Author: Editor VCD

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.

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.

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

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 services.

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.

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.

The work is considered as the brainchild of the author, which the author spends time and effort to perfect in the most perfect way. Therefore, copyright protection for works plays a very important role in recognizing the creativity of the creator. However, there are now many bad actors who, despite the unethical behavior, steal other people’s work in exchange when it has not been published. So, properly understand what the publication of the work is, please read with VCD to follow the article “Understand how true the publication of the work” below.

1. What is the publication of the work?  What is the right to publish a work?

1.1. Publication of works

Unpublished works are the most vulnerable to theft because no one has yet claimed ownership of them. To easily prove ownership of the work when there is a dispute, authors and copyright holders should publish their work to the public as soon as possible.

Understood in the usual way, publication of works is the public release of literary, artistic and scientific works to let people know in forms such as publishing, displaying, performing, presenting… or registering such work at a competent state agency per with the provisions of law.

1.2. Right to publish works

Publishing works is one of the important contents of copyright. The author in the case of being simultaneously the owner of the work has the full right to publish, disseminate or for others to publish and disseminate his work. When announcing a work, the author also has the right to choose the form and type of art suitable for that work.

The right to publish a work or allow others to publish the work is one of the moral rights of copyright provided for in the Law on Intellectual Property.

According to Clause 2, Article 20 of Decree 22/2018/ND-CP dated February 23rd 2018 detailing many articles and measures to implement the Law on Intellectual Property in 2005 and the Law amending and supplementing several articles of the Law on Intellectual Property in 2009 on copyright and related rights stipulates:

“The right to publish the work or allow others to publish the work specified in Clause 3, Article 19 of the Law on Intellectual Property means the release of the work to the public with a reasonable number of copies to meet the needs of the public depending on the nature of the work,  performed by the author or copyright owner or by another individual or organization with the consent of the author or copyright owner.

Publication of works does not include the performance of a theatrical, cinematic, musical work; public reading of a literary work; broadcasting literary and artistic works; display of photographic works; building from architectural works.”

It can be seen that, from the perspective of copyright law, the term “publication of works” is interpreted differently from the usual understanding. Accordingly, publication of the work is understood as the release of copies of the work to the public, in reasonable quantities to meet the needs of the public depending on the nature of the work, with the consent of the copyright owner. The publication of the work depends on the subjective will of the author or copyright owner, regardless of the time of appearance or the number of times the work was introduced to the public and whether it was known to the public.

Thus, the time of publication of a work is the time when the author, the copyright owner releases to the public a reasonable number of copies of the work to meet the needs of the public.

2. The meaning of the publication of the work

Determining whether a work has been published or not is important to the author or copyright owner for the following reasons:

First, identifying a published work means determining when that work is published. This moment is important in the calculation of the protection period of the work.

Second, the identification of a published work determines the territorial limits for which the work is protected because the scope of copyright protection is territorial.

Third, the identification of published works determines the limits of copyright and related rights. The limit of copyright protection and related rights is the cases of using works without permission, without paying royalties and remuneration specified in Articles 25 and 32 of the Law on Intellectual Property 2022. Only “published” works can apply these two laws.

The labor of research and creativity is the tool and product of a cultural environment to which any countercultural behavior that occurs in that cultural environment is opposed.  Therefore, to best protect the interests of authors and copyright owners, creators should register for copyright protection and related rights for their works.

Above is the article “Understand how true the publication of the work”. We hope this article is useful to you.

Art is an integral part of human life. Musical and theatrical artworks are often known to the public through the transmission of performers. However, the performer is not the person who writes the content of the work, but only the person who expresses the work through different types of theater, by technique, and by the creativity of the individual performer. Where did the content of those performances come from, it is impossible not to mention the merits of the authors, who spent time and effort to create the works. So, what is the relationship between the performer and the author, before performing works, do the performers need to ask permission from the author? In the following article, we would like to detail this content “To perform works of art do performers have to ask permission from the author?”

1. The concept of performing arts and performers

Performing arts programs from traditional art forms such as rowing, canoeing, and reform, … to modernity such as music shows, variety shows, … are no strangers to us today. From a legal perspective, according to Clause 1, Clause 2, Article 2 of Decree 79/2012/ND-CP, performing arts is understood as follows:

“Performing arts is the performance of a performer’s public live show, repertoire, or performance;” and

“Performing arts include: Tuong, cheo, cai luong, circus, puppetry, bai choi, drama, folk drama, pantomime, musical, symphony, singing, dance, music, recitation of poems, comedy, variety show, and other performing arts.”

Regarding performers, the performer is the common name of actors, singers, musicians, dancers, and others who present literary and artistic works (According to Clause 1, Article 16 of the Law on Intellectual Property). Performers are one of the subjects subject to related rights protection under the provisions of law.

2. To perform works of art, do performers have to ask permission from the author?

The right to perform the work in public is one of the property rights of the author, specified at Point b, Clause 1, Article 20 of the Law on Intellectual Property. Accordingly, the author, the copyright owner is the holder of the right to “perform the work in public directly or indirectly through sound recordings, video recordings or any technical means at a location accessible to the public but the public cannot freely choose the time and part of the work“.

