Author: Editor VCD

Sanctioning of Administrative violations for the acts of copyright infringement

Written by Editor VCD on 28 August, 2023. Posted in Copyright Registration.

Acts of copyright infringement are administratively sanctioned according to Decree No. 131/2013/ND-CP stipulating on sanctioning administrative violations of copyright and related rights, as amended and supplemented by Decree No. 28/2017/ND-CP and Decree No. 129/2021/ND-CP (collectively referred to as “Decree 131”). Copyright owners should research Decree 131 before requesting competent state agencies to handle acts of copyright infringement. In this article, we will clarify the provisions of Decree 131 on Sanctioning of Administrative violations for the acts of copyright infringement

1. For some acts of copyright infringement

Note: The fine bracket outlined below applies to individuals. For the same violation stated below, the fine bracket for organizations is twice as much as that for individuals.

Article 8: Acts of transporting, and stockpiling the pirated goods

A fine of between VND 3,000,000 and 5,000,000 shall be imposed for transporting goods produced without permission of the copyright or related right owners.

A fine of between VND 5,000,000 and 10,000,000 shall be imposed for stockpiling goods produced without permission of the copyright or related right owners.

Remedial measures: Confiscation of material evidence.

Article 9: A fine of between VND 2,000,000 and 3,000,000 shall be imposed for using a work without indicating the real name or pen name of its author or its title or indicating a wrong real name or pen name of the author or a wrong title of the work on copies of the work, phonogram, video recording or broadcast program.

Remedial measures: Forcible correction publicly using mass media about false information; Forcible correction of the name of the author, the title of the work on copies of the work, phonogram, video recording, or broadcast program which contain false information about the name of the author, the title of the work.

Article 10: Acts of infringing upon the right to protect the integrity of works..

A fine of between VND 3,000,000 and 5,000,000 shall be imposed for arbitrarily modifying or mutilating a work causing damage to the honor and prestige of the author.

A fine of between VND 5,000,000 and 10,000,000 shall be imposed for distorting a work causing damage to the honor and prestige of the author.

Remedial measures: Forcible correction publicly using mass media about inaccurate information; Forcibly removing copies of the work which is infringed, in electronic form, on the network and digital environment, or forcible destruction of material evidence.

Article 11: A fine of between VND 5,000,000 and 10,000,000 shall be imposed for publishing the work without the permission of the copyright owners in accordance with regulations.

Remedial measures: Forcible correction publicly using mass media.

Article 12: A fine of between VND 5,000,000 and 10,000,000 shall be imposed for making derivative works without permission of the copyright owner.

Remedial measures: Forcibly removing copies of the work which is infringed, in electronic form, on the network and digital environment.

Article 13: Acts of infringing upon the right to allow performing the works to the public;

A fine of between VND 5,000,000 and 10,000,000 shall be imposed for a live performance of a work to the public without permission of the copyright owners in accordance with regulations.

A fine of between VND 10,000,000 and 15,000,000 shall be imposed for performance through audio or video-recorded programs or whatever technical means accessible by the public without permission of the copyright owner in accordance with regulations.

Remedial measures: Forcibly removing copies of phonograms, and video recordings, which are infringed.

Article 14: A fine of between VND 5,000,000 and 10,000,000 shall be imposed for renting originals or copies of cinematographic works or computer programs without the permission of the copyright owners in accordance with regulations.

Article 15: A fine of between VND 10,000,000 and 30,000,000 shall be imposed for distributing the works without permission of the copyright owners.

Remedial measures: Forcibly removing copies of the work which is infringed, in electronic form, on the network and digital environment, or forcible destruction of material evidence.

Article 16: A fine of between VND 200,000,000 and 250,000,000 shall be imposed for importing originals or copies of works without permission of the copyright owners in accordance with regulations.

Remedial measures: Enforced the re-export of material evidence. In case of failure to enforce the re-export of material evidence, the enforced destruction of material evidence shall be applied.

Article 17: A fine of between VND 15,000,000 and 30,000,000 shall be imposed for communicating a work to the public by wire or wireless means, an electronic information network, or any technical means without the permission of the copyright owner in accordance with regulations.

Remedial measures: Forcibly removing copies of the work which is infringed.

Article 18: A fine of between VND 15,000,000 and 35,000,000 shall be imposed for reproducing the works without permission of the copyright owners.

Remedial measures: Forcibly removing copies of the work which is infringed, in electronic form, on the network and digital environment, or forcible destruction of material evidence.

Article 19: A fine of between VND 10,000,000 and 15,000,000 shall be imposed for forging the signatures of authors on the works.

Remedial measures: Forcible destruction of material evidence.

Article 20: Acts of infringing upon the right to apply technological solutions to self-protect copyright

A fine of between VND 3,000,000 and 5,000,000 shall be imposed internationally for deleting or modifying copyright management information in electronic form attached to the original or copies of a work.

