Author: Editor VCD

Cases where the author and copyright owner are independent of each other

Written by Editor VCD on 16 January, 2025. Posted in Announcement, Copyright Registration.

Copyright is an important aspect in the creative field, protecting the efforts and efforts of those who create works. Copyright not only protects those efforts but also determines who has the right to control and exploit the works. However, a common question is: Who owns the copyright? Is it the author who directly performs the creation or the company? The following article “Cases where the author and copyright owner are independent of each other” from VCD will help you.

1. Determine the relationship between the author and the copyright owner?

A work is the crystallization of the author’s creative labor, so the author’s rights to the work are recognized and protected by law. Copyright in a work is considered a property right and is within the scope of the types of property stipulated in the 2015 Civil Code of Vietnam.

According to the provisions of the Law on Intellectual Property 2022, copyright includes personal rights and property rights in a work arising from the time the work is created in a certain form and material. The author is the person who directly creates the work, while the copyright owner is an individual or organization that holds one, some or all of the property rights stipulated in Clause 3, Article 19 and Clause 1, Article 20 of the Law on Intellectual Property.

According to the provisions of the Law on Intellectual Property, a subject that proves that he or she has property rights under copyright will be the owner of the copyright. A general principle is that the creator of a work is the owner of the work unless otherwise agreed.

The Berne Convention provides for the law of each member country to decide who is the author and who is the copyright owner of a work. According to Article 15 of this Convention, an individual or an organization whose name is traditionally recorded on the work is considered the author unless there is evidence to the contrary, in which case the author and the owner are one and the same. However, there are certain exceptions so that the author and the copyright owner are two separate and independent entities.

2. Cases where the author and the owner are separate and independent from each other?

Some cases in which the copyright owner is not at the same time the author:

The work is created according to an assigned task:

First of all, there is a relationship between the author and the copyright owner through a signed Labor Contract. According to the current provisions of Vietnamese law on copyright, the law recognizes the general principle that the copyright owner is the creator of the work, that is, the worker who directly created the work, except in cases where they create according to an assigned task. The assignment of the task of creating a work must be expressed in a specific document. Thus, a work created according to an assigned task, the creator of that work is still recognized as the author, but the copyright owner is the individual, agency, or organization that assigns the creative task to the author.

Work created through a creative lease contract:

Unlike the above case, the author who creates the work is a member of an agency or organization between which a labor relationship is formed, here there is only a creative lease contract signed between the parties. Therefore, according to the creative lease contract, the author will create the work according to the request of the other party and will receive a remuneration according to the level agreed by the parties. The Vietnamese legal system recognizes the principle that the creator of a work in a creative lease contract is recognized as the author, and the property rights belong to the creative lessee or the assignor unless otherwise agreed.

Transfer of copyright:

One of the rights of the copyright owner to a work is to exploit the work in different ways. The transfer of copyright by the copyright owner is often carried out in the form of copyright assignment and copyright usage assignment. A copyright assignment contract is a contract to transfer all or part of the copyright from one entity to another. Copyright assignment contracts, as prescribed by most legal systems, must be in the form of a document with full signatures of the parties. According to Article 48 of the Vietnamese Intellectual Property Law, assignment contracts must be made in writing. In which, property rights and personal rights such as the right to publish or allow others to publish are transferable subjects.

Above is the article “Cases where the author and copyright owner are independent of each other” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Does Vietnamese law protect copyright for works created by artificial intelligence?

Written by Editor VCD on 9 January, 2025. Posted in Copyright Registration.

In the context of increasingly developing technology, artificial intelligence (AI) has become a powerful tool in creating works of art, music and literature. The explosion of AI has raised many questions about intellectual property rights, especially copyright for works created by it. So, does Vietnamese law protect copyright for works created by artificial intelligence? The following article from VCD will help you.

1. Overview of Artificial Intelligence

According to John McCarrthy of the Massachusetts Institute of Technology (MIT), the term artificial intelligence is explained as follows: “It is the science and engineering of creating intelligent machines, especially intelligent computer programs. It involves tasks similar to using computers to understand human intelligence”.

In the simplest terms, artificial intelligence is the “intelligence” of computers programmed by humans to help computers simulate human intelligence and mimic their activities. This term can also be applied to any machine that exhibits characteristics related to the human mind such as learning, decision making or problem solving. To perform these mental simulation activities, artificial intelligence combines computer science and powerful data sets.

Artificial intelligence is divided into 3 types:

Narrow AI: is a type of artificial intelligence designed to perform a specific task or a narrow set of tasks.

Strong AI: is a type of artificial intelligence that is capable of understanding and performing a range of tasks similar to humans, especially the ability to think, self-learn and apply knowledge to new situations.

