Author: Editor VCD

Does making lyric videos violate audio copyright on Youtube?

Written by Editor VCD on 27 February, 2025. Posted in Announcement, Copyright Registration, Musical work.

Lyric videos have become an indispensable part of the online music world, giving music lovers the opportunity to enjoy the melody along with the lyrics vividly. However, when creating these videos, many people ask the question: Does making lyric videos violate audio copyright on YouTube? The following VCD article will help you.

1. What is a lyric video?

Lyric videos are a type of video that focuses on displaying the lyrics of the song on the screen when the song is played. They are a type of video that combines audio and lyrics. With this method, the singer does not need to appear nor does he really need to care about the listener’s emotions. Instead, the visual inspiration and deep meaning of each lyric in the song are what listeners really focus on. Therefore, this is a genre that many people love.

In addition, lyric videos are also considered a good way for artists to test the audience’s taste before the song becomes an official single. They determine the success rate of the song when the MV is released, and the investment level for a lyric video is not high and costs less than a music MV, so it not only increases the media effect but also helps artists save costs.

Does making lyric videos violate audio copyright on Youtube?

2. Does making a lyric video violate copyright on Youtube?

Music copyright is the author’s right to a work expressed in the form of musical notes in a music sheet or other musical symbols or shaped on a recording, video recording with or without lyrics, regardless of whether it is performed or not from the time the author creates the product. Therefore, when referring to a musical work, it includes both the music and the lyrics. Therefore, when an artist writes a song, they own the copyright in that musical work, and if they record a version of that song, they own a second copyright in that recording.

YouTube Copyright Rules:

Content creators are only allowed to upload videos that they have produced or have the rights to use. This means that they are not allowed to upload videos that they did not create themselves, nor are they allowed to use copyrighted content from others in their videos without permission. For example, using music, excerpts from copyrighted programs, or videos produced by other users without the permission of the author or copyright owner is not allowed.

Audio in videos uploaded to YouTube is generally classified into three main types:

Free or copyright-free: audio can be used freely without fear of copyright infringement.

When uploading a video containing audio in the third category, the YouTube system will immediately copyright it and take measures to prevent it.

Therefore, most of the audio from the network falls into cases two and three, while the first case is self-recorded or composed audio.

There are two main ways to make a video without copyright infringement of music:

Self-recording: This is the best way for you to fully own the copyright for the audio content.

Use music from the YouTube Audio Library: This library has more than 150,000 songs and 100,000 sound effects that you can use freely. You can access it at YouTube Audio Library.

In the audio library, there are three main sections:

Free Music: This is a section that contains free sounds and music. You can download and use it without worrying about copyright. Music genres from classical to hip-hop are available.

Ad-Supported Music: These are copyrighted songs but you can still use them. However, you need to pay attention to the usage restrictions. For example, if you use the song “Let it Go,” your video may be banned in some countries. You cannot download these songs, but can only refer to the information.

Free Sound Effects: This section provides free sound effects, from baby crying to bomb explosions, and you can download and use them freely.

From the above, it can be seen that making lyric videos without permission from the copyright owner for the lyrics and background music will have a high probability of violating copyright on YouTube. To avoid risks, use audio and content with clear copyright or free content.

Above is the article “Does making lyric videos violate audio copyright on Youtube?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Character copyright and things to know

Written by Editor VCD on 20 February, 2025. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

In the context of the increasingly strong development of the entertainment and creative industry, protecting intellectual property rights for comic characters, game characters, mascots and other cultural icons has become an essential requirement. These characters are not only artistic products but also valuable commercial assets, contributing to building brands and attracting audiences. So, what do you need to know about character copyright? The following article by VCD will help you.

1. What is character copyright?

Character creation is the use of necessary means, materials and tools to create character shapes with different lines, shapes, colors in 2D or 3D form including details about the appearance, appearance, costumes, gestures and nuances of that character.

Character images are creative products expressed in many forms and saved on many entertainment channels such as: stories, cartoons, entertainment games, etc.

Character copyright is the intellectual property right for the characters you create, including elements such as name, image, personality, related story or any other characteristics you have developed for that character. This right protects your creations from being copied or used illegally by others.

2. Character copyright issues in the world

In the world, character copyright protection has become an important factor in the entertainment and creative industry. Two typical examples are Disney’s Mickey and the characters in the Marvel universe.

Mickey Mouse is one of the most famous copyrighted characters in the world. Since its inception in 1928, Disney has invested heavily in protecting Mickey’s image and brand copyright. The company uses measures to prevent unauthorized use of Mickey’s image.

Or in the Marvel universe with a series of famous characters such as: Spider-Man, Iron Man, … is also one of the typical examples of effective copyright protection of character images. Marvel Studio has applied strong copyright protection strategies including copyright registration for characters, stories and even related symbols.

Protecting character copyright not only prevents illegal copying but also creates great business opportunities from products associated with character images.

