Author: Editor VCD

Is it copyright infringement to secretly film movies in theaters?

Written by Editor VCD on 13 March, 2025. Posted in Announcement, Cinematographic work, Copyright Registration.

In the film industry, the creativity and dedication of producers, directors and actors is undeniable. Especially in the current digital era where information and content are easily shared and accessed, copyright protection has become a major challenge for the film industry. The situation of secretly filming and taking photos in movie theaters and then posting them on social networks is becoming more and more common. So is secretly filming movies in theaters a copyright violation? The following article from VCD will help you.

1. Is secretly filming an act of copying?

Secretly filming movies in theaters is the act of using recording devices (such as cameras, microphones) to record images and sounds of cinematic works without prior consent and notice.

Pursuant to Clause 10, Article 4 of the current Intellectual Property Law, the concept of copying is the creation of a copy of the whole or part of a work or a recording, video recording by any means or form.

In addition, according to the provisions of the Intellectual Property Law, the act of copying a work without the permission of the author or copyright owner, except for personal research, is considered an act of copyright infringement.

At the same time, pursuant to Article 30 of the current Intellectual Property Law, which stipulates the rights of producers of audio and video recordings, this act is considered a form of copying a video recording because it creates a copy without the consent of the producer of the audio and video recording.

According to the Intellectual Property Law, livestreaming or secretly filming movies in theaters not only violates copyright but also causes damage to the producer. These acts are often considered intellectual property infringement and can be severely punished according to current laws depending on the level and damage that the producer faces.

Therefore, the act of secretly filming a movie in a theater is considered copyright infringement.

Is it copyright infringement to secretly film movies in theaters

2. Penalties for secretly filming a movie in a theater.

According to Article 27 of Decree 131/2013/ND-CP (amended by Clause 2, Article 3 of Decree 28/2017/ND-CP), the provisions on administrative sanctions for violations of copyright and related rights are as follows:

“1. A fine of VND 15,000,000 to VND 35,000,000 shall be imposed for copying audio or video recordings without permission from the copyright owner of the audio or video recording producer.

2. Remedial measures:

Forcing the removal of copies of audio or video recordings in electronic form, on the internet and digital environment or forcing the destruction of infringing evidence for the acts specified in Clause 1 of this Article.”

Clause 2, Article 2 of Decree 131/2013/ND-CP stipulates the fine framework for individuals and organizations as follows:

The fine framework prescribed in Chapter II of this Decree is the fine framework applicable to individuals, except for the cases prescribed in Clauses 1, 2, 3 and 4, Article 5; Clause 1 and Point b, Clause 2, Article 7 of this Decree. For the same violation, the fine framework for organizations is twice the fine framework for individuals.

In addition, secretly filming movies in theaters can be fined up to VND 35,000,000 for individuals and VND 70,000,000 for organizations. At the same time, the secretly recorded copies must be removed or all evidence must be destroyed depending on each case.

In addition, according to Clause 1, Article 225 of the 2015 Penal Code (amended by Point a, Clause 52, Article 1 of the Law amending the 2017 Penal Code), those who copy works, audio recordings, or video recordings may be prosecuted for criminal liability as follows:

“1. Anyone who, without the permission of the copyright owner or related rights owner, intentionally commits one of the following acts, infringes upon copyright or related rights currently protected in Vietnam on a commercial scale or illegally profits from VND 50,000,000 to under VND 300,000,000 or causes damage to the copyright owner or related rights from VND 100,000,000 to under VND 500,000,000 or infringes goods worth from 100,000,000 VND to under 500,000,000 VND, shall be fined from 50,000,000 VND to 300,000,000 VND or be subject to non-custodial reform for up to 03 years:

a) Copying works, audio recordings, video recordings;

b) Distributing to the public copies of works, audio recordings, video recordings.”

Therefore, the act of secretly filming a movie in theaters can be fined up to 300,000,000 VND or be subject to non-custodial reform for up to 03 years.

