Author: Editor VCD

Copyright protection for literary works and folk artworks

Written by Editor VCD on 24 March, 2023. Posted in Copyright Registration.

The preservation of indigenous culture is encouraged as society develops, particularly the protection of copyright for literary works and folk artworks. The legal provisions of Vietnam regarding the copyright protection of literary works and folk artworks will be clarified in this essay.

1. The concept of literary works, folk artworks

Literary works and folk artworks are covered by copyright at Point I, Clause 1, Article 14 of the Law on Intellectual Property in 2005, amended and added in 2009 and 2022 (“IP Law”).

Clause 1, Article 23 of the IP Law and Article 18 of Decree 22/2018/ND-CP, literary works, and folk artworks are collective creations on the traditional basis of a group or individuals in order to reflect the aspirations of the community, proportionately express their cultural and social characteristics, Standards and values are handed down by simulation or otherwise. Literary works and folk artworks include:
- Stories, poems, riddles (understood as verbal art forms);
- Singing, musical melodies; Dances, performances, rituals, and games (understood as performing arts such as rowing, canoeing, reform, puppetry, singing, musical melodies; dances, performances, folk games, village societies, folk ritual forms);
- Graphic art products, paintings, sculptures, musical instruments, architectural models, and other art forms are represented in any material form.

2. General principles of copyright protection for literary works and folk artworks

Copyright protection for this kind of work is applied to general copyright protection rules in addition to the application of special provisions for literary works and folk artworks.

The concepts of national treatment, automatic protection, natural protection, and independent protection are the three fundamental tenets governing copyright protection.

Principles of National Treatment: As stated in Article 1 of Article 5 of the Berne Convention, authors of works protected by this Convention are entitled to copyright in all countries, with the exception of the country in which the work was created, as well as any other rights that may be granted to its citizens now or in the future by applicable national law. According to Article 13 of the IP Law, copyright holders who have works protected by copyright also include foreign groups and people whose works are protected in Vietnam by international copyright treaties to which Vietnam is a party.

Automatic or natural defense is based on the following principles: The question of authorship emerges as soon as the work takes on a specific material form, independent of any formalities like registration or publication. Any form of expression through which the public can witness the presence of the work is referred to as having a “material form” in this context. This is confirmed by Clause 1, Article 6 of the IP Law, which states that the author’s claim arises because the work was created and expressed in a specific material form, regardless of content, substance, form, medium, language, publication, or publication, registration or registration, or any other circumstance.

Independent protection principle: As stated in paragraph 2 of Article 5 of the Berne Convention, under which the practice and enjoyment of copyright are entirely independent of whether or not the work is protected in the nation of origin. As a result, in addition to the provisions of this Convention, the degree of protection and the avenues for complaint that ensure the author will be able to defend his rights will completely depend on the laws of the nation where the protection is in effect.

3. The standing of Vietnamese copyright legislation for works of literature and traditional art

In Article 18 of Decree 22/2018/ND-CP, literary works, and folk art are stories, poems, and puzzles; Dances, musical melodies; Dances, performances, rituals, and protected games do not depend on shaping.

The provisions of Clause 2, Article 23 of the Law on Intellectual Property and Clause 4, Article 18 of Decree 22/2018/ND-CP require organizations and individuals to acknowledge the source of literary works or folk art when using such works (specifically, by mentioning the origin and place names of the communities where literary works are located and folk art is formed). This protects the true worth of literary works and folk arts. The aforementioned uses cover gathering, learning about, performing, and educating people about the real worth of literature and folk art.

Duration of protection (specified in Article 27 of the IP Law):

Moral rights are eternally protected, including the right to name works, use a real name or a pseudonym when publishing or using them, protect the integrity of the work from tampering, and prohibit others from altering it in any way that might damage the author’s honor or reputation.

For co-authored works, the protection period lasts until the fiftieth year following the passing of the last co-author. Moral rights (publication of the work or permission for others to publish the work) and property rights are protected for the lifetime of the author and for fifty years after the author’s death. The time of protection expires at 24 hours on December 31 of the year that the copyright protection period ends.

Above is the article “Copyright protection for literary works and folk artworks”, we hope this article is useful to you.

What is intellectual property? Why do businesses have to protect intellectual property?

Written by Editor VCD on 22 March, 2023. Posted in Copyright Registration.

Intellectual property is now a significant global issue in the booming era of science and technology, not just a national one. Intellectual property rights are increasingly at risk of infringement as the number of intellectual goods rises, particularly in the age of technology. For the owner of intellectual property rights, security is therefore crucial. Vietnam Copyright will also discuss the need for intellectual property protection in the company in this article.

1. What is intellectual property?

The inventive works of the human mind are known as intellectual property. It may include literary or musical compositions, computer programs, discoveries, practical solutions, or industrial designs. Vietnamese law has established intellectual property rights as a means of regulating these assets and protecting them. These rights include copyright and rights associated with copyright, industrial property rights, and rights to plant types.