Superintelligence: This is a form of artificial intelligence that far surpasses human intelligence. It represents an artificial intelligence system that is absolutely intelligent and superior to human capabilities in all aspects.

2. Conditions for copyright protection

According to the Berne Convention and the provisions of Clause 7, Article 4 of the Vietnamese Intellectual Property Law, the concept of “work” is defined as “a creative product in the field of literature, art, or science expressed in any means or form.” At the same time, Clause 3, Article 14 stipulates that a protected work “must be directly created by the author through his or her intellectual labor without copying from another person’s work.”

Expressed in a certain form:

The law recognizes that Copyright is only established when a work is created and expressed in a certain material form such as audio recording, video recording, rewriting, reading, etc. Therefore, if the creative result only stops at the idea in the author’s mind, and has not been expressed in a material form, it cannot be considered a copyrighted work.

As a result of creative spiritual activities:

To be protected by copyright, a work must be based on the process of thinking, learning, creating, reflecting the thoughts and feelings of the creator. In other words, the work must be a creative product with content and spiritual value of the author.

The work must be original:

“Originality” requires that the work must be independently and directly created by the author without copying from another subject. Originality does not require the work to have high content value or unique artistic quality, but it must create the author’s own mark through the content or form of expression of the work.

3. Does Vietnamese law protect copyright for works created by artificial intelligence?

AI, in essence, is an intellectual product created by humans, developed through the form of robots or other tangible machines, to reduce human labor. AI applications, such as floor-sweeping robots or chess-playing robots, perform work in a stereotypical manner according to human settings.

Pursuant to Clauses 1, 2 and 6, Article 4 of the Law on Intellectual Property, it is stipulated that:

Interpretation of terms

In this Law, the following terms are construed as follows:

1. Intellectual property rights are the rights of organizations and individuals to intellectual property, including copyright and rights related to copyright, industrial property rights and rights to plant varieties.

2. Copyright is the right of organizations and individuals to works they create or own.

6. The subject of intellectual property rights is the owner of intellectual property rights or the organization or individual to whom the owner transfers intellectual property rights.

In addition, Article 13 of the current Law on Intellectual Property stipulates that copyright subjects include: Vietnamese organizations and individuals; foreign organizations and individuals whose works are first published in Vietnam but have not been published in any other country or are simultaneously published in Vietnam within thirty days from the date the work is first published in another country; foreign organizations and individuals whose works are protected in Vietnam under international treaties on copyright to which the Socialist Republic of Vietnam is a member.

Based on the above provisions, it can be seen that Vietnamese law only identifies copyright subjects as individuals and organizations, but does not recognize artificial intelligence (AI) as a subject of copyright.

Therefore, works created by artificial intelligence in Vietnam are not protected by copyright. This means that creative products created by AI are not recognized as intellectual property rights.

Above is the article “Does Vietnamese law protect copyright for works created by artificial intelligence?” that VCD sent to you. We hope this article is useful to you.

Register the copyright for the paper calendar

Written by Editor VCD on 9 January, 2025. Posted in Copyright Registration.

Paper calendars, with their diverse and eye-catching designs, are products that reflect the personal mark of the creator. However, the illegal copying of calendar designs is becoming more and more popular, causing serious damage to the rights of designers. In that context, understanding the copyright of paper calendars and the importance of copyright registration is very necessary. The following article from VCD will help you.

1. Are paper calendars copyrighted works?

A paper calendar is a printed product that not only helps keep track of time and dates of the year but also acts as an attractive and effective decorative item for advertising. When printed with a company logo, a paper calendar can convey a strong brand image. This product is often designed in the form of separate or continuous calendar sheets, printed on paper and comes in many different forms, such as desk calendars, block calendars, and wall calendars.

Copyright, or authorship, is an important legal concept that protects the rights of creators to the intellectual works they produce. In other words, when you create a work such as a song, poem, painting, photograph, video, software, etc., you register the copyright and will be protected by law for the ownership of that work.

According to the Law on Intellectual Property, calendars can be classified into the group of “Works of fine art, applied art” as prescribed in Article 14.1 of the Law on Intellectual Property and Article 6 of Decree 17/2023/ND-CP for the following reasons:

Useful features: Desk calendars are expressed by lines, colors, shapes and layouts, serving the purpose of viewing and tracking time.

Attached to useful objects: Desk calendars can be combined with products such as calendars, desk memos and can be produced by hand or mass-produced.

Graphic and artistic design: Desk calendars may include graphic design (such as logos, identities, packaging) or interior design, which is highly artistic.

Aesthetic elements: Desk calendars are expressed in the form of aesthetic product shapes that are not easily reproduced by people with average knowledge in the field. Note that the external shape element is not protected if it is an essential requirement for the product to perform its function.

Contains copyrighted images: Desk calendars may include copyrighted images, which add value to the work.

