convention on the protection of producers of phonograms against unauthorized copying of their phonograms signed in 1971, the term of protection is stipulated in Article 4, specifically as follows: “The term of protection will depend on the national law of each contracting state. However, if national law provides for a specific period of protection, the period shall not be less than twenty years from the end of the year in which the sounds embodied in the phonogram were first recorded or of the year in which the sound recording was first published.

On the other hand, Clause 5, Article 14 of the 1994 TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights stipulates that the term of protection for performers and producers of phonograms must last at least is until the end of a period of 50 years from the end of the calendar year in which the recording or performance takes place; The term of protection for radio and television organizations must last for at least 20 years from the end of the calendar year in which the radio and television program is carried out.

In addition, Article 17 of the 1996 WIPO Performances and Phonograms Treaty (WPPT) also notes:

The term of protection granted to the performer must last at least until the end of a period of 50 years, calculated from the end of the year in which the performance was fixed in the phonogram;
The term of protection granted to producers of phonograms must last at least until the end of a period of 50 years, calculated from the end of the year in which the phonogram was published, or if there is no such publication. within 50 years from the fixation of the sound recording, the 50-year period is calculated from the end of the year in which the fixation was made.

Through the above provisions, we can clearly see a change towards increasing the term of protection of related rights over time with a minimum of 50 years for the 1994 TRIPS Agreement and the 1996 WPPT Agreement. The change is associated with the development of science and technology, when people found ways to shape performances, recordings, videos and broadcasts on durable, long-lasting materials, not as easily damaged as before and goes hand in hand with the development of cyberspace, where people can store information unlimitedly.

Currently, the laws of most countries in the world also stipulate the term of protection of performers’ rights at 50 years. Vietnam is currently a member of all four international treaties analyzed above, therefore Vietnamese law regulating the term of protection of related rights must not conflict with the provisions of those four treaties.

2. Term of protection of related rights according to Vietnamese law

In Vietnam, the term of protection of related rights is specified in Article 34 of the Intellectual Property Law as follows:

“1. Performers’ rights are protected for fifty years from the year following the year in which the performance is established.

2. The rights of producers of phonograms or video recordings are protected for fifty years from the year following the year of publication or fifty years from the year following the year in which the phonogram or video recording is fixed if the phonogram , recording has not been published.

3. The rights of broadcasting organizations are protected for fifty years from the year following the year in which the broadcast is made.

4. The term of protection specified in Clauses 1, 2 and 3 of this Article ends at 24:00 on December 31 of the year in which the term of protection of related rights ends.”

According to the above provisions, it can be seen that the protection term of related rights is prescribed without distinguishing between personal rights and property rights of the subjects holding related rights. The term of protection of related rights is not as long as copyright but is limited to 50 years from the year following the year the performance is fixed, the phonogram or video recording is fixed/published or the year the broadcast was made. The end of the protection period has been prescribed. The above regulations are completely consistent and consistent with the provisions of international treaties such as the Rome Convention, Geneva Convention, TRIPS Agreement and WPPT Treaty that Vietnam Nam participated.

Above is the article “Term of protection of related rights”. We hope this article is useful to you.

The fundamental contents of related rights under Vietnamese law

Written by Editor VCD on 12 September, 2023. Posted in Copyright-related rights.

According to current Vietnamese law, related rights are built based on each type of right holder, including the rights of performers to their performances, the rights of producers of phonograms, images over their audio and video recordings, and the rights of broadcasting organizations over their broadcasts. The content of related rights is the same as copyright, including moral rights and property rights. To further clarify the basic content of related rights under Vietnamese law, we would like to bring to you the article below.

1. Performers’ rights

Performers’ rights are stipulated in Article 29 of the Intellectual Property Law, including moral rights and property rights.

Moral rights of performers include:

To be introduced by name when performing, when releasing audio or video recordings, or broadcasting the performance;
Protect the integrity of the performance image to prevent others from distorting it; Do not allow others to modify or mutilate in any form that is harmful to the performer’s honor and reputation.