Protecting character copyright through the example of Disney and Marvel helps companies maintain control and maximize the economic value of the characters they create, contributing to promoting creativity.

3. Character copyright issues in Vietnam

In Vietnam, character copyright issues are specifically regulated in the 2022 Law on Intellectual Property of Vietnam and other guiding documents.

Regarding the subject of registration: character images can be registered for protection under the name of an applied art work. This is one of 14 types of works under the Law on Intellectual Property, specifically regulated in Clause 8, Article 6 of Decree 17/2023/ND-CP:

“8. An applied art work specified in Point g, Clause 1, Article 14 of the Law on Intellectual Property is a work expressed by lines, colors, shapes, and layouts with useful features, which can be attached to a useful object, produced by hand or industrially, including: Graphic design (expression of logos, product identification and packaging; expression of characters); fashion design; Aesthetic design associated with product shaping; interior design, interior decoration, exterior decoration with aesthetic nature. Applied art works are expressed in the form of aesthetic product shaping, which cannot be easily created by people with average knowledge in the relevant field and do not include the external shape of the product that is required to perform the function of the product.”

Regarding the nature of copyright over character images: it is the right of the author/copyright owner to prevent others from illegally copying their character shaping. When having a Certificate of Copyright Registration, the owner is not obliged to prove that the copyright belongs to him/her in the event of a dispute.

Registration conditions: Character image works when registered under this mechanism must ensure creativity and originality, not copied from any source.

Copyright for the character image arises when the work is formed without having to carry out the procedure of establishing rights. However, this automatic protection mechanism is very difficult to prove and protect the rights of the author and copyright owner when a dispute occurs, so it is recommended that the author and owner carry out the registration procedure to have legal documents proving the copyright of the work.

Above is the article “Character copyright and things to know” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Liability for compensation for damages caused by copyright infringement

Written by Editor VCD on 20 February, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In modern society, where creativity and innovation are the main driving force for development, copyright has become one of the core values that need to be protected. However, copyright infringement is widespread, causing not only financial losses but also damage to the honor and reputation of authors. When the rights of authors are infringed, determining and compensating for damages becomes an urgent and complicated issue. This is not only to restore the rights of creators but also to contribute to maintaining a healthy creative environment. The following article by VCD will help you.

1. Determining damages caused by copyright infringement

Liability for compensation for damages caused by copyright infringement is the legal responsibility that the party directly or indirectly committing the act of copyright infringement causing damage must compensate for the damage.

Pursuant to Article 204 of the Law on Intellectual Property 2022 and Articles 69 to 74 of Decree 17/2023/ND-CP, the determination of damages caused by copyright infringement is divided into the following two groups:

1.1. Determining material damages caused by copyright infringement

Property loss

Property loss is the decrease in the value of copyright after the infringement occurs compared to before the infringement or compared to the value of that copyright that would have been achieved. Pursuant to Article 71 of Decree 17/2023/ND-CP, property damage is determined according to the level of decrease or loss of value in terms of money of the protected copyright and related rights. To determine the loss, it is necessary to determine:

The value of copyright at the time before the infringement occurred or the value of copyright that would have been achieved if the infringement had not occurred.

The value of copyright after the copyright infringement has occurred may or may not have ended.

Loss of income, profit, business opportunities

Income and profit are benefits that the copyright owner would have received when exploiting the work normally. The loss or reduction of benefits from the ability to use the property is also a type of damage caused by infringement.

Other material damages

Reasonable costs to prevent and remedy damage specified in Point a, Clause 1, Article 204 of the current Intellectual Property Law include 2 groups:

Group one is the cost to prevent and limit damage, including costs for temporary detention, preservation, storage, and storage of infringing goods, costs for implementing temporary emergency measures, and reasonable costs for hiring appraisal services.

Group two is used to remedy damage. The cost of notification and correction in the mass media is a form of damage remedy cost, regaining consumer confidence in the product.

These costs must serve to prevent and remedy damage and must be reasonable to satisfy the conditions to be considered a type of damage to be compensated.

1.2. Determining spiritual damage due to copyright infringement.

Loss of honor and dignity

Human dignity is the good qualities of a person that express the spiritual value of an individual as a human being. Spiritual damage in this case is the negative assessment with different levels of society on one or more aspects of the capacity, morality, … of the copyright subject. From there, it lowers their honor and reputation.

Loss of reputation

Reputation is the value that reflects the trust and popularity of the subject in the field of literature, art and science. Spiritual loss in this case is the decrease in the level of trust, fame, and positive influence of the copyright subject on the public related to the protected copyright.

Other spiritual losses

Such loss can be the loss of the author’s trust when an infringement occurs. A work of art, created with passion and expectation to bring new value to the public, can be negatively affected by copyright infringement. This leads to a decrease or even loss of initial expectations, undermining the authors’ trust.