2. Why do businesses have to protect intellectual property?

The advancement of businesses and society depends on the protection of intellectual property rights because:

Intellectual property protection fosters creativity: For ownership holders, intellectual property protection serves as the impetus to help them create, devote their time and energy to study projects, advance methodologies, and produce high-quality goods.

Protection of intellectual property rights helps businesses succeed by minimizing losses and preventing financial losses brought on by rivals’ “appropriating” activities.

A healthy competitive climate produced by intellectual property protection catalyzes economic expansion. Intellectual property legislation prohibits using trademarks that are identical to or confusingly similar to those that are protected, as well as using protected confidential information without authorization.

Intellectual property protection boosts a company’s reputation: Organizations and individuals must commit years of time and money to research and development (creation, testing, etc.) before introducing a product to the public. In order to demonstrate to customers the brand’s quality and image, intellectual property is protected.

Intellectual property protection helps the nation: In addition to the above reasons, protecting intellectual property also affects politics. Protecting intellectual property rights is a requirement for nations wishing to join the World Trade Organization. As a result, the preservation of intellectual property rights is crucial to our nation’s economic integration with the rest of the world.

3. Legal services supporting the copyright of VCD

With a team of experienced legal experts, VCD is confident in supporting clients with issues in the field of Copyright. With the motto of always protecting the legitimate rights and interests of customers, VCD tries and ensures to keep customers and implement work in the fastest, most timely, and effective way, regularly report the progress of the case as well as provide further action plan so that customers can easily monitor and evaluate work results. Customers can completely trust and feel secure when using VCD’s services.

Above is the article “What is intellectual property? Why do businesses have to protect intellectual property?”. We hope this article is helpful to you.

Respect

Copyright protection for musical works

Written by Editor VCD on 21 March, 2023. Posted in Copyright Registration, Musical work.

The evolution of music parallels the evolution of society; it is a vehicle for the precise expression of human needs, desires, and emotions. The legislation states that music products are also copyright protected, but for more information on the particular protection rules, please see the “Copyright protection for musical works” VCD article below.

1. Understand what a musical work is?

Musical works are one of the subjects protected by copyright and are specified in Point d Clause 1 Article 14 of the Law on Intellectual Property.

The definition of musical works is specified in Article 10 of the Government’s Decree No. 22/2018 dated February 23, 2018, detailing a number of articles and measures to implement the 2005 IP Law amended and supplemented in 2009.

Specifically: “A musical work specified in Article 14 of the Law on Intellectual Property is a work expressed in the form of musical notes in a sheet or other musical characters or shaped on a sound recording, video recording with or without lyrics, it doesn’t depend on whether or not to perform.”

However, since the work was produced and expressed in a specific material form, as stated in Article 6 of the Law on Intellectual Property, copyright will be protected. In other words, once a product is produced and its existence can be verified, it will now be covered by copyright. The same holds for musical compositions; if the composer has not yet finished composing the melody in his or her thoughts, the composition is not protected. The authorship of that musical work won’t become apparent until the artist expresses the work in a specific material form (writing melodies, notes, or expressions on a computer, for example).

2. Copyright protection for musical works

The State’s adoption of legal standards that establish a legal foundation for the establishment, recognition, and protection of legitimate rights and interests for organizations and individuals about musical works produced by them can be understood as copyright protection for musical works.

In particular, it covers the topics of creating and utilizing musical work copyright, managing, using, and operating musical work copyright, and defending musical work copyright from infringements.

3. Conditions for musical works to be protected by copyright

Conditions for musical works for copyright protection

The sort of work must be molded from a specific material.

Only when the song is expressed as a musical note, written on paper, or entered into a computer is the song eligible for copyright protection. If the melody is only formed in the musician’s head, it is not a protected musical work.

The content doesn’t violate societal morality or public order, and it doesn’t compromise national security or defense.

As stated in Clause 1 of Article 8 of the Law on Intellectual Property, “Recognition and protection of intellectual property rights of organizations and individuals on the basis of ensuring the harmonization of the interests of intellectual property rights holders with public interests; do not protect intellectual property objects that are contrary to social morality, public order, or harm to the environment” is the core of the State’s intellectual property policy.

Conditions of authors whose musical works are protected in Vietnam

The author’s work is a Vietnamese citizen;

The work is owned by Vietnamese citizens, legal entities, and organizations;

Works of foreigners and foreign legal entities are created and expressed in certain material forms in Vietnam;

Works of foreigners and foreign legal entities were first published and disseminated in Vietnam;

Works of foreigners and foreign legal entities are protected in Vietnam under international treaties that Vietnam has signed or acceded to.

Therefore, when the aforementioned requirements are satisfied and the musical work is expressed in a specific material shape, authorship of the musical work becomes evident.

In reality, instances of plagiarism or the copying of lyrics are relatively common, but the author rarely takes action because they can’t demonstrate that they are the rightful owners of the song. Because of this, copyright registration is one of the best methods to safeguard work, provides reliable justification for dealing with infringers, and gives the owner a benefit in cases of unpaid royalties to organizations and unauthorized use of the author’s musical work.

Above is the article “Copyright protection for musical works“. We hope this article is useful to you.

Respect