Published works are part of protected copyright. Protected issues surrounding this subject matter may include the use or payment for use of those works. Through the article below, we will clarify cases where using published works does not require permission but must pay royalties.
I. In cases of using published works, permission is not required but royalties must be paid
1. Cases where royalties must be paid even if used without permission:
Article 26 of the Intellectual Property Law stipulates that cases of using published works do not require permission, but must pay royalties, and must provide information about the author’s name and the origin of the work, including:
- Broadcasting organizations use published works, works that have been permitted by the copyright owner to be fixed on audio or video recordings for commercial purposes for sponsored broadcasting, advertising or Collecting money in any form does not require permission but must pay royalties to the copyright owner from the time of use. The royalty level and payment method shall be agreed upon by the parties; in case no agreement is reached, the Government’s regulations shall apply.
- Broadcasting organizations use published works or works that have been permitted by the copyright owner to be fixed on audio or video recordings for commercial purposes for broadcasting without sponsorship or advertising, or do not collect money in any form without asking for permission but must pay royalties to the copyright owner from the time of use according to Government regulations;
- In case the work has been permitted by the copyright owner to be fixed on an audio or video recording for commercial purposes, organizations and individuals may use this audio or video recording in business activities, commerce does not have to ask for permission but must pay royalties to the copyright owner of that work according to the agreement from the time of use; in case no agreement is reached, the Government’s regulations shall apply. The Government shall detail the business and commercial activities specified at this point.
For example, discos, restaurants, hotels, music sites, etc., when using published works (whether sponsored, advertised, or charged for use), do not have to ask permission but royalties must be paid to the copyright owner from the time of use.
For foreign songs and musical works; Copyright collective representative organizations, consultancy organizations, copyright and related rights services that hold the right to use the work or are authorized by the author or copyright holder will represent. to the owner to collect royalties from the users. These organizations will represent the owners to collect the fees of restaurants, discos…
Paying for copyright is to protect the rights and interests of the owner. In particular, subjects such as restaurants, discos, karaoke bars are business entities from the use of musical works, so it is reasonable to pay royalties.
2. Conditions for using the work:
- Organizations and individuals using the works listed above must not conflict with the normal exploitation of the work and must not unreasonably harm the legitimate interests of the author or copyright owner must record information about the author’s name and the origin of the work.
- In case the use harms the interests of the copyright owner, it may be subject to legal sanctions such as compensation for damages and administrative sanctions.
Exception: The use of works in the above cases does not apply to cinematographic works.
II. Legal services supporting copyright of Vietnam Copyright Development Joint Stock Company
With a team of experienced legal experts, we are confident in supporting customers in the field of copyright. With the motto of always protecting the legitimate rights and interests of customers, the company tries and ensures to support customers and carry out work in the fastest, most timely and effective way, regularly reporting progress. incident as well as provide a next action plan so that Customers can easily monitor and evaluate work results. Customers can completely trust and feel secure when using our services.
Above is the article “In cases of using published works, permission is not required but royalties and remuneration must be paid“. We hope this article is useful to you.