Liability for compensation for damages caused by copyright infringement

2. Determining the level of compensation for damages caused by copyright infringement

The determination of the level of compensation for damages is specified in Article 205 of the Law on Intellectual Property as follows:

2.1. Determining the level of compensation for material damages caused by copyright infringement

Determining the level of compensation for material damages based on determined damages

Based on the total material damages: the total material damages and the number of illegal profits the defendant has obtained from the infringement. However, not all cases can be determined by this method.

Based on the name of the transfer price of the right to use: The transfer price of the right to use is calculated on the basis of the assumption that the defendant is transferred the right to use by the plaintiff under the use contract within the scope corresponding to the infringement committed. Determined on one of the following bases:

The amount payable if the right holder and the infringer freely agree and sign a contract to transfer the right to use that copyright.

The assumed transfer price of the right to use is determined according to the method of determining the amount that the right holder and the transferee could have agreed upon at the time of the infringement, if the parties had agreed on that amount.

The transfer price of the right to use is applied in the corresponding field stated in previous transfer practices.

According to another calculation method proposed by the copyright holder: this provision allows the right holder to have more opportunities to determine the most beneficial compensation level for themselves in addition to the previous fixed calculations. However, this is a rather open provision and is likely to be inappropriate when applied in practice.

The level of compensation for material damage is determined by the Court

In cases where it is not possible to determine the specific level of compensation for material damage based on the above grounds, the provision of a reserve nature is applied, allowing the level of compensation to be determined by the Court.

2.2. Determining the level of compensation for spiritual damage due to copyright infringement

Determining the level of compensation for damage based on the total spiritual damage

Although it has been determined that spiritual damage includes loss of honor, dignity, reputation and other losses, there is no basis for determining how much money the reduction of these factors is calculated because these are all abstract factors that are difficult to assess.

The level of compensation for spiritual damage is determined by the Court

Article 205, Clause 2 of the Law on Intellectual Property stipulates the right to request the Court to decide on the level of compensation within the limit of five million VND to fifty million VND depending on the level of damage. Therefore, based on the loss of honor, dignity, prestige, reputation and other mental losses, the Court determines the level of compensation for damages according to the above provisions.

Above is the article “Liability for compensation for damages caused by copyright infringement” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Is reuploading videos on social networks a copyright violation?

Written by Editor VCD on 12 February, 2025. Posted in Announcement, Audio and video recording, Broadcast, Cinematographic work, Copyright Registration.

In today’s digital world, online content such as videos, images and articles are being widely shared on social networking platforms. One of the prominent trends is reuploading existing videos to different social networking platforms. This action, although seemingly simple and convenient, has many potential legal and ethical issues, especially related to intellectual property rights. So, is reuploading videos a copyright violation? The following article from VCD will help you.

1. What is reup?

Reup is an abbreviation of the English word “reupload” which means re-posting other people’s videos to their social networking accounts for many different purposes. The poster does not need to spend too much effort and creativity, but simply copies the available videos and re-posts them with their own accounts. This also includes modifying, improving quality or meeting user requests.

Benefits of reuploading:

One of the main reasons why many people consider reuploading content is to save time. Typically, creating a new article, image or video requires a lot of time and effort to come up with ideas and execute. Therefore, reposting previously successful content helps you save a lot of time.

The cost of hiring services or producing content on social networks can be very diverse. Short videos of just a few minutes can cost a lot of money and require a team to produce. Therefore, many businesses often consider carefully before investing in marketing. If done correctly, reuploading can help you save a lot of money.

Any video or content requires an investment of effort, time and money. However, no one can be sure that the content they post will receive positive feedback from viewers. Having invested a lot of effort and money, reuploading content is a way to save effort and recover capital faster.

2. Does reuploading videos on social networks violate copyright?

Copyright is stipulated in the 2022 Intellectual Property Law. Accordingly, copyright protects the author’s creative products, including videos. This means that any video created is owned by its creator, and using that video without the author’s consent is a violation of copyright.

Many people are currently performing the act of “re-up” videos in the language of the internet called “video theft”. Copyright issues will bring many risks to those who reupload content on social networks. Reuploading other people’s videos without the owner’s permission is a violation of copyright. May lead to legal consequences and be handled according to intellectual property law on copyright.

Some people have taken advantage of the ease of video editing to “remix” (edit, cut and paste) other people’s content to make money on social networking platforms. They often use editing software to change the form of the video, thereby limiting the risk of being “caught” by copyright. However, this action not only violates intellectual property rights but also causes many negative consequences for the entire creative community. Even if edited, using other people’s content without consent is still considered copyright infringement, and the original authors have the right to request compensation and remove the content. When technology platforms tighten copyright regulations, they will be “copyrighted”. The policies of technology social networking platforms are very specific and strict about content and content ownership rights. Reposting content from the site or on other platforms is very likely to infringe copyright. And the content you reup will be copyrighted and required to be removed from the site. Along with that, these platforms also issue warnings.