Therefore, secretly filming a movie in theaters on social networks, depending on the nature and severity, can be subject to administrative sanctions or criminal prosecution.

The above is the article “ Is it copyright infringement to secretly film movies in theaters?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Why is the application for a Certificate of Copyright Registration rejected?

Written by Editor VCD on 4 March, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

Nowadays, copyright has become an essential issue in protecting intellectual property. A Certificate of Copyright Registration is not only a legal document but also a tool to help authors assert ownership of their works. However, the process of applying for this Certificate is not always smooth, many applications for the Certificate have been rejected. The following VCD article will help you understand “Why is the application for a Certificate of Copyright Registration rejected?”.

1. What is a Certificate of Copyright Registration?

Copyright, also known as copyright, is the exclusive right of the author to their own work. According to Clause 2, Article 4 of the current Law on Intellectual Property, copyright is the right of an organization or individual to the work they create or own.

Copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, means, language, and regardless of whether the work has been published or not, registered or not.

Copyright is the confirmation of the competent authority for intellectual products created by people with their brains and skills. This confirmation ensures that the creator of the product has full rights to use his work for economic purposes and anyone who wants to use the work for commercial purposes must have their permission. If there is no consent and the use of a work not created by the author will be considered an act of copyright infringement.

Therefore, the Copyright Certificate is understood as a document issued by a competent State agency to the author, copyright owner to record information about the author, work, and copyright owner. The Copyright Certificate will include the following contents:

Name of the work.

Type of work.

Name, address, nationality, identity card number or citizen identification number of the author, copyright owner (Business registration number if the owner is an organization).

Book and date of issuance of the Copyright Registration Certificate.

2. Cases in which the Copyright Registration Certificate is refused.

Pursuant to Clause 2, Article 39 of Decree 17/2023/ND-CP, the competent state agency shall refuse to issue the Copyright Registration Certificate in the following cases:

Case 1: Failure to meet the conditions specified in Clause 4, Article 38 of this Decree on the subject and object of registration.

Case 2: Invalid registration dossier

Within 01 month from the date of receiving the dossier, the Copyright Office will review the form of the application and will notify in writing through the contact information of the applicant if there are any errors in the dossier:

Not registered to get the dossier code on the national public service portal.

The dossier is not in the correct form, has spelling errors, erasures, etc.

Attached documents are missing or inappropriate.

The application does not describe the work, lacks information, does not clearly state the registration subject, etc.

Case 3: Detecting a work whose form and content violate the provisions of the Constitution, Law, and oppose the Party and the State.

Case 4: Detecting a work that is in dispute, complaint, denunciation and has not yet had a legally effective decision from a competent state agency.

Case 5: After the prescribed time limit, the competent state agency has not received a valid dossier or the submitted dossier is still invalid. Therefore, according to the provisions of Point c, Clause 5, Article 38 of this Decree, within a maximum period of 01 month from the date of receipt of the notice, organizations and individuals must amend and supplement, except in cases of force majeure or objective obstacles as prescribed by law, they must fully supplement the dossier.

Therefore, when submitting dossiers for registration of copyright and related rights, organizations and individuals need to pay attention to the necessary conditions for being granted a Certificate. At the same time, they must also comply with the regulations on the time limit for supplementing dossiers to avoid being denied a Certificate of copyright registration or a Certificate of registration of related rights.

3. Consulting services related to dossiers and procedures for registration of copyright of VCD.

Vietnam Copyright Development Joint Stock Company (VCD) advises on issues related to copyright and related rights as follows:

Consulting on documents, procedures, drafting documents and papers to send to competent state agencies.

Consulting on resolving copyright disputes.

Consulting on transferring copyright and related rights.

Representing in litigation on copyright issues.

Cooperating in exploiting copyright and related rights.

Vietnam Copyright with the mission of protecting copyright, bringing positive impacts to the business environment in the field of copyright, becoming a leading model enterprise in Vietnam in digital transformation and applying information technology in protecting copyright in Vietnam.