A fine of between VND 5,000,000 and 10,000,000 shall be imposed for intentionally canceling or deactivating technical and technological solutions applied by the copyright owner to protect the copyright to his/her work. The following remedial measures shall be applied: Enforced destruction of material evidence.

A fine of between VND 10,000,000 and 20,000,000 shall be imposed for producing, assembling, mutating, distributing, importing, exporting, selling, or renting devices or system to deactivate technical and technological solutions applied by the copyright owner to protect copyright to his/her work. The following remedial measures shall be applied: Enforced the re-export of material evidence. In case of failure to enforce the re-export of material evidence, the enforced destruction of material evidence shall be applied.

Above is the article “Administrative penalties for copyright infringement (Part 1)“. Please follow Part 2 in our next post.

CRIMINAL RESPONSIBILITY FOR INFRINGEMENT OF COPYRIGHT, AND RELATED RIGHTS

Written by Editor VCD on 24 August, 2023. Posted in Copyright Registration, Copyright-related rights.

The infringement of copyright and related rights has several financial and reputational consequences for the author and the owners of copyrights and related rights. Therefore, improving the supervision and punishment of copyright infringement acts becomes an urgent requirement, assisting in the protection of rights owners’ property. According to the provisions of Section 225 of the Criminal Code 2015, as amended and supplemented in 2017 (“The Criminal Code”), individuals and commercial legal entities may be examined for criminal responsibility for the infringement of copyright, and related rights. In this article, we will focus on analyzing Article 225 of the Criminal Code on the crime of infringing upon copyright and related rights.

1. Criminal liability for individuals

A person who, without the consent of the owners of copyrights and related rights, deliberately commits any of the following acts which infringe upon copyrights and related rights protected in Vietnam for commercial purposes or to earn an illegal profit from VND 50,000,000 to under VND 300,000,000 or causes a loss of from VND 100,000,000 to under VND 500,000,000 for the owners of such copyrights and related rights, or with the violating goods assessed at from VND 100,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years’ community sentence:

Making copies of works, video recordings, and audio recordings publicly available.

This offense committed in any of the following circumstances carries a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 06 months – 03 years imprisonment:

Additional criminalities: The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000 and prohibited from holding certain positions or doing certain works for 01 – 05 years.

2. Criminal liability for commercial legal entities

Any commercial legal entity without the consent of the owners of copyrights and related rights, deliberately commits any of the following acts which infringe upon copyrights and related rights protected in Vietnam for commercial purposes or to earn an illegal profit of from VND 200,000,000 to under VND 300,000,000 or causes a loss of from VND 300,000,000 to under VND 500,000,000 for the owners of such copyrights and related rights, or with the violating goods assessed at from VND 300,000,000 to under VND 500,000,000; earns an illegal profit of from VND 100,000,000 to under VND 200,000,000 or causes a loss of from VND 100,000,000 to under VND 300,000,000 for the owners of such copyrights and related rights, or with the violating goods assessed at from VND 100,000,000 to under VND 300,000,000 while having incurred an administrative penalty for any of the offenses specified in this Article or having an unspent conviction for the same offense shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000:

Making copies of works, video recordings, or audio recordings;

Making copies of works, video recordings, and audio recordings publicly available.
A commercial legal entity that committed in any of the following circumstances shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or has its operation suspended for 06 months and 02 years:
The offense is committed by an organized group;

The offense has been committed more than once;

The illegal profit reaped is VND 300,000,000 or more;

The loss incurred by the owners of copyrights and related rights is VND 500,000,000 or more;

The illegal goods are assessed at VND 500,000,000 or more.

Additional criminalities: The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000 and be banned from operating in certain fields or raising capital for 01 – 03 years.

3. Legal services to support copyright protection of Vietnam Copyright Development Joint Stock Company

With a team of experienced legal experts, VCD confidently assists Clients in resolving issues related to copyright protection. With the principle of always protecting Clients’ legal rights and interests, VCD strives to provide the most prompt and effective work implementation. Besides, VCD regularly reports the progress and provides the next action plan so that Clients can easily monitor and evaluate the work results. Clients can completely trust our legal services to protect the copyright.

Above is the article “Criminal responsibility for infringement of copyright, and related rights“. We hope this article is useful to you.

Invalidation of copyright registration certificates, related rights registration certificates

Written by Editor VCD on 24 August, 2023. Posted in Copyright Registration, Copyright-related rights.

To protect the legitimate rights and interests of authors, copyright owners, and related rights owners, the intellectual property law has established regulations on the invalidation of the Copyright registration certificates (“CRCs”) and the Related rights registration certificates (“RRRCs”). In this article, we will focus on clarifying the legal provisions related to the invalidation of CRCs and RRRCs so that readers can do it in practice.

1. Competence of invalidation of Copyright Registration Certificates, Related Rights Registration Certificates

According to the provisions in Section 39 of Decree No. 22/2018/ND-CP, the Copyright Office of Vietnam is competent to invalidate CRC and RRRC. Therefore, when a request for invalidation of the CRC or RRRC arises, individuals and organizations need to submit dossiers to the Copyright Office of Vietnam.