Since the author is the holder of the right to perform the work in public, individuals and organizations that want to perform the work must obtain permission from the author and pay royalties to the author to use the performance rights. The performance of the work without obtaining permission from the author, and without paying royalties to the author is an infringement of copyright under Article 28 of the Law on Intellectual Property.

However, there is one exception where the performer does not need to obtain permission nor pay royalties to the author. At Point g, Clause 1, Article 25 of the Law on Intellectual Property provides for exceptions that do not infringe copyrights stipulating that “Performance of theatrical, musical, dance and other forms of performing arts in cultural activities and propaganda activities, not for commercial purposes” for published works is not asking for permission, do not have to pay royalties but must have information about the author’s name and the origin and appearance of the work. For example, performing work at a collective meeting at a school, residential area, or company not for commercial purposes is allowed to perform without permission, however, they have to clearly inform the author’s name and the origin of the work.

For acts of infringing on the right to allow public performances, Article 13 of Decree 131/2013/ND-CP stipulates administrative sanctions as follows:

“Article 13. Infringement of the right to allow the work to be performed in public

1. A fine ranging from VND 5,000,000 to VND 10,000,000 for performing the work directly in public without the permission of the copyright owner as prescribed.

2. Fines ranging from VND 10,000,000 to VND 15,000,000 for performing works through sound programs, video recordings, or any technical means accessible to the public without the permission of the copyright owner as prescribed.

3. Remedies: Forcibly removing copies of audio or video recordings in violation of the acts specified in Clause 2 of this Article.”

The above is an administrative fine for individuals, if the organization commits a similar violation, the violating organization will be fined twice as much as the individual.

Above is the article “To perform works of art, do performers have to ask permission from the author? ” We hope this article is useful to you.

The icon © is a familiar symbol, not unfamiliar to everyday internet users, often used in the copyright notice at the bottom of every website. A symbol is a symbol © of the term copyright – “copyright”, which is usually associated with a specific object (e.g. a book, website,…) with the meaning that the object has been protected by copyright. To find out more information about the logo © and its use, Vietnam Copyright is clearly stated in the article below.

1. Origin of the symbol ©

The symbol © first appeared in Section 18 of the U.S. Copyright Act of 1909. Initially, this symbol was used only for works of painting, graphics, and sculpture.

Before the advent of symbolism ©, people were conscious of copyright protection. People used symbols and other signs to assert the copyright or officialness of a work. Those symbols are used as a tool to restrict what a printer can publish, like a form of seal, indicating that a license has been granted and that the printed book is genuine. Symbols denoting the copyright status of the work were found in the Scottish almanac of the 1670s, books containing a print of the local coat of arms to confirm the book’s officialness.  At the same time, people also use copyright notices to authenticate the work as original. However, it wasn’t until 1802 that copyright notices became mandatory under the Copyright Act of 1802 in the United States. The act requires publishers, if they want copyright protection, to include a copyright notice in their books, to publish a copyright notice on the title page or the page behind it. Initially, this copyright notice was quite long, specifically:

“Entered according to act of Congress, the _____ day of _____ 18 _____ (here insert the date when the same was deposited in the office) by A. B. of the State of _____ (here insert the author’s or proprietor’s name and the State in which he resides).  ”

Later, the Copyright Act was amended in 1874 to allow the use of a shortened notice: “Copyright, 18__, by A. B.” However, the use of the above notice still causes a nuisance for works of painting, maps, graphics, and sculptures, therefore, by 1909, the symbol © was used to make it easy to show that the work was copyrighted and that it originally applied only to works of painting, graphics, and sculpture. By 1954, U.S. law had amended and allowed the logo © for any work to be published and copyrighted.

The symbol © is commonly used around the world through the provisions of the Universal Copyright Convention (UCC). Since the 50s of the twentieth century, the United States has been under the influence of copyright becoming an international issue. However, the United States was not a party to the Bern convention, the leading copyright treaty at the time. The Berne Convention requires all countries to eliminate procedures for copyright protection, including notice and registration, but the United States at the time was not ready to do this. The Global Copyright Convention, formed in 1952 and entered into force in 1955, retains the position of requiring copyright procedures (Clause 1 of Article 3 of the Convention), including a copyright notice bearing a symbol © with the name of the copyright owner and the year of its first publication, and the United States has acceded to that convention.
2. How is the symbol © used today?

Currently, the use of symbols © is hardly mandatory, except in countries with specific regulations. However, it is still advisable to use copyright symbols © and notices to provide further evidence in a dispute that the alleged infringer should have known that the work was copyrighted. Besides, since the United States acceded to the Bern Convention in 1989, works published in the United States before March 1, 1989, are still subject to the copyright notice that is mandatory.

In Vietnam, the use of logos © and copyright notices is not mandatory. Vietnam is a party to the Bern Convention and Vietnamese law does not provide for the use of any symbol or copyright notice as a condition for the work to be protected.

Above is the article “How is the © symbol understood?” of Copyright Vietnam. Hope this article brings useful information to readers.