Property rights include the exclusive right to exercise or allow other organizations and individuals to exercise the following rights:

Shape your live performance on audio and video recordings;
Directly or indirectly copy all or part of your performance fixed on audio or video recordings by any means or form.
Broadcast or communicate to the public your unscripted performance in a manner accessible to the public, unless the performance is intended for broadcast;
Distributing, importing for distribution to the public through sale or other form of transfer of ownership of originals, copies of fixations of their performances in tangible form, except for the cases specified in Clause 5 (1) (b) of this Article;
Commercially leasing to the public originals or copies of their performances fixed in audio or video recordings, even after being distributed by the performer or with the permission of the performer;
Broadcast and communicate to the public a version of your performance, including providing to the public a version of your performance in a manner accessible to the public at a place and time of their choosing. select.

In addition, the owner of the rights to a performance does not have the right to prohibit other organizations or individuals from performing the following acts:

Copy a performance solely to exercise other rights prescribed by this Law; Temporary copying according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or legal use of its own performance has been established on audio or video recordings, which have no independent economic purpose and copies are automatically deleted and cannot be restored;
Subsequent distribution, import for distribution of originals or copies of performance fixations that have been authorized or permitted to be distributed by the owner.

2. Rights of audio and video recording producers

The rights of producers of audio and video recordings are recognized in Article 30 of the Intellectual Property Law. Accordingly, producers of audio and video recordings have the exclusive right to exercise or allow other organizations and individuals to exercise the following rights:

Copy all or part of your audio or video recordings by any means or form, except for the case specified in Clause 3 (a) of this Article;
Distributing, importing for distribution to the public through sale or other form of transfer of ownership rights to originals, copies of their audio and video recordings in tangible form.
Commercial rental to the public of originals or copies of one’s audio or video recordings, even after distribution by the producer or with the permission of the producer;
Broadcast and communicate to the public their audio and video recordings, including providing to the public the audio and video recordings in a way that the public can access at a place and time of their choosing .

However, the owner of the rights to audio or video recordings does not have the right to prohibit other organizations or individuals from performing the following acts:

Copy audio or video recordings only to exercise other rights prescribed by this Law; temporary copying according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or legal use of audio or video recordings, without Independent economic purposes and copies are automatically deleted, with no possibility of recovery;
Subsequent distribution or import for distribution of originals or copies of audio or video recordings that have been authorized or authorized to be distributed by the owner.

3. Rights of broadcasting organizations

The rights of broadcasting organizations are recognized in Article 31 of the Intellectual Property Law. Broadcasting organizations have the exclusive right to exercise or allow other organizations and individuals to exercise the following rights:

Broadcasting, re-broadcasting its broadcasts;
Directly or indirectly copy all or part of your broadcast format by any means or form.
Shape your broadcast;
Distributing, importing for distribution to the public through sale or other form of transfer of ownership rights to the fixation of its broadcast program in tangible form.

In addition, the owner of rights to a broadcast program does not have the right to prohibit other organizations or individuals from performing the following acts:

Copy broadcast programs only to exercise other rights prescribed by this Law; temporary copying according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or legal use of the broadcast, for no other purpose Independent economy and copies are automatically deleted, there is no possibility of recovery;
Subsequent distribution, import for distribution of broadcast formats for which distribution has been authorized or authorized by the owner.

Above is the article “The fundamental contents of related rights under Vietnamese law“. We hope this article is useful to you.

The subjects of copyright related rights

Written by Editor VCD on 11 September, 2023. Posted in Copyright-related rights.

Rights related to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to performances, audio and video recordings, broadcast programs, and satellite signals carrying programs encode. To clarify the individuals and organizations that are the subjects of related rights, Vietnam Copyright would like to send readers the article “The subjects of copyright related rights” below.

1. What is the subject of related rights?

Subjects of related rights are individuals and organizations whose related rights are protected, meaning they enjoy the rights and obligations prescribed by law for the protected objects of related rights. Article 16 of the Intellectual Property Law stipulates the subject of related rights as follows:

“Article 16. Organizations and individuals have related rights protected

Organizations and individuals who are owners of related rights specified in Article 44 of this Law.

Organizations and individuals that first shape the sounds and images of a performance or other sounds and images (hereinafter referred to as audio or video recording producers).

The organization that initiates and carries out the broadcasting (hereinafter referred to as the broadcasting organization).”