Cases of invalidation of Copyright Registration Certificates, Related Rights Registration Certificates

Firstly, the Copyright Office of Vietnam shall invalidate the CRC or RRRC in case the person to whom the certificate of registered copyright or registered related rights is granted is not the author, owner of the copyright or related rights or the registered work, audio recording, video recording or broadcast is ineligible for protection.

Secondly, any organization or individual that discovers that a certificate of registered copyright certificate or registered related rights was granted against the Intellectual Property Law shall be entitled to request the Copyright Office of Vietnam to invalidate the certificate.

Dossier of request for invalidation of Copyright Registration Certificates, Related Rights Registration Certificates

To invalidate the CRC or RRRC, depending on the specific case, organizations and individuals need to submit the following documents:

An application for invalidation of CRC or RRRC;

Documents proving that CRC or RRRC was issued in contravention of the provisions of the Intellectual Property Law (if any);

Documents proving that the person to whom the certificate of registered copyright or registered related rights is granted is not the author, owner of the copyright or related rights or the registered work, audio recording, video recording, or broadcast is ineligible for protection (if any);

02 copies of works or 02 copies of performances, phonograms, video recordings, broadcasts (if any);

An effective decision or judgment of the court, or decision of an authority having the power to take actions against intellectual property rights infringement on invalidation of the certificate of registered copyright or related rights (if any);

The copy of the granted CRC or RRRC (if any).

Depending on the reason for requesting invalidation of the CRC or RRRC, the individual or organization needs to provide the Copyright Office of Vietnam with appropriate documents. The fact that individuals and organizations provide sufficient documents to prove the invalidation request will assist this Office to accelerate the implementation of the invalidation of CRC or RRRC.

Time limit for invalidation of Copyright Registration Certificates, Related Rights Registration Certificates

The Copyright Office of Vietnam shall issue the decision to invalidate the certificate of registered copyright or related rights within 15 working days from the receipt of any of the following documents:

An effective decision or judgment of the court, or decision of an authority having the power to take actions against intellectual property rights infringement on invalidation of the certificate of registered copyright or related rights;

A document of the organization or individual that was granted the certificate of registered copyright or related rights requesting invalidation of the granted certificate.

Legal services to support copyright protection of Vietnam Copyright Development Joint Stock Company

Above is the article “Invalidation of copyright registration certificates, related rights registration certificates“. We hope this article is useful to you.

Measures to handle acts of copyright infringement

Written by Editor VCD on 18 August, 2023. Posted in Copyright Registration.

In recent years, acts of copyright infringement have occurred frequently, seriously affecting the rights and interests of authors and copyright owners (hereinafter referred to as “copyright owners“). Therefore, “what to do when a work is infringed” has become one of the most concerned topics for authors and creators. In this article, we will focus on clarifying the measures that can be applied to handle acts of copyright infringement.

1. Acts of copyright infringement

Acts of copyright infringement specified in Article 28 of the Intellectual Property Law (“IP Law”) include the following acts:

Infringement of the moral rights and property rights of authors and copyright owners.

Failure to perform or fully perform the duties specified in Section 25, 25 (a) and 26 of the IP Law.

Deliberately destroying or de-activating the effective technological measures implemented by the copyright owner to protect the copyright in his or her work in order to commit the acts specified in Article 28 and Article 35 of the IP Law.

Producing, distributing, importing, offering, selling, promoting, advertising, marketing, leasing, or storing a device, product or component for commercial purposes; introducing or providing services knowing or having reason to know that the equipment, product or component is manufactured or used for deactivation of an effective technological measure for protection of copyright.

Deliberate deletion, removal or change of Right management information (“RMI”) without consent of the author, copyright owner knowing or having reason to know that such act will encourage, facilitate or conceal copyright infringement as prescribed by law.

Deliberately distributing, importing for distribution, broadcasting, communicating or publicly providing copies of works knowing or having reason to know that RMI has been deleted, removed or changed without consent of the copyright owner; knowing or having reasons to know that such act will encourage, facilitate or conceal copyright infringement as prescribed by law.

Failure to comply with or fully comply with regulations in order to be exempt from legal liability of intermediary service providers prescribed in Clause 3 Article 198b of the IP Law.

2. Measures applied to handle acts of copyright infringement

Self-protection measures, negotiation

Since the creation of a work, the copyright owners should apply technological measures to protect their rights, provide rights management information, or apply other technological measures to prevent copyright infringement. Technological measures applied may include access control or usage control.

In particular, copyright owners should register their copyright with the Copyright Office. Registration will provide the owner with evidence to prove their ownership of the work. In case of a dispute, the Copyright Registration Certificate will be an important basis for determining the ownership of the work. Organizations and individuals that have been granted a Copyright Registration Certificate are not obliged to prove their ownership in case of a dispute, except where there is evidence to the contrary.