However, it should be noted that copyright only protects the form of the work, that is, the arrangement, layout and shape of the desk calendar, and not the content. Therefore, if someone else uses the date information to create their own desk calendar, this will not affect the copyright of the other desk calendar owner.

2. Paper calendar copyright registration dossier

According to Article 49.2 of the Law on Intellectual Property, submitting an application for a Certificate of Copyright Registration is not a mandatory procedure for enjoying copyright. This means that copyright for desk calendar works still arises without registration. However, copyright registration for desk calendars is carried out with the aim of preventing acts of infringement of desk calendar works such as: theft, copying, abuse, illegal display and distribution of desk calendars. Recording the names of authors on the copyright registration certificate is also an important legal basis to prove the author’s rights to desk calendar works, protecting the interests of creators when there are disputes over copyright or violations occur.

The application for copyright registration for a desk calendar includes the following documents:

Copyright registration form: Filled out according to the prescribed form, must have the signature or seal of the author, copyright owner, or related rights owner.

Copy of work: Submit 02 copies of the registered work, including electronic copies. Each copy must be printed on A4 paper and have the signature or seal of the author or owner.

Power of attorney: A power of attorney is required for VCD to carry out the registration procedure.

Legal documents: Provide 01 copy of CCCD/ID card/Business registration certificate, Establishment license or Establishment decision.

Documents proving the right to submit an application: Including:

Assignment of tasks.

Creative contract (original or notarized, certified copy).

Inheritance document (notarized, certified).

Author’s commitment: If the author is not the copyright owner, there must be a written commitment to self-creation and to be legally responsible for this content.

Consent of co-authors: If the work has multiple authors, there must be written consent of all co-authors.

Consent of co-owners: If the copyright is jointly owned, there must be written consent of co-owners.

Consent of the person with the image: If the work uses another person’s image, there must be written consent of that person according to the provisions of law.

The above is the article “ Register the copyright for the paper calendar” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Are the author’s moral rights transferred?

Written by Editor VCD on 3 January, 2025. Posted in Announcement, Copyright Registration.

The author is not only the creator of the work, but also the person who is deeply attached to the values that the work represents. The author’s moral rights, including the right to be recognized and to protect the integrity of the work, play an important role in protecting the honor and reputation of the creator. However, the question is whether this right can be transferred or not? The following article by VCD will help you.

1. What are moral rights?

From a legal perspective, personal rights are one of the civil rights associated with each individual. Personal rights are formed, arise, change and terminate through decisions of competent state agencies. Typical examples include birth, marriage, death, nationality determination, as well as relationships such as father and child, husband and wife, full name, hometown and ethnicity.

Personal rights are a familiar concept, commonly applied in many areas of social life. The law also clearly stipulates this right. Specifically, according to Clause 1, Article 25 of the 2015 Civil Code, personal rights are civil rights attached to each individual and cannot be transferred to others, unless otherwise provided in relevant laws.

Moral rights are expressed through the following basic characteristics:

Part of civil rights: Personal rights are part of civil rights and belong to individuals.

Spiritual values: Personal rights always aim at spiritual values that cannot be valued.

Non-transferable: Personal rights cannot be transferred to others.

Are the author's moral rights transferred?

2. Can the author’s moral rights be transferred?

The 2022 Intellectual Property Law, Article 19, stipulates the author’s personal rights, including:

Personal rights include:

1. Naming the work.

The author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of property rights as prescribed in Clause 1, Article 20 of this Law; 2. To have his/her real name or pen name on the work; to have his/her real name or pen name mentioned when the work is published or used; 3. To publish the work or allow others to publish the work; 4. To protect the integrity of the work, not allowing others to distort it; not allowing others to modify or cut the work in any form that harms the honor and reputation of the author.

Transfer, also known as copyright assignment, is understood as the copyright owner’s agreement to transfer the right to publish the work and property rights to another organization or individual through a contract or in accordance with relevant laws (Clause 1, Article 45 of the Law on Intellectual Property). In addition, Clause 2, Article 45 of the Law on Intellectual Property stipulates that: “Authors are not allowed to transfer the personal rights specified in Article 19, except for the right to publish works; performers are not allowed to transfer the personal rights specified in Clause 2, Article 29 of this Law”.

Therefore, among the personal rights of copyright, only the right to publish works can be transferred. Other personal rights remain the rights of the author and cannot be transferred.

According to this provision, performers will also not be allowed to transfer the personal rights specified in Clause 2, Article 29 of this Law, which are:

Being introduced by name when performing, when releasing audio recordings, video recordings, or broadcasting the performance;

Protecting the integrity of the performance image, not allowing others to edit, cut or distort in any form that harms the honor and reputation of the performer.