According to the above regulations, four subjects are considered subjects of related rights including:

2. Performer

Performers are those who perform the work and directly convey the work to the public. According to Article 3 (a) of the Rome Convention – International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, “Performers are actors, singers, musicians, dancers and Other people role-play, sing, read, recite, present, or otherwise perform literary and artistic works. On that basis, Vietnamese law stipulates that performers are actors, singers, musicians, dancers and other people who present literary and artistic works such as sound and lighting artists. , circus performer, …

3. Owner of the show

Related rights owners are those who hold one, several or all of the related rights specified in the law. Specifically, Article 44 of the Intellectual Property Law stipulates the following regarding relevant rights owners:

“1. Related rights owners include:

a) The performer who uses his or her time, financial investment and physical and technical facilities to perform a performance is the owner of the rights to that performance, unless otherwise agreed with the performance partner. Stakeholders;

b) Producers of audio or video recordings that use their time, financial investments and physical and technical facilities to produce audio or video recordings are the owners of the rights to the audio recordings. record the video, unless otherwise agreed with the relevant party;

c) The broadcasting organization is the owner of the rights to its broadcast program, unless otherwise agreed with the relevant party.

2. The owner of related rights is the organization that assigns tasks to an organization or individual within its organization to perform a performance, audio recording, video recording, or broadcast program and is the owner of the corresponding rights. prescribed in Clause 3, Article 29, Clause 1, Article 30 and Clause 1, Article 31 of this Law, unless otherwise agreed.

3. The owner of related rights is the organization or individual that enters into a contract with another organization or individual to perform a performance, audio recording, video recording, or broadcast program that is the owner of the corresponding rights. prescribed in Clause 3, Article 29, Clause 1, Article 30 and Clause 1, Article 31 of this Law, unless otherwise agreed.

4. Organizations and individuals that inherit related rights according to the provisions of the law on inheritance are the owners of the corresponding rights specified in Clause 3, Article 29, Clause 1, Article 30 and Clause 1, Article 31 of this Law. .

5. The organization or individual that is transferred one, some or all of the rights as agreed in the contract is the owner of one, some or all of the corresponding rights specified in Clause 3, Article 29, Clause 1 Article 30 and Clause 1, Article 31 of this Law.”

It should be noted that the owner of a related right is one of the subjects of the related rights, but the subject of the related rights and the owner of the related rights are not always the same. To determine who is the owner of related rights, it is necessary to clearly determine who uses the time, financial investment and facilities to perform the work, and must also determine whether they performed the work. whether they are assigned a task or not, or whether they enter into a contract to perform the work with another organization or individual, or whether they have an agreement with another individual or organization about who is the owner or not. In addition, organizations and individuals become owners of related rights due to inheritance or transfer of rights.

4. Audio and video recording publishers

Producers of audio and video recordings are organizations and individuals that use audio and video tapes or other technical devices to record sounds and images of performances or sounds and images of performances. a certain work. According to the provisions of Article 16 above, it can be understood that the producer of the sound or video recording is the organization or individual that first shapes the sounds and images of the performance or other sounds and images. In particular, if an audio or video recording is produced by an organization or individual using their own time, finance, physical and technical facilities, they are the owner of that audio or video recording. , unless they have agreed otherwise.

5. Broadcast organization

According to Clause 11, Article 4 of the Intellectual Property Law, broadcasting is the transmission to the public by means of radio of sound or image, sound and image, reproduction of sound or image, reproduction of sound. and images of works, performances, phonograms, video recordings, broadcasts, including satellite transmissions, transmission of encrypted signals in the case of decryption media used by broadcasting organizations made available to the public or provided with the consent of the broadcasting organization. Thus, broadcasting organizations are organizations that initiate and carry out broadcasting, including radio broadcasting organizations, television organizations and satellite signal broadcasting organizations. The broadcasting organization is the owner of its broadcast program, unless otherwise agreed with the relevant party.

Above is the article “The subjects of related rights”. We hope this article is useful to you.

What are copyright-related rights and the objectives are protected by related rights

Written by Editor VCD on 11 September, 2023. Posted in Copyright Registration.