When discovering that their work has been infringed, first of all, the copyright owners should negotiate with the individual or organization that committed the infringement. Copyright owners can send warning documents, request that the infringing party ceases the infringing activity, remove and delete infringing content on the telecommunications network and the Internet, public apology and rectification, payment of damages for loss.

If negotiation with the infringing party is not possible, the copyright owner can apply more severe measures. The copyright owner can apply administrative or criminal measures by requesting competent authorities to handle copyright infringement or apply civil measures by filing a lawsuit with a Court or Arbitration to protect their legitimate rights and interests.

Civil remedies

When filing a lawsuit at a Court or Arbitration, the copyright owner may request the following measures to handle the infringer:

– Compulsory termination of the infringing acts;

– Compulsory public apology and rectification;

– Compulsory performance of civil obligations;

– Compulsory payment of damages for loss;

– Compulsory destruction, distribution or use for non-commercial purposes of goods, raw materials and materials, and facilities used principally for the production or trading of goods which infringed the copyright, provided that such destruction, distribution or use will not affect the owner’s ability to exploit the copyright.

Administrative measures

Infringing copyright is subject to administrative sanctions under Decree No. 131/2013/ND-CP on administrative sanctions for copyright and related rights violations, amended and supplemented by Decree No. 28/2017/ND-CP and Decree No. 129/2021/ND-CP (collectively referred to as “Decree 131”).

Copyright owners should study Decree 131 and determine the form of sanction for the infringing act and the competent authority to impose the sanction. From there, the copyright owner can submit a request for handling violations and proofs to the right competent agency for settlement.

Criminal measures

The copyright owner may exercise the right to denounce crimes against individuals or commercial legal entities that infringe copyright. Individuals and commercial legal entities that commit acts of copyright infringement with sufficient elements to constitute a crime shall be prosecuted for criminal liability according to Article 225 of the 2015 Criminal Code, as amended and supplemented in 2017, providing for the crime of infringing copyright and related rights. However, when exercising the right to denounce a crime, the copyright owner should thoroughly study the law’s provisions and prepare sufficient evidence proving the act of infringing the copyright. False denunciations will be subject to disciplinary action, administrative sanctions, or criminal liability according to the law’s regulations, depending on the nature and extent of the violation.

3. Legal services to support copyright protection of Vietnam Copyright Development Joint Stock Company

With a team of experienced legal experts, VCD confidently supports Clients in handling issues related to copyright protection. With the principle of always protecting the legal rights and interests of Clients, VCD strives to provide the most prompt and effective support and implementation of work, regularly reporting the progress as well as providing the next action plan so that Clients can easily monitor and evaluate the work results. Clients can completely trust our legal services to protect the copyright.

Above is the article “Measures to handle acts of copyright infringement“. We hope this article is useful to you.

Procedures for registration of copyright and related rights in Vietnam

Written by Editor VCD on 18 August, 2023. Posted in Copyright Registration, Copyright-related rights.

Copyright and related rights have gained more attention from creators in recent years. Along with that, one of the biggest concerns of authors, copyright and related rights owners is the procedure of registration of copyright and related rights. In this article, we will clarify the legal provisions related to copyright and related rights registration procedures in Vietnam.

1. Procedures for registration of copyright and related rights in accordance with Vietnamese law

According to the provisions of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, and 2022 (“IP Law“)) and Decree No. 22/2018/ND-CP, the registration of copyright, related rights will be done according to the following steps:

Step 1: Determine the type of work that will be registered for copyright protection, the object that will be registered for related rights protection

Step 2: Prepare documents for copyright registration or related rights registration

Note: The application must be made in Vietnamese; if it is made in another language, it must be translated into Vietnamese (except for the declaration of copyright and related rights registration, which must be made in Vietnamese).

After completing step 1, Authors, owners of copyright and related rights may directly or authorize other organizations or individuals to submit applications for registration of copyright or related rights to copyright authorities, whether in person, by post, or on National Public Service Portal. The application will include the following documents:

– Declaration for registration of copyright, made according to form No. 01, declaration for registration of related rights according to form No. 02. Form No. 01 and Form No. 02 are issued according to Circular No. 08/2016/TT-BVHTTDL July 2, 2016, of the Minister of Culture, Sports and Tourism.

The declaration form must be written in Vietnamese and contains information about the applicant, the author, the owner(s) of copyright or related rights; completion time; summarized content of the work, performance, audio recording, video recording or broadcast; the name of the author, copyright owner, the work used for the creation of the derivative work if the work to be registered is a derivative work; time, location and form of publication; information about re-grant or replacement (if any); commitment to take responsibility for the information provided in the declaration form. The declaration must bear the signature or fingerprints of the author, owner of the copyright, and owner of related rights unless they are not physically capable of signing or appending fingerprints.

– Two copies of the work that is the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration.

– Documents proving ownership of artistic freedom or assignment of creative works, creativity contract, inheritance of rights, transfer of rights.