Above is the article “Why is the application for a Certificate of Copyright Registration rejected?” that VCD sends to you. We hope you find this article useful.

Sincerely,

How are “works made for hire” copyrighted?

Written by Editor VCD on 4 March, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

The strong development of the creative industry has highlighted the importance of copyright protection. Works made for hire is a fairly familiar concept in the field of copyright registration. However, this raises many questions about how to register copyright for these works? The following article from VCD will help you.

1. The “work made for hire” doctrine.

The “work made for hire” doctrine was formed from the copyright law of the United States, “work made for hire” is translated into Vietnamese as “work made for hire”, meaning that the copyright does not belong to the author.

Copyright is basically understood as the exclusive right to make copies and control the original of literary and artistic works (such as writings, journalism, cinema, architecture, applied arts, etc.) protected by copyright law for a certain period of time (usually 50 years after the author’s death). The letter C in a circle © symbol often appears on publications as a warning sign of a copyrighted work. However, the law does not require the © symbol on the work for copyright to be protected.

According to Cornell Law School, copyright is the right to make copies, publish, sell or distribute the subject matter of copyright protection. Meanwhile, according to Harvard University, copyright is a legal right granted to authors, artists, composers, or other creators that allows them to control the use of their work by others, so that copyrighted works generally cannot be copied, distributed, or appropriated by others without their permission.

“Works made for hire” originated in the 1989 Supreme Court decision in Community for Creative Non-Violencev. Reid.

Section 101 of the 1976 Copyright Act divides “works made for hire” into two categories:

Works made by an employee in the course of performing work within the scope of the employee’s contractual duties.

Works made for hire or commission are used to mean:

A contribution or article to a collective work or collection.

A part of a cinematographic work or other audiovisual work.

Translation.

Supplementary work (introduction, foreword, illustration, commentary, illustrations, etc.).

Compiled work.

Instructional text.

Test paper.

Answer sheet for test paper.

Map work.

If the parties agree in writing signed by themselves that the work must be considered a “work for hire”.

2. How to register copyright for a “work made for hire” in Vietnam?

According to the current Vietnamese Intellectual Property Law, Clause 2, Article 4 stipulates that copyright is the right of the organization or individual who creates the work or owns the work. In which, the subject of copyright includes literary, artistic, scientific works; the subject of rights related to copyright includes performances, sound recordings, video recordings, broadcast programs, and encrypted satellite signals.

In Vietnamese law, there is no legal concept of “work made for hire” or “work made for hire”. The so-called “work made for hire” is in the form of an organization or individual entering into a contract with an author to create a work or in the form of an organization or individual assigning a task to an author belonging to their organization to create. However, these forms are not “work made for hire” as defined in Article 101 of the US Copyright Law mentioned above and because Vietnam does not accept the transfer of personal rights except the right to publish and allow others to publish, and does not recognize the author as an organization or legal entity. Therefore, the author of the work must be the person hired or assigned the task, and the copyright owner is the person who hires or assigns the task to the author, unless otherwise agreed.

The application for copyright registration for this work includes:

Copy of the work.

Author’s commitment.

Creative/design rental contract (if any).

Decision on assignment/task assignment (if any).

Agreement between co-authors (if any).

Consent of co-copyright owners (if any).

Power of attorney if the applicant is an authorized person.

Author’s citizen identification card.

Business registration of the company if the owner is an organization.

Accordingly, for copyright registration, you can submit your application at the following locations:

The Copyright Office in Hanoi.

Representative Office of the Copyright Office in Ho Chi Minh City.

Representative Office of the Copyright Office in Da Nang City.

The above is the article “How are “works made for hire” copyrighted?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Digital Copyright in the Digital Environment

Written by Editor VCD on 27 February, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the booming digital age, digital copyright has become a decisive factor in protecting the intellectual property of authors and creators. With the development of the internet, the way of creating, distributing and consuming works has changed dramatically. Works are no longer limited to physical forms but can be shared and accessed easily through online platforms. So how has digital copyright changed in the digital environment? Follow the article of VCD below.