In addition, depending on the level and nature of the behavior, the violator may be handled by civil, administrative and criminal measures according to the Law on Intellectual Property on copyright. The copyright owner or the damaged party can completely sue or report to the competent authorities for settlement.

At the same time, in the event that someone else takes and posts a video that infringes copyright on a third-party website, the copyright owner of that video can report to the website’s management page, provide evidence and request the removal of the infringing videos.

Above is the article “Is reuploading videos on social networks a copyright violation?” that VCD sends to you. We hope this article is useful to you.

Best regards,

What to do when your work is copyrighted by another entity?

Written by Editor VCD on 12 February, 2025. Posted in Announcement, Copyright Registration.

With the rise of social networking platforms and the increasing number of content that can be broadcast live to millions of users, the dissemination and unauthorized use of copyrighted works such as music, videos, and images is becoming easier and more common. However, there are many cases where the owner is copyrighted on his own work. So, what to do when your own work is copyrighted by another entity? The following article from VCD will help you.

1. The mechanism of “copyright strike” in Vietnam

Copyright strike is a term used to refer to the act of reporting copyright infringement on cyberspace. When a work is used without the owner’s permission, they have the right to request the removal of the infringing content or take other legal measures.

Many countries around the world have enacted copyright strike and copyright strike removal mechanisms, also known as Notice and Takedown Process, typically the Notice and Takedown process associated with the US Digital Millennium Copyright Act of 1998 (US Process). The US Digital Millennium Copyright Act, also known as the “Digital Millennium Copyright Act” (DMCA). This mechanism, commonly known as the “DMCA notice and takedown process,”.

Basically, the copyright infringement handling process in Vietnam will be similar to the process in the US. However, unlike the US process, the Vietnamese process does not follow specific steps but is a dual process, divided into two parts: “72-hour and 10-working-day process” and “24-hour and 10-working-day process,” implemented at the request of the enforcement agency, as prescribed in Articles 113 and 114 of Decree 17/2023/ND-CP.

27-hour and 10-working-day process: The online service provider will rely on the supporting documents submitted by the rights holder, including evidence of the subject’s status, infringing acts, location, and links to the suspected infringing digital content. Within 24 hours, the service provider will temporarily remove or block or prevent access to that digital content and notify both the rights holder and the content owner. After 10 working days from the temporary removal, if no objection notice is received with any supporting evidence, the service provider will officially remove and block access. In case of receiving a response from the party requested to remove within 72 hours, the service provider will restore the removed or blocked digital information and forward the objection document with evidence.

24-hour working process: Online service providers must remove or block access to copyright-infringing content within 24 hours of receiving the request from the enforcement agency. At the same time, they must notify the party whose content was removed and report the implementation results to the enforcement agency within no more than 24 hours. If there is an objection from the party whose content was removed or from the service provider, one of these parties has the right to complain, denounce or initiate a lawsuit according to the law against the decision of the enforcement agency.

2. Current situation

Copyright infringement in Vietnam, especially on social networking platforms, has been occurring in many forms for many years. Therefore, most digital platforms today follow the mechanism prescribed in Decree 17/2023/ND-CP. Digital technology platforms always have tools to support automatic resolution. Social networking platforms are online service providers with their own copyright protection tools and follow a dual process. To use this tool, you must register and be approved for use. After approval, the Owner will add the content that he/she exclusively owns and wants to protect the copyright to the Reference Library. Then, this copyright tool will scan the content posted on the platforms and give results based on the provided database.

A typical example that is currently causing a stir is the incident where a clip about a TV show produced by a company and owning the copyright was arbitrarily re-posted by another media unit and put the video in the category of its copyright, leading to the company’s official channel being copyrighted by a technology platform, attracting public attention. Notably, this unit also declared that the video was copyrighted by it. This action led to the company’s official channel being copyrighted on platforms, affecting its reputation and finances.

As a large, reputable company with a separate team assigned to monitor and scan for copyright violations of the content it produced and broadcast, it was copyrighted by another unit on its own work. Is it because the company has not registered the copyright of the work with the competent State agency? Is it because the staff has not been proactive in monitoring and detecting violations? Or is it because the support tools on the platforms are not tight enough?… These are the reasons why your own work is being attacked by other units.

3. What to do when your own work is copyrighted by another entity?

Registering copyright for the work:

The first and important step is that individuals and organizations should register the copyright of their creation, although this registration is not mandatory, it is the basis and basis to prove the legality of ownership of the work when a dispute arises.

Reverse copyright strike:

From the basis of having registered copyright for the work, the owner has full evidence (Copyright and related rights appraisal results and Copyright Certificate) to directly request the infringing party to immediately stop the unauthorized use of their work and indirectly request digital platforms to request the removal and prevention of copyright infringement.