– Written consent of the co-authors in the case of work under joint authorship.

– Written consent of the co-owners if the copyright or related rights are jointly owned.

– Copy of citizenship/passport of the author, owners of copyright and related rights, authorized representative, and applicant.

– Author’s statement.

– A certified copy of the certificate of enterprise registration, establishment decision, etc. (in case the registration subject is a legal entity or an organization).

– Authorization letter if the applicant is an authorized person.

Note: Depending on each specific case, the above documents may be changed and supplemented accordingly.

Step 3: Submit an application for copyright registration or related rights registration

Authors, owners of copyright and related rights may directly or authorize other organizations or individuals to submit dossiers for registration of copyright or related rights in a direct manner, via the postal service or through the online public service portal for the state management agency in charge of copyright and related rights. The agency receiving dossiers is the Copyright Office in Hanoi City or the Representative Office of the Copyright Office in Ho Chi Minh City, Da Nang City (collectively referred to as the “Copyright Office“).

Step 4: Track the submitted application

Within 15 working days from the receipt of the valid application, the copyright authority shall grant the certificate of registered copyright or registered related rights to the applicant or notify the applicant in writing in case the application is rejected.

Step 5: In case of refusal to issue a certificate, the applicant needs to amend and supplement the dossier according to the opinion of experts and submit a modified dossier

Step 6: Get a Copyright Registration Certificate or Related Rights Registration Certificate

Organizations and individuals must pay fees when they receive the Copyright Registration Certificate or Related Rights Registration Certificate. Fees are specified in Article 4 of Circular 211/2016/TT-BTC stipulating the fees for processing applications for registration of copyright and related rights, the collection, transfer, and management thereof.

2. Legal services to support copyright protection of Vietnam Copyright Development Joint Stock Company

Above is the article “Procedures for registration of copyright and related rights in Vietnam“. We hope this article is useful to you.

Re-issuance, replacement of Copyright registration certificates and Related rights registration certificates

Written by Editor VCD on 18 August, 2023. Posted in Copyright Registration, Copyright-related rights.

Copyright registration certificates (“CRCs”) and Related rights registration certificates (“RRRCs”) are considered documents showing the ownership of works and related rights of authors and owners. When these certificates are lost, damaged, or require information to be changed, the owner or author needs to carry out procedures for re-issuance or replacement depending on each case. In this article, we will focus on clarifying the Vietnamese legal regulations related to the re-issuance and replacement of CRCs and RRRCs.

1. Competence, cases of re-issuance and replacement of Copyright registration certificates and Related rights registration certificates

Competence of re-issuance and replacement

According to the provisions in Article 35 of Decree 22/2018/ND-CP, the Copyright Office of Vietnam has the authority to re-issue and change the CRC and RRRC.

Cases of re-issuance and replacement

The CRC or RRRC shall be re-issued in case the CRC or RRRC is lost or damaged.

The CRC or RRRC shall be replaced in case of change in the owner of the copyright or related rights, information about the work, author, copyright owner, information about the subject matter of related rights, and owner of related rights.

2. Dossier for re-issuance or replacement of Copyright registration certificates and Related rights registration certificates

Dossier for re-issuance of CRCs and RRRCs

An author, copyright owner, or related rights owner seeking re-issuance of a CRC or RRRC shall file the following documents: an application form for registration of copyright or related rights (using the prescribed form); 02 copies of the work or 02 copies of performance, phonogram and video recording, or broadcast.

Dossier for replacement of CRCs and RRRCs

An author, copyright owner, or related rights owner seeking a change of a CRC or RRRC shall file the following documents:

– An application form for registration of copyright or related rights (using the prescribed form);

– 02 copies of the work or 02 copies of performance, phonogram, and video recording, or broadcast;

– Documentation evidencing the change;

– The former CRC or RRRC.

3. Time limit for re-issuance or replacement of Copyright registration certificates and Related rights registration certificates

In case of re-issuance CRC, RRRC: Within seven (07) working days from the date on which a satisfactory application is received, the Copyright Office is responsible for re-issuing CRC or RRRC.

In case of replacement of CRC, RRRC: Within twelve (12) working days from the date a satisfactory application is received, the Copyright Office may be responsible for changing CRC or RRRC.

If the application is rejected, the Copyright Office shall issue a written notice and explain the application.

4. Legal services to support copyright protection of Vietnam Copyright Development Joint Stock Company

Above is the article “Re-issuance, replacement of Copyright registration certificates and Related rights registration certificates“. We hope this article is useful to you.

Best regards,

Validity of Copyright Registration Certificate, Related Rights Registration Certificate in accordance with Vietnamese law

Written by Editor VCD on 18 August, 2023. Posted in Copyright Registration, Copyright-related rights.

Copyright and related rights have become increasingly important to creators as intellectual property has evolved in recent years. The author or owner’s rights might be quickly lost if he or she does not have full knowledge of the duration of protection for a copyright or related right. In this article, we will clarify the Vietnamese legal regulations concerning the validity of the Copyright Registration Certificate and Related Rights Registration Certificate.