3. How long are moral rights protected?

Pursuant to Article 27 of the 2005 Intellectual Property Law, amended by Clause 8, Article 1 of the 2009 Intellectual Property Law, the term of protection of the author’s personal rights is stipulated as follows:

Moral rights are protected indefinitely:

The right to name the work;

To have one’s real name or pen name on the work; to have one’s real name or pen name mentioned when the work is published or used;

To protect the integrity of the work.

Moral rights are protected for a term of time:

Cinematographic works, photographic works, applied fine arts works, anonymous works have a term of protection of seventy-five years from the date of first publication of the work; for cinematographic works, photographic works, applied fine arts works that have not been published within twenty-five years from the date of fixation of the work, the term of protection is one hundred years from the date of fixation of the work; for anonymous works.

Except for works not falling under the category specified above, the term of protection shall be the lifetime of the author and fifty years following the year of the author’s death; in the case of works with co-authors, the term of protection shall end in the fiftieth year following the year of the death of the last co-author;

The term of protection for the above works shall end at 24:00 on December 31 of the year in which the copyright protection term ends.

Above is the article “ Are the author’s moral rights transferred?” that VCD sends toyou. We hope this article is useful to you.

Sincerely,

What is musical plagiarism? How is musical plagiarism punished?

Written by Editor VCD on 3 January, 2025. Posted in Announcement, Copyright Registration, Musical work.

In the modern music industry, the issue of plagiarism is becoming one of the most controversial topics. Plagiarism is not simply copying the melody or lyrics, but also related to intellectual property rights and fairness in artistic creation. This behavior not only affects artists and producers but also affects the entire music industry. So what is plagiarism? How will plagiarism be punished? The following article from VCD will help you.

1. What is musical plagiarism?

In Sino-Vietnamese, “nhac” is understood as music, an art form that uses sound to convey meaning. On the contrary, “Dao” refers to the act of stealing. Therefore, “dao nhac” is the act of taking someone else’s music and turning it into one’s own work.

Pursuant to Clause 4, Article 1 of the 2022 Amended Law on Intellectual Property, it is stipulated that:

The author is the person who directly creates the work. In the case where two or more people directly create the work with the intention that their contributions are combined into a complete whole, those people are co-authors.

Accordingly, copyright to a work includes personal rights and property rights as specifically stipulated in Clause 5, Article 1 of the 2022 Amended Law on Intellectual Property

The provisions of the law on copyright do not provide a specific concept of plagiarism or the basis for determining whether a work is plagiarized from another work or not. However, it can be understood that “plagiarism” is the act of copying part of the content of a previously existing work. Therefore, there are two basic conditions to determine the act of “Plagiarism” including:

• Use, copy (imitate): This act involves using part or all of another author’s work. In the field of music, using any melody or similar pattern from another work can be considered “Plagiarism”.

• Create the impression of an original work: If you copy or imitate a part of a work without making others believe that you composed the original work, it is not considered “Plagiarism”. This requires you to clearly show that you have used someone else’s work, through citation. After citation, you also need to have the consent of the author of the original work.

2. Penalties for music plagiarism

Handling of administrative violations: According to the provisions of Article 18 of Decree 131/2013/ND-CP on administrative sanctions for violations related to copyright and related rights, copying a work without permission from the copyright owner will be punished as follows:

“1. Violators will face a fine of VND 15,000,000 to VND 35,000,000 for copying a work without permission from the copyright owner.

In addition to applying the above fine, to remedy the consequences, violators will be forced to remove copies of the infringing work in electronic forms, on the network and digital environment, or forced to destroy the infringing property.”

In the case of considering criminal liability: According to the provisions of Article 225 of the 2015 Penal Code regarding the crime of infringement of copyright and related rights, copying a work, audio recording, or video recording for the purpose of illegal profit will be subject to the following penalties:

“Depending on each specific situation, the act of copying a work, audio recording, or video recording for illegal profit may be subject to a fine of several million VND to 3,000,000 VND or to a non-custodial reform sentence of several months to 03 years in prison.”

3. Why is it necessary to handle plagiarism?

Plagiarism violates the rights of creators, stealing their efforts and talents. Copyright not only protects works but also encourages artists to create new and unique works, because they know that their work is protected and can bring profits.

Copyright protection also maintains musical diversity, prevents easy copying, thereby promoting creativity. At the same time, this right protects artists’ income, helping them avoid financial loss due to plagiarism.

Tackling plagiarism sends a clear message that stealing is not acceptable, promoting professionalism in the industry. This also protects the reputation and origin of the work, avoiding misunderstandings about who is the creator.

Consquencely, compliance with copyright regulations not only improves the quality of works but also ensures fairness in the music industry, and demonstrates Vietnam’s commitment to protecting copyright according to international standards.