Submit a request for handling copyright infringement to a competent State agency:

If the infringing party does not stop the copyright infringement, the owner shall submit a request for handling copyright infringement to a competent State agency such as the Copyright Office or the Inspectorate of the Ministry of Culture, Sports and Tourism for consideration and handling.

File a lawsuit in court:

If administrative measures are ineffective, a lawsuit can be filed in court to request compensation for damages and other remedial measures. The court may require the infringing party to stop the infringement, compensate for damages and bear the costs related to handling the infringement.

Above is the article “What to do when the work you created is copyrighted by another entity?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Is watching pirated movies illegal?

Written by Editor VCD on 5 February, 2025. Posted in Announcement, Cinematographic work, Copyright Registration.

Nowadays, technology and the internet are increasingly developing, accessing entertainment content has become easier than ever. At that time, pirated movies appeared as a complex phenomenon, attracting the attention of many people. However, watching pirated movies is not simply an act of entertainment; it also raises many ethical and legal questions. Besides short-term benefits, viewers may face unforeseen risks and consequences. So, is watching pirated movies really illegal? The following article from VCD will help you.

1. What kind of movies are pirated movies?

Pirated movies can be understood as unauthorized copies or copies without copyright ownership of cinematic works. These movies are often copied, distributed and distributed illegally without the consent of copyright owners or authorized units.

Currently, the situation of watching “free” movies online is becoming popular, making illegal copying and distribution of movies a big problem. Pirated movies often come from copying from different sources including foreign websites or even from Vietnamese websites that have purchased copyrights to show movies according to regulations and show them for free on that website.

Pirated movies not only harm the film industry but also pose risks of information security for viewers because accessing pirated websites can lead to fraud or malware infection.

This situation causes many problems for the film industry, not only reducing revenue but also affecting the rights of directors, actors, producers and workers in the industry. Failure to comply with copyright laws also causes unfair competition between legal film production and distribution units.

2. Is watching pirated movies illegal?

Currently, the Intellectual Property Law 2022 and other related laws do not have specific regulations on watching pirated movies. Therefore, watching pirated movies is not considered a violation of the law. Therefore, it is not subject to any legal sanctions.

However, if the pirated movie viewer performs actions such as sharing or distributing copyrighted content, then the pirated movie viewer may be held legally responsible according to the provisions of the law.

Accordingly, Article 17 of Decree 131/2013/ND-CP stipulates the level of penalties for acts of infringement of the right to communicate works to the public as follows:

Acts of infringement of the right to communicate works to the public

1. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for acts of communicating works to the public by wire, wireless, electronic information networks or any technical means without permission from the copyright owner as prescribed.

2. Remedial measures:

Forcing the removal of copies of infringing works for acts specified in Clause 1 of this Article.

Therefore, if a person watching pirated movies shares or disseminates copyrighted content on websites, it is considered an act of infringement of intellectual property rights. Specifically, infringement of the right to communicate works to the public can be subject to an administrative fine of 10 million to 30 million VND depending on the severity of the violation. In addition, remedial measures may also be applied, such as forcing the removal of copies of infringing works.

At the same time, viewers of pirated movies who share or disseminate copyright-infringing content may be prosecuted if there are sufficient elements for criminal prosecution. Pursuant to Article 225 of the 2015 Penal Code, amended by Point a, Clause 52, Article 1 of the Law amending the 2017 Penal Code, which stipulates the crime of infringing copyright and related rights, pirated movie sites that show movies without copyright permission may be subject to a maximum fine of 1,000,000 billion VND to 3,000,000 billion VND or suspension of operations for a period of 06 months to 02 years if they are commercial legal entities.

Commercial legal entities that violate the law may also be fined from VND 100,000,000 to VND 300,000,000, banned from doing business, banned from operating in certain fields or banned from raising capital from 01 year to 03 years.

It can be seen that strict control and handling measures according to the law need to be implemented to prevent the increase of pirated movies on the internet, while protecting the legitimate rights of relevant parties in the film industry. In addition, raising users’ awareness of the risks of watching illegal movies is also an indispensable factor in the process of solving this problem.

Above is the article “Is watching pirated movies illegal?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

Who is the copyright owner of the learning materials?

Written by Editor VCD on 5 February, 2025. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches, Written works.

In modern education, learning materials play a role as the foundation bricks, building the learning and research careers of students and lecturers. Although learning materials can be produced in many different forms from traditional textbooks to digital documents. However, a question arises “Who owns the copyright to that learning material?”. The following article of VCD will help you.

1. What are learning materials?

Learning materials are understood as all documents serving the purposes of learning, research and teaching. Learning materials include: textbooks, lectures, monographs, scientific research results, newspapers, specialized magazines, theses, dissertations, scientific conference proceedings, internship reports, reality and other specialized documents.