The Intellectual Property Law not only protects literary, artistic, and scientific works but also protects other objects such as performances, audio and video recordings, broadcast programs, and satellite signals and the computer carries the encrypted program. Literary, artistic, and scientific works are protected by copyright, while protection of objects includes performances, audio recordings, video recordings, broadcasts, and satellite signals carrying an encrypted program is not called copyright protection but is called copyright-related rights protection (referred to as related rights).

1. Concept and characteristics of related rights

According to Clause 3, Article 4 of the Law on Intellectual Property: “Rights related to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to performances, audio recordings, video recordings, programs. broadcast, the satellite signal carrying the program is encrypted.”

Related rights are understood as the following rights:

Performers’ rights to their performances;
Rights of producers of audio and video recordings with respect to their audio and video recordings;
The rights of broadcasting organizations to their broadcasts.

Related rights are closely related to copyright, expressed right in the name. To better understand the relationship between copyright and related rights, this article would like to clarify the following characteristics of related rights:

Firstly, related rights are derivative rights. Related rights arise from the use of an original work, for example a film based on the content of a novel. The creators of those new works use their special skills (voice, acting, etc.) to create uniqueness for the work and directly convey the work to the public, bringing the work to life. they make and the original work is better known. However, unlike other derivative works (e.g. translated works), newly created works are no longer directly subject to copyright.

Secondly, the protected object is original. Works must demonstrate creativity, originality, and reflect the unique imprint of the relevant rights holder. Expressing creativity and originality does not mean distorting the author’s original work. In addition, related rights only arise for objects created for the first time (first shaped) with the permission of authors, copyright owners, and related rights owners. Fixed copies of works without the consent of the copyright owners are considered illegal and are not protected by law.

Thirdly, related rights have a limited period of protection, even for moral rights. International treaties and national laws often stipulate that the term of protection for related rights is 20 to 50 years from the time the object is fixed or published. This restriction is intended to ensure a balance between the interests of the owner and the interests of the community, encouraging creativity.

Fourthly, related rights are protected independently, but the protection of related rights must always be considered in relation to copyright. The protection of related rights must not harm copyright. It is impossible to protect the related rights of a work if the creation of that work violates copyright. On the other hand, that does not mean that the protection of related rights must be done after the protection of copyright, but that related rights and copyright are protected at the same time and in sync with each other.

2. Subjects whose related rights are protected

Subjects whose related rights are protected according to the provisions of Article 17 of the Intellectual Property Law include:

“1. A performance is protected if it falls into one of the following cases:

a) Performances performed by Vietnamese citizens in Vietnam or abroad;

b) Performances performed by foreigners in Vietnam;

c) Performances fixed on audio or video recordings are protected according to the provisions of Article 30 of this Law;

d) Performances that have not been fixed on audio or video recordings but have been broadcast are protected according to the provisions of Article 31 of this Law;

d) The performance is protected under international treaties to which the Socialist Republic of Vietnam is a member.

2. Audio and video recordings are protected if they fall into one of the following cases:

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

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

3. Broadcast programs and satellite signals carrying encrypted programs are protected if they fall into one of the following cases:

a) Broadcast programs and satellite signals carrying encrypted programs of broadcasting organizations with Vietnamese nationality;

b) Broadcast programs and satellite signals carrying encrypted programs of broadcasting organizations are protected under international treaties to which the Socialist Republic of Vietnam is a member.

4. Performances, audio recordings, video recordings, broadcasts, satellite signals carrying encrypted programs are only protected according to the provisions of Clauses 1, 2 and 3 of this Article on the condition that they do not cause damage. prejudicial to copyright.”

Above is the article “What are rights related to copyright and the subjects protected by related rights”. We hope this article is useful to you.

What is a collective representative organization of copyright and related rights?

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

Authors and owners of copyright and related rights can manage their copyright and related rights themselves or through an organization – a collective representative of copyright and related rights. This organization often includes experts knowledgeable in the field of copyright and related rights, helping to better manage intellectual property for authors, copyright owners, and related rights. VCD’s following article will clarify more about what is a collective representative organization for copyright and related rights.