1. Time limit for granting copyright registration certificates, related rights registration certificates

According to the provisions of Article 52 of the Intellectual Property Law, within 15 working days from the receipt of the valid application, the copyright authority shall grant the certificate of registered copyright or registered related rights to the applicant or notify the applicant in writing in case the application is rejected.

2. Regulations on the validity of copyright registration certificates, related rights registration certificates

Spatial effect

According to the provisions of Section 53 of the Intellectual Property Law and Section 41 of Decree No. 22/2018/ND-CP, the Copyright Registration Certificate and Related Rights Registration Certificate shall be valid throughout the entire territory of Vietnam.

Any copyright registration certificates and related rights registration certificates which were granted by the State administrative body for copyright and related rights before the effective date of this Law shall continue to be valid. Various kinds of copyright registration certificates and related rights registration certificates granted by the Copyright Protection Firm of Vietnam, the Copyright Protection Agency of Vietnam, the Literature – Art Copyright Office or the Copyright Office of Vietnam shall continue to be valid.

Effect of time

Vietnam grants different terms of protection for different types of works, and the term of protection also differs between moral rights and property rights.

Moral rights include Name the work; Have their real names or pseudonyms attached to their works; Have their real names or pseudonyms announced when their works are published or used; Protect the integrity of their works; and forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author is protected indefinitely.

Moral rights (Publish or permit other persons to publish their works) and property rights have the following term of protection:

Content 1: Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of seventy-five years from the date of first publication. For cinematographic works, photographic works, and works of applied art that remain unpublished within twenty-five years from the date of fixation, the term of protection is one hundred years from the date of fixation. For anonymous works, when information on their authors is published, the term of protection will be calculated according to Content 2.

Content 2: A work not specified in Content 1 is protected for the whole life of the author and for fifty years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author.

The term of protection specified in Content 1 and Content 2 expires at 24:00 o’clock on December 31 of the year of expiration of the copyright protection term.

3. Legal services to support copyright protection of Vietnam Copyright Development Joint Stock Company

Above is the article “Validity of Copyright Registration Certificate, Related Rights Registration Certificate in accordance with Vietnamese law”. We hope this article was useful to you.

Legal provisions on copyright and related rights transfer contracts

Written by Editor VCD on 18 August, 2023. Posted in Copyright Registration.

Currently, the transfer of copyright and related rights between individuals and organizations is very common. Copyright and copyright – related rights are subject to protection under the provisions of the Intellectual Property Law. Therefore, in order to use and protect these rights, it is necessary to obtain the permission of the right holder through the transfer of the right to use copyright and related rights. Current law also has specific provisions on copyright and related rights transfer contracts as follows:

1. Overview of copyright and related rights transfer contracts

Section 4 (2) of the Intellectual Property Law 2005 (amended and supplemented in 2009, 2019, Intellectual Property Law for short) stipulates that copyright is “the right of an organization or individual to a work created by themselves”. According to Section 4 (3) of the Intellectual Property Law, copyright-related rights (related rights) are “the rights of organizations and individuals to performances, phonograms, video recordings, broadcasts, coded program-carrying satellite signals”.

Accordingly, the owner of copyright and related rights is the person who enjoys the moral and property rights as prescribed by law. The owner may use by himself or let others use it; they also have the right to dispose of and transfer ownership of such copyright and related rights to others. Owners may dispose of certain rights in their possession by giving up, inheriting or transferring those rights to others through a contract.

Section 45 (1) of the Law on Intellectual Property generally provides for the assignment of copyright and related rights as follows: “The assignment of copyright and related rights is the act of copyright or related rights holders. transfer ownership of the rights specified in Section 19 (3), Section 20, Section 29 (3), Section 30 and Section 31 of this Law to other organizations or individuals under a contract or as prescribed by law. related”.

Thus, it can be understood that a contract for the assignment of copyright and related rights is a document expressing the agreement and unification of the will of the assignor and the assignee. Accordingly, the assignor being the owner of copyright or related rights transfers the ownership of one or several of his/her personal rights and property rights to the assignee being an individual or organization in the form of: scope, duration … are determined by the two parties in the contract.

2. Legal characteristics of copyright and related rights assignment contracts

The contract for the right to franchise copyright and related rights is a special civil contract. In addition to the characteristics of civil contracts such as nature of many legal cases, consent; With or without compensation, a copyright assignment contract also has the following specific characteristics:

– The contract for the assignment of copyright and related rights has the subject matter of personal rights and property rights. If the object of a civil contract can only be property or work, the object of a contract for the assignment of copyright and related rights also has the subject of moral rights. Usually, this moral right is a moral right attached to property and is transferable under the law. However, moral rights are a very limited subject and only certain moral rights prescribed by law can become the subject of this contract.