Pursuant to the provisions of Clause 2, Article 2 of Circular 11/2018/TT-BGDDT on criteria for determining specialized goods directly serving education issued by the Ministry of Education and Training, the definition of learning materials is as follows:

Learning materials are physical means that store, carry or reflect learning and research content. Learning materials can be used in traditional forms (pictures, card-shaped photos) and electronic learning materials. Electronic learning materials are learning materials digitized according to a certain format and scenario architecture, stored on electronic devices such as CDs, USBs, computers, computer networks to serve teaching and learning. Digitized forms can be text, data tables, audio, images, videos, computer software and a mixture of the above formats.

According to the provisions of the Law on Intellectual Property, learning materials are a specific form of literary and scientific works protected by the State, expressed in the form of textbooks or lectures expressed in written form, speeches, lectures, other speeches in spoken language and shaped in a certain material form.

2. Who owns the copyright to learning materials?

According to Clause 2, Article 4 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019), copyright is the right of organizations and individuals to works they create or own.

In which, the subject of copyright includes literary, artistic, and scientific works; the subject of rights related to copyright includes performances, audio recordings, video recordings, broadcast programs, and satellite signals carrying encrypted programs. Copyright to works includes personal rights and property rights.

Universities often own a variety of learning materials such as textbooks, study materials, internal documents, guidance documents, review documents, lectures, radio lectures, online lectures, LMS lectures, reference books, and multimedia lectures. In addition, recorded online lectures and videos of lecturers are also considered learning materials.

According to the provisions of the Intellectual Property Law, lecturers who compile learning materials will be the authors or owners of the learning materials. However, in cases where lecturers are not the authors and owners, the university may become the owners if the learning materials are created by the school hiring or assigning tasks to lecturers. In this case, the university will hold the copyright. If the university is the author, the board of directors will have the right to name, modify, and supplement the content of the learning materials. If the board appointed by the board of directors to review and revise the learning materials does not include the lecturers, do they have the right to arbitrarily revise the content?

Therefore, consider the provisions on authors, according to which the author holds personal rights such as: the right to name the work, the right to publish, and to protect the integrity of the work. The author is also the owner of the copyright and can transfer the right to publish to others. Thus, the university cannot become the author of the learning materials; the lecturer, the compiler, is the author.

From the above provisions, the university is not the author but can only be the owner if the school assigns the work or receives the transfer of ownership from the lecturer. The Intellectual Property Law classifies owners, including: authors, co-authors, organizations or individuals assigning tasks to the author, heirs, and transferees of copyright. Therefore, the university can be the owner of the learning materials if the university assigns the task or signs a contract with the lecturer.

If the university is the copyright owner, they will hold one or more property rights, such as making derivative learning materials, copying, distributing, and publishing the learning materials. Meanwhile, the lecturer, as the author, will hold the moral rights but is not the owner because he has transferred the ownership of the property to the university.

Above is the article “Who is the copyright owner of learning materials?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Copyright protection for scientific works at higher education institutions

Written by Editor VCD on 24 January, 2025. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches.

In the current era of information technology explosion, creating and sharing knowledge has become easier than ever. However, this development also entails many challenges related to intellectual property rights. Especially at higher education institutions, where research and innovation are constantly taking place, the issue of copyright protection for scientific works becomes more urgent. So, how does the law protect copyright for scientific works at higher education institutions? Please follow the article of VCD below.

1. Scientific works at higher education institutions

Copyright protection is an activity to protect the achievements of organizations and individuals who have worked creatively and contributed to social progress. According to Clause 2, Article 4 of the Law on Intellectual Property, copyright is the right of an organization or individual to a work they create or own.

According to Clause 1, Article 3 of the Law on Intellectual Property, “The subject of copyright includes literary, artistic, scientific works,…” and according to Article 14 of this Law, the types of works protected by copyright are listed.

In higher education institutions, there are many types of works that can be protected by copyright, such as products of topics, projects, scientific and technological research tasks, lecture outlines, entrance exams, textbooks, lecture sets, scientific reports, electronic lectures, etc. Determining the owner of scientific research results is important in determining personal and property rights according to the provisions of law.

Clause 1, Article 41 of the Consolidated Law on Science and Technology 2022 stipulates: Organizations and individuals investing finance and technical facilities for the implementation of scientific and technological tasks are the owners of the results of scientific research and technological development, unless the parties have other agreements in the scientific research and technological development contract.

Therefore it can be understood that the owner of copyright for scientific works at higher education institutions is the organization or individual investing finance and technical facilities to create scientific research results. The owner of scientific research results has the right to publish scientific works along with the entire group of property rights stipulated in Article 20 of the Law on Intellectual Property.

Copyright protection for scientific works at higher education institutions

2. Determining acts of copyright infringement in scientific research activities at higher education institutions.

The first is the violation related to the right to copy works:

According to the provisions of Clause 10, Article 4 of the 2022 Intellectual Property Law, copying is the creation of a copy of the whole or part of a work or audio or video recording by any means or form. Accordingly, direct or indirect copying of the whole or part of a work is also considered an act of copying. Acts of copyright infringement at higher education institutions can be through the reproduction of documents (photocopying, printing, copying, …) for use and distribution, recording and taking pictures of lectures of lecturers in class without permission. Article 25 of the Intellectual Property Law stipulates cases of using published works without permission and without paying royalties.