1. Concept of collective representative organization of copyright and related rights

Access to the author sometimes becomes an obstacle to the need to access the work for use, the need to use the work in many different forms. At that time, the problem arises of replacing individuals representing their rights by authorizing a collective to represent them in exercising their rights. This solution benefits both creators and users and meets the public’s need to enjoy their works.

Collective representation of copyright and related rights means acting on behalf of or on behalf of authors, owners of copyright and related rights under authorization to manage one or several rights of the copyright owner. authors and related rights owners through a legally established collective representative organization.

According to the provisions of Article 56, Clause 1 of the Intellectual Property Law, the collective representative organization of copyright and related rights is a voluntary organization, self-funding its operations, not for profit purposes. The author, copyright owner, and related rights owner agree to establish and operate in accordance with the law to entrust copyright and related rights, subject to the state management of the Ministry. Culture, Sports and Tourism on collective representation of copyright and related rights.

The characteristic feature of the collective representation organization of copyright and related rights is that it is non-profit and is under the state management of the Ministry of Culture, Sports and Tourism regarding the activities of collective representation of copyright and related rights. related, different from consulting organizations, copyright services, related rights operating for economic purposes in the form of businesses.

2. Activities of the collective representative organization of copyright and related rights

Collective representative organizations of copyright and related rights carry out the following activities under written authorization of the author, copyright owner, and related rights owner for the purpose of protecting rights and related rights. Legitimate interests of authors, copyright owners, and related rights owners (According to Article 56, Clause 2 of the Intellectual Property Law):

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

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

3. The meaning of establishing a collective representative organization for copyright

The disregard for copyright has gradually permeated performance organizations since the subsidy period. Musicians themselves are used to composing without needing to collect copyright. As long as their compositions are accepted by the public, remembered by many people, and sung by many people, it is already happiness. In Vietnam in recent years, intellectual property law has gradually affirmed its important role in the process of enforcing and protecting the author’s creative works but acts of infringement on copyright becoming a serious violation, significantly affecting the role of developing knowledge value in the knowledge economy in Vietnam today.

The establishment of a copyright representative is very important for the author himself, the owner of the work as well as the protection of intellectual property rights of society. It helps protect rights and interests. legal rights of authors and owners of works related to the right to receive remuneration and copyrights for works as well as support in resolving disputes surrounding copyright issues that if only the author stands alone It will be very difficult to solve. In addition, its purpose is to maintain the rights and interests of the organization’s members, helping to ensure the sustainability of creative values of human intellectual property.

4. Legal services supporting VCD’s copyright

With a team of experienced legal experts, we are confident in supporting customers in the field of copyright. With the motto of always protecting the legitimate rights and interests of customers, the company tries and ensures to support customers and carry out work in the fastest, most timely and effective way, regularly reporting progress. incident 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 our legal services.

Above is the article “What is a collective representative organization for copyright and related rights?”. We hope this article is useful to you.

Cases of using published works that do not require permission but must pay royalties and remuneration

Written by Editor VCD on 5 September, 2023. Posted in Copyright Registration.

Published works are part of protected copyright. Protected issues surrounding this subject matter may include the use or payment for use of those works. Through the article below, we will clarify Cases of using published works that do not require permission but must pay royalties and remuneration

I. Cases of using published works that do not require permission but must pay royalties and remuneration

1. Cases where royalties must be paid even if used without permission:

Article 26 of the Intellectual Property Law stipulates that cases of using published works do not require permission, but must pay royalties, and must provide information about the author’s name and the origin of the work, including:

Broadcasting organizations use published works, works that have been permitted by the copyright owner to be fixed on audio or video recordings for commercial purposes for sponsored broadcasting, advertising or Collecting money in any form does not require permission but must pay royalties to the copyright owner from the time of use. The royalty level and payment method shall be agreed upon by the parties; in case no agreement is reached, the Government’s regulations shall apply.

Broadcasting organizations use published works or works that have been permitted by the copyright owner to be fixed on audio or video recordings for commercial purposes for broadcasting without sponsorship or advertising, or do not collect money in any form without asking for permission but must pay royalties to the copyright owner from the time of use according to Government regulations;

In case the work has been permitted by the copyright owner to be fixed on an audio or video recording for commercial purposes, organizations and individuals may use this audio or video recording in business activities, commerce does not have to ask for permission but must pay royalties to the copyright owner of that work according to the agreement from the time of use; in case no agreement is reached, the Government’s regulations shall apply. The Government shall detail the business and commercial activities specified at this point.