– The contract for the transfer of related rights is a contract for the transfer of ownership: Because the subject matter of the contract is intangible powers, the “transfer” here represents the transfer of property rights legal. The assignee will acquire ownership of the subject matter of the contract from one of the following three times: (1) the effective date of the contract; (2) the time when the parties agree otherwise; (3) other provisions of the law. Also from the time of such assignment, the assignor shall cease to be the owner of the transferred rights. Therefore, after the assignment, the assignor has no right to use and dispose of those rights.

3. Contents of contract for assignment of copyright and related rights

Section 46 of the Law on Intellectual Property, the contract on assignment of copyright and related rights is as follows:

1. A contract for assignment of copyright and related rights must be made in writing, including the following principal contents:

a) Full name and address of the assignor and assignee;

b) Grounds for the transfer;

c) Price, payment method;

d) Rights and obligations of the parties;

dd) Liability for breach of contract.

2. The performance, modification, termination or cancellation of contracts on assignment of copyrights and related rights shall comply with the provisions of the Civil Code.

The contract for the assignment of copyright and related rights also has the characteristics of a civil contract, including names and addresses of two parties; transfer grounds; prices, payment methods; rights and obligations of the parties and responsibilities when breach of contract occurs. Therefore, the performance, modification, termination and cancellation of the contract on assignment of copyright and related rights shall be applied in accordance with the provisions of the Civil Code. It should be noted that the price of art in general and the value of works in particular cannot be quantified as material, but depends on subjective and objective factors, the ability to perceive and evaluate the parties… to provide a reasonable figure in the contract.

In addition, the Intellectual Property Law also has a new provision on the case of works, performances, phonograms, video recordings and broadcasts with co-owners, “the transfer must be subject to the agreement of the all co-owners; In case there is a co-owner, but the work, performance, phonogram, video recording or broadcast has separate parts that can be separated for independent use, the copyright owner, the related rights holders have the right to assign their respective copyrights and related rights to other organizations and individuals” (Section 45 (3)). In addition, in case an organization or individual is managing anonymous works, they are still entitled to transfer the rights to anonymous works to other organizations and individuals and receive remuneration from such right assignment. However, organizations and individuals that receive this right are only entitled to the rights of the owner until the identity of the author is identified.

Above is the article: “Law on transfer of copyright and related rights contracts”. Hope the article will be helpful to you.

What conditions must a performance show to be protected?

Written by Editor VCD on 17 August, 2023. Posted in Copyright-related rights, Performance.

A work can be disseminated to the public in many different ways. However, in order for that work of art to be widely known to the public, it needs to be shown on popular music programs and platforms. A performance, in addition to the author’s composition, the performer must present that work on programs and social platforms with the support of phonogram and video recording producers and broadcasting organizations. What conditions must a performance show to be protected?

1. Performance definition

Art is a series of actions, characteristic of people and the products created by those activities. Performing arts activities are activities of creating artistic products shaped in the form of texts, sounds, images to communicate directly or indirectly through technical means to the public. This activity is expressed in the form of art performance, circulation of phonograms and video recordings with artistic performance content. Section 2 (3) of Decree 144/2020/ND-CP stipulating performance activities with the explanation “types of performing arts include theater art, music, dance and other forms of folk performances from traditional to modern of Vietnam and the world”.

According to Section 4 (3) of Intellectual Property Law 2005 (amended and supplemented in 2009, 2019, referred to as the Intellectual Property Law for short), rights related to copyright (hereinafter referred to as related rights) means the rights of organizations and individuals to encrypted performances, phonograms, video recordings, broadcasts, and program-carrying satellite signals. Thus, the performance is understood as theatrical art, music, dance and other forms of folk performance; communicated directly or indirectly through technical means to reach the public.

2. Conditions for a performance to be protected according to the law

However, not all performances are protected by the Law on Intellectual Property of Vietnam in particular and the law of Vietnam in general. Section 17 (1) Intellectual Property Law, in order for a performance to be protected, the following conditions must be met:

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 phonograms or video recordings are protected under Section 30 of this Law;

d) Performances that have not been fixed on phonograms or video recordings that have been broadcast are protected under Section 31 of this Law;

dd) Performances protected under international treaties to which the Socialist Republic of Vietnam is a signatory.

According to the principle of territorial validity of copyright, the place where the performance is performed is also one of the conditions for the protection of the performance. The laws of each country generally only protect performances by their own nationals, performances performed within their national territory and other circumstances subject to bilateral or multilateral agreements on the relevant matter to which the State is a party or a signatory. In addition to the principles specified in international treaties such as the principle of citizen treatment, the principle of most-favored nation treatment (TRIPS Agreement), Section 17 (1) of the Law on Intellectual Property of Vietnam stipulates with Performances where the performers are Vietnamese citizens, whether performed in Vietnam or abroad, are protected by Vietnamese law. In addition, performances performed by foreigners in Vietnam are also protected under Vietnamese law and in a number of other specific cases as prescribed by law.