1. What is digital copyright?

Copyright is considered a form of intellectual property. It is not a trademark nor a patent. Copyright is understood as the legal right of the author, owner of the work created or owned by him/her, individuals and organizations are not allowed to infringe upon the rights of the author, copyright owner regarding the management, use, and exploitation of the value of the work without their consent.

Vietnamese law does not have a definition of copyright, but in the legal language of copyright, which is the author’s right, according to the provisions of Clause 2, Article 4 of the Intellectual Property Law 2022: copyright is the right of an organization or individual to the work they create or own.

According to the provisions of Clause 1, Article 14 of the Intellectual Property Law, there are 12 types of protected works. From there, it can be understood that copyright is the rights that the author enjoys for his/her literary, artistic, and scientific works. Without a work, there will be no copyright.

Therefore, digital copyright is the enrichment and expansion of the rights of authors when their works are reproduced and released in digital form. Works are backed up and reproduced on many types of publishing media such as hard disks, CDs and other digital storage devices, for wide distribution. The dissemination and release of works can be done through means such as CDs, hard disks, storage drives, or through the internet and wireless networks.

2. Changes in digital content in the digital environment

The subject of rights changes:

The subject of copyright protection is the works specified in Clause 1, Article 14 of the Law on Intellectual Property, commonly referred to as literary, artistic and scientific works. Normally, the forms of works specified in the law can be used to generalize them such as literary, artistic, photographic, audio and visual works. However, the development of digital technology has allowed all types of works to be expressed and disseminated in the form of information and encoded.

The trend of linking different types of works is becoming clearer. For example, online games integrate many different works such as music, art, graphic works and animation works. The connection between works and publishing media is gradually limited. Traditional works, regardless of whether they are being disseminated or used, require the use of a certain publishing medium to turn the work into a tangible work. The application of digital communication technology allows all types of works to be recorded in binary code, using only two characters 0 and 1, from which they can be freely disseminated and circulated. With just a computer and a network connection, users can easily download the works they want from anywhere. Therefore, works do not necessarily have to exist in physical form on publishing media but can still be disseminated and used. The Internet and digital media have opened up a new direction for the dissemination of works.

The subject of rights has changed:

Digital works are often a collection of many types of works, so the subject of rights has also become more complicated. Different types of works constitute a new work. In addition, this new work can be divided or combined into other works.

In the digital environment, the rights related to digital copyright have also changed. The change in communication methods has led to changes in the rights related to copyright, creating new beneficiaries such as internet intermediary service providers. Acting as the unit that disseminates works, they have the ability to disseminate works globally. Therefore, determining the legal status and position of the parties involved in the dissemination process is very important in protecting copyright for works. It can be seen that the relationship between online content providers and authors must be balanced. The scope of digital copyright protection is not only limited to protecting the rights of the author as in traditional publishing, but also needs to consider the interests of content providers and internet services. Only then can the relationship between the author, the disseminator and the user of the work be truly balanced.

Content of the right to change:

Right to change name

According to the provisions of intellectual property law, the author has the right to change the name of the work or not, and can use his real name or a pseudonym. In traditional copyright protection, the right to change the name and the status of the author are easy to distinguish. However, in the internet environment, anonymity complicates the determination of the author’s status and the right to change the name. This requires the author to prove ownership of the work. In addition, digital communication technology allows editing the work without leaving a trace, increasing the difficulty in determining the real author and assessing the authenticity of the work, thereby posing a challenge to copyright protection.

Right to copy works

The right to copy in traditional copyright protection only includes the right to reproduce the work into multiple copies through methods such as printing, copying, recording, filming and scanning. These methods do not include copying works in the internet environment. The right to copy for digital works has undergone important changes, with two issues to consider: Is “digitizing” a work considered an act of copying? And are temporary copies formed during the process of disseminating a work on the internet subject to the right to copy?

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

Sincerely,

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,