Above is the article “ What is musical plagiarism? How is musical plagiarism punished? ” that VCD sends to you. We hope this article is useful to you.

What are the penalties for parodying the National Anthem?

Written by Editor VCD on 25 December, 2024. Posted in Announcement, Copyright Registration, Musical work.

The National Anthem is not just a song, but also a sacred symbol of patriotism and national pride. In Vietnam, “Tien Quan Ca” carries a great responsibility, closely associated with the history and culture of the country. However, in the modern context, parodying or insulting the National Anthem can lead to serious legal consequences. Therefore, it is very necessary to clearly understand the legal provisions related to this behavior. The following article from VCD will help you.

1. What is the National Anthem of Vietnam?

According to Article 13 of the 2013 Constitution, the National Anthem of the Socialist Republic of Vietnam is “Tien Quan Ca,” including both the music and lyrics of this work.

The National Anthem is an important part of the culture and national identity of each country. The song “Tien Quan Ca” was born in October 1944 and was composed by musician Van Cao. In 2016, fulfilling the late musician Van Cao’s wish, his wife and 5 children signed to donate both the music and lyrics of “Tien Quan Ca” to the State. The Ministry of Culture was assigned as the agency managing the song “Tien Quan Ca”, responsible for preserving and promoting the value of this song. The song not only expresses patriotism but also reminds us of the history of the nation’s struggle for independence. As a musical work, the Vietnamese National Anthem (including both music and lyrics) is legally protected by copyright in 179 member countries of the Berne Convention, including Vietnam, and the Vietnamese Intellectual Property Law as a literary and artistic work. The performance of the National Anthem often takes place at important events, such as the opening ceremonies of sporting events, national anniversaries, or in official ceremonies, expressing pride and loyalty to the Fatherland.

What are the penalties for parodying the National Anthem?

2. Regulations on the implementation of intellectual property rights related to the National Anthem

The Intellectual Property Law stipulates that copyright in musical works arises from the moment the work is created and expressed in a certain material form, without requiring registration or publication. A work expressed in the form of musical notes in a musical score or other musical symbols with or without lyrics, regardless of whether it is performed or not.

Copyright is the right of an organization or individual to a work that they create or own. The right to own a recording (right related to copyright) is the right of an organization or individual to a performance, audio recording, video recording, broadcast program, etc.

The family of the late musician donated the Tien Quan Ca to the state, which is owned by the state and the entire people, so every Vietnamese citizen has the right to make copies, distribute, perform in public, and communicate to the public.

However, according to Article 7 of the 2005 Law on Intellectual Property (amended in 2009 and 2022), the exercise of intellectual property rights related to the National Anthem, National Flag and National Emblem must comply with the following provisions:

Regarding the scope and duration of protection: Intellectual property rights holders may only exercise their rights within the limits and duration protected by law.

No infringement of interests: The exercise of intellectual property rights must not infringe upon the interests of the State, public interests, or the legitimate rights and interests of other organizations and individuals. This means that the use of the National Anthem must take place freely and without obstruction.

Regarding the right to restrict: In cases where it is necessary to ensure national defense, security, or other interests of the State and society, the State has the right to prohibit or restrict intellectual property rights holders from exercising their rights. At the same time, the State may require the subject to allow other organizations and individuals to use one or more of its rights under appropriate conditions. Thus, the implementation of intellectual property rights related to the National Flag, National Emblem and National Anthem must ensure that the dissemination and use of these symbols are not prevented or hindered. This demonstrates respect and encourages their use in cultural, political and social activities, while protecting national identity and pride.

3. How is the singing of the National Anthem punished?

The crime of insulting the National Flag, National Emblem and National Anthem is stipulated in Article 315 of the 2015 Penal Code specifically as follows:

Crime of insulting the National Flag, National Emblem and National Anthem

Anyone who intentionally insults the National Flag, National Emblem and National Anthem shall be subject to a warning, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

Accordingly, anyone who modifies the lyrics of the Vietnamese National Anthem may be prosecuted for insulting the National Anthem. Depending on the severity of the case, penalties will include warnings, non-custodial reform for up to 3 years, and imprisonment for up to 3 years.

Above is the article “What are the penalties for parodying the National Anthem? ” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Distinguishing between plagiarism and copyright infringement

Written by Editor VCD on 25 December, 2024. Posted in Announcement, Copyright Registration, Written works.

Using other people’s works is becoming more and more popular and convenient. However, this also leads to ethical and legal issues, especially two important concepts: plagiarism and copyright infringement. Although related, these two concepts have distinct characteristics that need to be clearly understood. The following VCD article will help you.