In addition, this performance must be guaranteed to be performed for the first time or fixed for the first time (conditions of form or performance). Related rights to the performance arise from the time the performance is fixed or performed without prejudice to the copyright.

According to Section 2 (c) of the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty (hereinafter referred to as the WPPT Treaty) to which Vietnam is a member, there is a fixed definition “as the expression of sounds sound, or this representation, from which sounds may be perceived, reproduced, or communicated through a device.” In Section 4 (5) of Decree No. 100/2006/ND-CP dated September 21, 2006 of the Government detailing and guiding a number of articles of the Civil Code and the Intellectual Property Law on copyright, related rights, fixation is understood as: “expression in writing, other characters, lines, shapes, layouts, colors, sounds, images or representations of sounds or images under definite physical form from which it can be recognized, reproduced or communicated”. Therefore, it can be understood that the performance through the performer’s own creative activity or a combination of a number of relevant elements such as color, composition, lines, shapes, sound to create a performance. In performance activities, the creativity of performers is an important factor to form their image, one of the important personal rights that the law protects for performers.

Thus, in addition to the legal basis specified in Section 17 (1) of the Intellectual Property Law, the performance must be fixed for the first time, expressing the creativity of the performer and not causing damage to the copyright. Then, the performance will be protected by related rights to the fullest extent.

Above is the article “What conditions must a performance show to be protected?” Hope the article is useful to you.

Why is purely news reporting not covered by copyright protection?

Written by Editor VCD on 15 August, 2023. Posted in Copyright exploitation cooperation services, Copyright-related rights.

With the continuous development of society and the changes of the world, updating news quickly and accurately is a very important task for agencies under the Ministry of Information and Communications. Therefore, from the perspective of the law in general and the Intellectual Property Law in particular, a question arises: Why is purely news reporting not covered by copyright protection?

1. What is copyright?

Before answering the above question, it must be understood that copyright “is the right of an organization or individual to a work created or owned by them” (Section 4 (2) Intellectual Property Law 2005, edit amended and supplemented in 2009 and 2023, hereinafter referred to as the Law on Intellectual Property). An artwork “is a creative product in the fields of literature, art and science expressed by any means or form” according to Section 4 (7) Intellectual Property Law.

Creativity is understood as that work is created by the author with his intellect and emotions and is expressed in a certain form such as stories, poems, cinematic works… regardless of content, quality, form, means, language, published or unpublished, registered or unregistered, and the State guarantees the individual’s creative freedom within the framework of the law. In addition, the author fully has the right to dispose of his rights obtained from the work and is protected when there is an infringement of copyright by a competent State agency.

2. Grounds for becoming the subject of copyright protection

Copyright is protected when the work is creative (originality) and the form of expression of the work (formality). The originality is expressed in that the work must be the result of one’s own intellectual creation, not copied from another’s work, expressing the author’s own. The formability is expressed by the method of expressing that work in writing, characters, lines, shapes, layout… Therefore, the Intellectual Property Law has regulated the types of works that are protected by rights. authors in Section 14, including:

(1) Literary and scientific works, textbooks, and other works expressed in writing or other characters;

(2) Lectures, speeches and other speeches;

(3) Press works;

(4) Musical works;

(5) Theatrical works;

(6) Cinematographic works and works created by a similar method (hereinafter collectively referred to as cinematographic works);

(7) Works of fine art and applied art;

(8) Photographic works;

(9) Architectural works;

(10) Maps, diagrams, maps, drawings related to topography, architecture, scientific works;

(11) Literary and folk art works;

(12) Computer programs, data collection.

3. Explain why purely news reporting is not covered by copyright protection

Based on Section 19 (1) of Decree No. 22/2018/ND-CP detailing a number of articles and measures to implement the Intellectual Property Law 2005 and the Law amending and supplementing a number of articles of the Intellectual Property Law 2009 about copyright and related rights, “The pure news of news as provided for in Section 15 (1) of the Intellectual Property Law is daily short press information, which is for reporting purposes only. Be creative.”

It can be understood that these are “current” news, which need to be delivered to the public as quickly as possible, just bulletins, figures, reflecting objective facts such as: epidemics, natural disasters. Accidents, events taking place at home and abroad… are collected, synthesized and honestly reflect objective things and events, which are not the expression of creativity, or any distinctive features. that of an individual, or a certain subject. Therefore, purely news reporting is not within the scope of copyright protection, as provided for in Section 15 (1) of the Intellectual Property Law.

Reposting current news will not require written permission, but it is necessary to cite specific sources, both to ensure the accuracy of information, and to show respect for the author. However, if the re-posting of this information is inaccurate compared to the original information, affecting the reputation and causing damage to the author, the author has the right to claim compensation.

During the news reporting process, if any additional feelings, evaluations, comments are added to express their views and thoughts, express their creativity and a different perspective on that current news and can be present in certain physical form or by any means, such news coverage may be protected.

Above is the article ” Why purely news reporting is not covered by copyright protection?“. Hope the article is useful to you.