For example, discos, restaurants, hotels, music sites, etc., when using published works (whether sponsored, advertised, or charged for use), do not have to ask permission but royalties must be paid to the copyright owner from the time of use.

For foreign songs and musical works; Copyright collective representative organizations, consultancy organizations, copyright and related rights services that hold the right to use the work or are authorized by the author or copyright holder will represent. to the owner to collect royalties from the users. These organizations will represent the owners to collect the fees of restaurants, discos…

Paying for copyright is to protect the rights and interests of the owner. In particular, subjects such as restaurants, discos, karaoke bars are business entities from the use of musical works, so it is reasonable to pay royalties.

2. Conditions for using the work:

Organizations and individuals using the works listed above must not conflict with the normal exploitation of the work and must not unreasonably harm the legitimate interests of the author or copyright owner must record information about the author’s name and the origin of the work.

In case the use harms the interests of the copyright owner, it may be subject to legal sanctions such as compensation for damages and administrative sanctions.

Exception: The use of works in the above cases does not apply to cinematographic works.

II. Legal services supporting copyright of Vietnam Copyright Development Joint Stock Company

Above is the article “In cases of using published works, permission is not required but royalties and remuneration must be paid“. We hope this article is useful to you.

What are derivative works? Conditions for derivative works to be protected by copyright

Written by Editor VCD on 5 September, 2023. Posted in Copyright Registration.

It cannot be denied that classic works of literature, poetry, music, cinema, etc. are also an inspiration for authors to compose and perform derivative works. In this article, we will analyze the concept of derivative works and conditions for derivative works to be protected by copyright.

1. What is a derivative work?

According to Clause 8, Article 4 of the 2005 Intellectual Property Law, derivative works are defined as works created on the basis of one or more existing works through translation from one language to another, compilation, annotation, selection, arrangement, musical adaptation and other adaptations.

Pursuant to the foregoing, derivative works from an original work include:

Works translated into another language of the original work: mean works translated into another language in a literal way, without misrepresenting the content based on the content of the original work.

Adapted works: are works that adapt to the original work, but have creativity in content, ideas, etc. Adapted works often have new nuances and are different from the original works.

Compilation works: are the synthesis of information, collection and selection of references to rewrite into a new work with the citation of the referenced information sources.

Commentary works: are works that express the opinion and comments of the commentator, explaining the meaning to clarify the content of the original work.

Selected works: understood as a collection of works selected by the editor.

Adapted works: are works created on the basis of the original work by changing the form of expression.

Adapted work: can be understood as works based on the original work but do not change the content of the original work. Currently, the popular form of adaptation is the adaptation of a literary work, story, etc. into a movie, television series, etc.

2. Conditions for derivative works to be protected by copyright?

Derivative works are protected by copyright when meeting the following 04 conditions:

Without prejudice to the copyright in the original work:
- According to Clause 2, Article 14 of the Intellectual Property Law 2005, derivative works are only protected if they do not prejudice the copyright of the work used to make derivative works.
- Works used to make derivative works include literary, artistic and scientific works specified in Clause 1, Article 14 of the Intellectual Property Law.

Must be directly created by the author of the derivative work: Clause 3, Article 14 of the 2005 Intellectual Property Law stipulates that protected derivative works must be directly created by the author using his or her intellectual labor without copied from other people’s work.

With permission of the author, copyright owner of the original work: Article 28 of the Intellectual Property Law 2005 stipulates that derivative works must be authorized by the author, 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, in order for a derivative work to be protected, it must be creative, new and bear the stamp of the author who created the derivative work.

3. Copyright support legal services of Vietnam Copyright Development Joint Stock Company

With a team of experienced legal experts, we are confident in supporting customers in the field of copyright. With the motto of always protecting the legitimate rights and interests of customers, the company tries and ensures to support customers and carry out work in the fastest, most timely and effective way, regularly reporting progress incident 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 our legal services.

Above is the article “What is a derivative work?” What are the conditions for derivative works to be protected by copyright? We hope this article is useful to you.