1. Plagiarism

Concept: According to Vietnamese dictionaries, plagiarism means taking or using the basis of another person’s work as one’s own. Plagiarism is the intentional or unintentional use of academic products of sentences, paragraphs, articles, data, images, information and ideas of others into one’s own products without using instructions or acknowledging the author of the used content.

Plagiarism is simply the act of using or copying someone else’s ideas or work and pretending that you came up with it or created it.

The nature of plagiarism: Copying someone else’s ideas or quoting someone else’s ideas and pretending that they are your own.

Governing rules: Usually handled by universities, research institutes or educational institutions related to academics.

Enforcement agency: Academic Title Council, Rector or councils of schools or scientific institutes

How to avoid violations: Cite ideas, sentences, phrases used by others with quotation marks and clear sources.

2. Copyright infringement

Concept: Copyright infringement is an act of violating the intellectual property rights of the author, as stipulated in Article 28 of the Law on Intellectual Property. Any individual or organization that commits an act of copyright infringement such as copying, leasing, making derivative works, publishing or distributing a work without the permission of the copyright owner is considered to be infringing copyright. However, there are cases where “fair use” may not be considered an infringement.

Nature of copyright infringement: Performing acts specified in Article 28 of the current Intellectual Property Law leads to infringement of the copyright owner’s exclusive rights.

Governing rules: According to Article 28 of the current Intellectual Property Law and Article 225 of the 2015 Penal Code. Administrative, civil or criminal sanctions may be applied.

Enforcement agency: Intellectual property enforcement apparatus such as police, market management, specialized inspectors, courts

How to avoid violations: Ask for permission from the copyright owner or prove that the act of using or copying someone else’s work does not infringe copyright because it falls under fair use.

3. Some notes on plagiarism and copyright infringement

The common point between plagiarism and copyright infringement is the appropriation, impersonation, copying, or use of someone else’s work without clearly stating the source, making others think that it is your own product. However, it should be noted that not all acts of copyright infringement are considered plagiarism, and vice versa. This distinction is important in understanding the legal and ethical aspects related to the creation and use of works. For example:

Plagiarism without copyright infringement: A student may copy a passage from Nam Cao’s “Chi Pheo” without citing the source. This is considered plagiarism because the student does not indicate that the passage is not his or her own. However, if the original author does not seek to protect his or her rights or there is no evidence that the copying caused damage, this does not necessarily constitute copyright infringement.

Copyright infringement without plagiarism: A researcher may collect material from the internet, including photos, graphics, or articles. If they use these works in a paper with clear citation, they have properly cited them. However, if these works are still owned by the author without permission, the act of copying and using them may be considered copyright infringement. This happens because copyright protects the original author’s rights, allowing them to control the use of their work, regardless of whether or not the source is fully cited.

Although both plagiarism and copyright infringement involve the use of another individual’s work, they possess distinct characteristics.. Plagiarism focuses on the lack of acknowledgement of the source and the impersonation of ideas, while copyright infringement emphasizes the violation of intellectual property rights. Understanding this difference will help creators and users of works avoid legal risks and maintain integrity in their work.

Above is the article “Distinguishing Plagiarism and Copyright Infringement” that VCD sends to you. We hope this article is useful to you.

Sincerely,

How to get foreign books published

Written by Editor VCD on 17 December, 2024. Posted in Announcement, Copyright Registration, Written works.

Publishing foreign books in Vietnam is becoming more and more popular, opening up many opportunities for authors, publishers and readers. In order to publish a foreign work, publishers need to understand clearly about copyright purchase, legal requirements and the process of importing publications. Understanding these things not only helps protect the rights of the author but also ensures the quality and legality of the published publications. The following article from VCD will help you.

1. Copyright of foreign books

Books are creative products in the field of literature with many topics from knowledge, life experience, human emotions, narratives, etc. Accordingly, foreign books are works created and presented in a language other than that of the home country.

Copyright, also known as authorship, is the right of an organization or individual to the work they create or own. After purchasing the copyright, the next step is to publish the book.

According to Article 4 of the 2012 Publishing Law, “Publishing is the organization, exploitation of manuscripts, editing into templates for printing and distribution or direct distribution through electronic means”. Also according to Article 26 of this law, “Publishing works and documents of foreign organizations and individuals for business in Vietnam must be carried out by Vietnamese publishers”.

Therefore, when there is a need to sell foreign publications, the first step that publishers must take is to purchase the copyright. This is considered an essential and important step in publishing activities. After completing the copyright purchase, the publisher will proceed with the translation and carry out the next steps in the publishing process.

2. Conditions for importing books from abroad to Vietnam

According to Article 38 of the 2012 Publishing Law, domestic organizations and individuals, as well as foreign organizations and individuals, are allowed to import publications into Vietnam in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

However, to conduct the business of importing publications, establishments must have a license issued by the Ministry of Information and Communications. To be granted a license, establishments must meet the following conditions:

Have one of the following types of business registration certificates, enterprise registration certificates, or investment certificates as prescribed by law.