Second, violations related to quoting works:

Quoting works is the exact reproduction of a text without any corrections, distinguished from the surrounding text by quotation marks or formatting elements. According to the Intellectual Property Law, quoting without distorting the author’s meaning to comment or illustrate in one’s own work, quoting works without distorting the author’s meaning to write articles, use in periodicals, documentaries, not for commercial purposes, does not require permission from the author and does not require payment of royalties.

3. Solutions to improve the effectiveness of copyright protection for scientific works.

Higher education institutions and management agencies need to issue internal guidelines in accordance with the current Intellectual Property Law, including the process of evaluating and publishing research results on the rights of each author.

Raising awareness of copyright: strengthening education and propaganda for students about copyright and their responsibilities in the research process and copyright protection.

Strengthening supervision and inspection of copyright protection in the scientific research process. If violations are detected, disciplinary measures and strict handling must be taken to create educational awareness for students.

In addition to ensuring copyright, it is necessary to strengthen training and support for students in scientific writing skills to help them avoid copyright-related violations.

Above is the article “Copyright protection for scientific works at higher education institutions” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Copyright protection in the digital environment

Written by Editor VCD on 24 January, 2025. Posted in Announcement, Copyright Registration.

Currently, the digital environment not only opens up opportunities for creativity but also creates loopholes in protecting the rights of authors. From music, literature to works of art, everything can be digitized and spread in the blink of an eye. However, this ease makes determining ownership and protecting works more complicated than ever. The article “Copyright protection in the digital environment” by VCD below will help you.

1. Overview of the digital environment

Digital technology is understood as the process related to the representation, processing, storage and transmission of information using numbers or similar symbols. Computers, mobile phones and electronic devices all use a system called binary to process information.

The digital environment is an integrated media environment where digital devices communicate, manage content and operate. Currently, the digital environment has become popular and pervasive in all areas of human life from economics, politics, culture, society, etc.

In the digital environment, copyright is still considered for protection along with its original characteristics. Although expressed in the form of digital coding, copyright still only protects the form, not the content, and the right to protection is established as soon as the work is formed. Unlike media works that can be easily recognized based on common senses, when a work is put into the digital environment, it will only include a set of strings of 0s and 1s and there is no distinction in the type of work until it is decoded properly.

2. Characteristics of copyright protection in the digital environment

First, copyright protection is protection for the author. The basis for copyright protection must initially come from the author’s own element, or in other words, the law stipulates and protects specific legal rights for the work so that the author can truly enjoy the material and spiritual benefits obtained from the work, thereby protecting copyright.

Second, copyright protection is automatic. Only after works in the digital environment are formed in a certain distinguishable form, will the author, the copyright owner, naturally enjoy the copyright rights for that work, and at the same time, these rights are recognized and protected by law.

Third, copyright protection is territorial. The development of the digital environment has made it difficult to determine the national territorial boundaries, so most countries have considered the nature of the infringement no longer based on the place where the infringement occurs but on the object to which the infringement is directed. The considered act is also considered to occur in the home country if the act occurs in the telecommunications environment and the internet where consumers or exploiters and users of digital information content are in that country.

Fourthly, the protected objects in the digital environment are specific works that are encoded or directly created based on digital devices. These types of digital works help authors to distribute to users in large quantities, at low cost, … Digital works can reach users quickly and easily because they have characteristics such as being compact, easy to reproduce, stored and exchanged through digital devices.

3. Subjects of copyright protection in the digital environment

The emergence of the digital environment allows authors to express, store, and transmit their works in certain material forms such as books, newspapers, paintings, photos, etc., or through the form of digitizing the work.

Subjects of copyright protection in the digital environment are understood as works, but those works are expressed in digital data with some forms of transmitting the work and specific protection methods. Therefore, subjects of copyright protection in the digital environment can be considered based on three areas: literary, artistic and scientific works.

The current Vietnamese Intellectual Property Law has also included computer programs and data sets in the protected subjects similar to the provisions of Articles 4 and 5 of the WCT Treaty. However, it can be seen that the provisions of Vietnamese law only list the general types of existence of works without any specific provisions for cases where works exist in the form of digital data.

However, it can be understood that the subject of copyright protection in the digital environment is works that are digitized or exist in the form of electronic data and are used to express through electronic devices such as computers, phones, projectors, etc. Accordingly, literary works, scientific works, textbooks, teaching materials, entertainment works, musical works can be digitized works or for theatrical and cinematic works that need to be recorded, recorded to be able to be used in the digital environment.

Above is the article “Copyright protection in the digital environment” that VCD sent to you. We hope this article is useful to you.