The head of the importing establishment must reside permanently in Vietnam and have a diploma from a specialized training institution or a certificate of professional knowledge training in publishing issued by the Ministry of Information and Communications.

Have a team of qualified staff to appraise the content of books in the case of book import business.

In addition, establishments must also comply with the conditions specifically stipulated in Clause 1, Article 14 of Decree 195/2013/ND-CP.

3. Current status of foreign book publishing in Vietnam

More and more publishers in Vietnam are focusing on purchasing book copyrights, and this has become a race between units to seize opportunities and optimize costs. Normally, publishers have to pay foreign copyright owners from 6% to 8% of the cover price of the total number of copies sold, with a minimum requirement of about 2,000 copies. For the translation of domestic works into foreign languages, the copyright fee also ranges from 4% to 12% of the cover price of the total number of prints.

To meet this demand, many publishers have set up a specialized copyright team, seeking book sources from countries with developed publishing industries. They pay special attention to works that have won prestigious awards such as the Nobel Prize in Literature, the Pulitzer Prize, as well as authors who are prominent on the list of best-sellers worldwide. However, many foreign publications, after being copyrighted, are carelessly translated, mistranslated, or arbitrarily edited, leading to content distortion, causing public outrage. Many publishers, in order to catch up with the popularity of the book, have lacked calculation and preparation, thereby affecting the quality of the work.

Moreover, some good works, although requiring large sums of money to purchase copyrights and organize media events, are translated by unknown, less-known translators to reduce costs. This not only reduces book prices but also affects purchasing power. In particular, books with complex content related to culture, especially local culture and national identity, are often not fluently conveyed from the original language into Vietnamese. This situation poses a great challenge to the quality of publishing and the development of the publishing industry in Vietnam.

Above is the article “How to get foreign books published” that VCD sends to you. We hope this article is useful to you.

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Resolving disputes arising from copyright involving foreign elements in Vietnam

Written by Editor VCD on 17 December, 2024. Posted in Announcement, Copyright Registration.

Resolving copyright disputes involving foreign elements in Vietnam is a crucial aspect of intellectual property law. These disputes not only reflect the relationship between authors, owners of works and users, but also involve complex legal regulations between countries. Resolving copyright disputes involving foreign elements in Vietnam not only ensures the legitimate rights of the parties involved but also contributes to building trust in the creative environment. So, what is resolving copyright disputes involving foreign elements?. Follow the article of VCD below.

1. What is resolving copyright disputes involving foreign elements?

Copyright under Vietnamese intellectual property law is the right of organizations or individuals to the works they create or own. This right arises as soon as the work is created and expressed in a certain material form. This does not depend on the content, quality, form, means, language of the work, as well as whether the work has been published or not, or registered or not.

Copyright disputes are disputes over interests between subjects related to copyright. Specifically, according to Clause 1, Section I, Part A of Joint Circular No. 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP, including: Between individuals regarding copyright for literary, artistic, scientific works and derivative works; between co-authors on co-authorship rights, between individuals and organizations on ownership of works, between copyright owners and authors on royalties, remuneration, etc.

Resolving copyright disputes with foreign elements is understood as the court resolving disputes on the rights and legitimate interests of subjects related to copyright, in which at least one of the parties is a foreigner, a Vietnamese residing abroad, a foreign agency or organization, or copyright relationships arising between Vietnamese citizens, agencies or organizations but the basis for establishing, changing or terminating such relationships is according to foreign law, arising abroad or related to relationships abroad.

2. Jurisdiction to resolve copyright disputes involving foreign elements

Disputes arising from copyright involving foreign elements are essentially civil disputes with the following basic characteristics: complexity, multinationality, confidentiality, etc. Vietnamese law has early determined the position and role of the people’s court in protecting copyright, thereby setting out the task of developing litigation procedures to protect the legitimate rights and interests of authors and copyright owners.

According to the 2015 Civil Procedure Code, civil disputes related to intellectual property include disputes over intellectual property rights as prescribed in Article 26 and disputes over intellectual property rights for profit purposes as prescribed in Article 30. These disputes are all under the jurisdiction of the Court.

Specifically, disputes with foreign elements as prescribed in Article 35 are under the jurisdiction of the provincial People’s Court. Therefore, copyright disputes involving foreign elements will also be resolved by the Provincial People’s Court.

3. Determining the applicable law to resolve copyright disputes involving foreign elements.

First, if Vietnam and the country where the copyright dispute takes place are both members of an international treaty related to intellectual property rights, or if one party to the dispute has the nationality of that country, the international treaty will be applied to copyright disputes involving foreign elements.

In cases where the international treaty allows the parties to choose the applicable law, the law will be determined based on the choice of the parties involved.

If there is no international treaty, the determination of the applicable law for copyright disputes involving foreign elements is based on Article 679 of the 2015 Civil Code: “Intellectual property rights are determined according to the law of the country where the subject of intellectual property rights is requested to be protected”. This means that the law applicable to the dispute will be the law of the country where the copyright is infringed, and the owner must request protection in that country. In particular, copyright in this country must be registered and granted a certificate of protection so that the owner can request protection of his rights; that is, only when there is legal protection, the law of that country will be applied to resolve the dispute.

Above is the article “Resolving disputes arising from copyright with foreign elements in VietNam” that VCD sent to you. We hope this article is useful to you.

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Limitation of copyright in teaching and scientific research activities

Written by Editor VCD on 17 December, 2024. Posted in Announcement, Copyright Registration, Copyright-related rights, Written works.

In the field of education and scientific research, sharing and using resources is essential to promote knowledge and innovation. However, copyright protection also plays an important role in ensuring the rights of authors and encouraging creativity. Therefore, limiting copyright in teaching and research activities has become a noteworthy issue. So what are the legal regulations on this issue? Please follow the article of VCD below.

1. Concept

Teaching is understood as presenting knowledge, imparting knowledge in detail for others to understand. Scientific research is the activity of exploring, discovering, understanding the nature and laws of things, natural and social phenomena and creative thinking of solutions to apply in practice (Clause 4, Article 3 of the Law on Science and Technology 2013).

A common feature in teaching and scientific research activities is the exploitation and use of published works. This exploitation and use can be in many different forms and plays an important role in teaching and scientific research.

Limitations of copyright in teaching and scientific research activities are understood as the use of works in the process of imparting knowledge, creating, learning, discovering objects, phenomena, and society without the user having to ask for permission from the author, copyright owner, may not have to pay remuneration, must not affect the normal exploitation of the work, and must not harm the legitimate rights and interests of the author, copyright owner.

Limitations on copyright in teaching and scientific research activities

2. Regulations on copyright limitations for teaching and scientific research activities

The law on copyright recognizes the contributions to literature, art and scientific research of authors and copyright owners by granting them exclusive rights to exploit and use their creative and investment achievements. In order to harmonize the interests of copyright owners and public interests, intellectual property law stipulates exceptions to the exclusive rights, also known as copyright limitations, for certain acts of using and exploiting copyright.

The limitation is reflected in the fact that in certain cases, other individuals and organizations have the right to use published works without permission, without having to pay royalties to the author or copyright owner, or use published works without permission but must pay royalties and remuneration (Articles 25 and 26 of the current Intellectual Property Law). The subjects of application in this case are published works.

Cases of using a work without permission, without paying royalties or remuneration:

Regarding the regulation on self-copying one copy for the purpose of scientific research and teaching by an individual: According to the provisions of Point a, Clause 1, Article 25 of the current Law on Intellectual Property, in addition to complying with the general principle in using a work that does not affect the normal exploitation of the work and does not harm the legitimate rights of the author or copyright owner, copying a work without permission, without paying royalties can only be carried out when meeting the following conditions: self-copying; and only one copy can be copied and only for the purpose of scientific research and teaching by an individual.

Regarding the regulation on copying a work for storage in a library for research purposes. Library activities are always associated with copyright protection, because they originate from the functions and tasks of the library as stipulated in Clause 2, Article 4 of the 2019 Library Law.

According to the provisions of Clause 1, Article 29 of Decree 17/2023/ND-CP: Copying a work stored in a library as stipulated in Point e, Clause 1, Article 25 of the Law on Intellectual Property is the act of copying no more than three copies for preservation, provided that these copies must be marked as archived copies and limited to the subject of access according to the provisions of the law on libraries and archives. According to the above provisions, copying a work for storage in a library is also limited to three copies and must be marked as archived copies and limited to the purpose of non-commercial purposes.

In cases where permission is not required to use a work but royalties and remuneration must be paid:

The law allows other entities to use the work in certain cases without having to ask for permission from the copyright owner but must pay remuneration for the use. Article 26 of the current Intellectual Property Law stipulates this case. This is an exception specifically for broadcasting organizations, the act of broadcasting is considered as communicating the work to the public. Therefore, the intellectual property law stipulates that when an individual or organization broadcasts, they must pay a sum of money to the author or copyright owner. Broadcasting organizations, when using published works for broadcasting, whether sponsored, advertised, or collected money or not, must pay royalties and remuneration to the copyright owner from the time of use. The difference is shown in the level of royalties and remuneration.

Above is the article “Limitations on copyright in teaching and scientific research activities” that VCD sends to you. We hope you find this article useful.

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