Distinguish between copyright and copyright-related rights

Written by Editor VCD on 17 January, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the context of an increasingly developing knowledge-based economy, distinguishing between copyright and copyright-related rights becomes necessary. Although both protect the rights of authors, performers and producers, etc., they have distinct characteristics. Understanding the different aspects of these two types of rights will help subjects exercise their rights more effectively. The following article “Distinguish between copyright and copyright-related rights from VCD will help you.

1. Similarities between copyright and copyright-related rights.

Scope of regulation: Both are subject to the 2005 Intellectual Property Law and related legal documents.

Subjects of intellectual property rights: Both copyright and related rights are subjects of intellectual property rights.

Management: The Ministry of Culture, Sports and Tourism is responsible for managing both types of rights.

State recognition and protection: Both rights are recognized and protected by the State according to the provisions of law.

Financial support: The State has a policy of financial support for the creation, transfer and exploitation of copyright and related rights to serve the public interest.

Self-protection measures: Organizations and individuals have the right to apply legal measures to protect their rights in both of these areas.

2. Differences between copyright and rights related to copyright

Criteria	Copyright	Related Rights
Basis for the occurrence and establishment of rights	Arising when a work is created and expressed in a certain material form, regardless of content, quality, form, means, language, whether published or not, registered or not. (Based on Clause 1, Article 6 of the Law on Intellectual Property 2022)	Arising when a performance, sound recording, video recording, broadcast program, or encrypted program-carrying satellite signal is fixed or performed without prejudice to copyright. (Based on Clause 2, Article 6 of the Law on Intellectual Property 2022)
Protected objects	Types of works protected by copyright include: (1) Protected literary, artistic and scientific works include: – Literary, scientific works, textbooks, teaching materials and other works expressed in writing or other characters; – Lectures, speeches and other speeches; – Journalistic works; – Musical works; – Dramatic works; -Cinematographic works and works created by similar methods; – Works of fine arts and applied arts; – Photographic works; – Architectural works; – Diagrams, plans, maps, drawings related to topography, architecture, scientific works; – Folk literature and art works; – Computer programs, data collections. (2) Derivative works are only protected if they do not harm the copyright of the work used to create the derivative work. (Based on Article 14 of the Intellectual Property Law 2022)	– Performance performed by Vietnamese citizens in Vietnam or abroad; – Performance performed by foreigners in Vietnam; – Performance fixed on a protected sound recording or video recording; – Performance not yet fixed on a sound recording or video recording but broadcasted under protection; – Performance protected under an international treaty to which the Socialist Republic of Vietnam is a member. – Sound recording or video recording of a sound recording or video recording producer with Vietnamese nationality; – Sound recording or video recording of a sound recording or video recording producer protected under an international treaty to which the Socialist Republic of Vietnam is a member. – Broadcasting programs, satellite signals carrying encrypted programs of broadcasting organizations with Vietnamese nationality; – Broadcasting programs, satellite signals carrying encrypted programs of broadcasting organizations protected under international treaties to which the Socialist Republic of Vietnam is a member. (Based on Article 17 of the Intellectual Property Law 2022)
Protected subjects	Organizations and individuals whose works are protected by copyright include the person who directly created the work and the copyright owner. (Based on Article 13 of the Intellectual Property Law 2022)	Organizations and individuals whose related rights are protected include: – Actors, singers, musicians, dancers and others who perform literary and artistic works; – Organizations and individuals who are owners of related rights. – Organizations and individuals who first fix the sound and images of the performance or other sounds and images. – Organizations that initiate and carry out the broadcasting. (Based on Article 16 of the Intellectual Property Law 2022)
Protection contents	Personal rights and property rights.	Mainly property rights, only performers have personal rights.
Protection conditions	Be original; be shaped in a certain material form; in the field of literature, art, science; not subject to the subjects not subject to protection.	Must be original, must have the creative mark of the relevant subject and must not prejudice the copyright.
Protection period	Personal rights: indefinite protection except for the right to publish the work; – Property rights: The protection period is as follows: – Cinematographic, photographic, theatrical, applied art, anonymous works: The protection period is 75 years from the date of first publication of the work. – Remaining works: The protection period is the lifetime of the author and 50 years following the year of the author’s death; in the case of a work with co-authors, the protection period ends in the fiftieth year after the year of the death of the last co-author. (Based on Article 27 of the Intellectual Property Law 2022)	– Performer’s rights: fifty years from the year following the year of performance fixation . – Producer’s rights: fifty years from the year following the year of publication or fifty years from the year following the year of fixation of the recording if the recording has not been published. – Broadcasting organization’s rights: fifty years from the year following the year of broadcast. (Based on Article 27 of the Law on Intellectual Property 2022)

Above is the article “Distinguish copyright and rights related to copyright” that VCD sends to you. We hope this article is useful to you.

Sincerely,