Presently, journalism has a significant impact on all aspects of life and has emerged as one of the major factors behind the advancement of society. Due to its exceptional benefits, this type is currently the target of alarming copyright violations. As a result, copyright protection for works created for electronic newspapers is essential. However, not all such works are protected; rather, only those that fulfill certain requirements are covered by copyright protection. The conditions for copyright protection for electronic newspaper works in Vietnam at the moment are outlined in the piece that follows.
1. What is copyright protection for electronic newspaper works?
An electronic newspaper is a form of press that is created in the shape of a webpage and distributed via the internet. Newspaper readers are centered on computers, mobile phones, tablets, and other devices with an internet connection, while electronic newspapers are produced by electronic newsrooms.
Clause 2, Article 4 of the Law on Intellectual Property in 2005 (amended and added in 2022) states that copyright is typically regarded as a collection of the author’s moral and property rights. The term “copyright” refers to a person’s or a company’s legal ownership of works they have produced or own. The law recognizes two subjects with copyright as the creator of the work and the owner of the copyright, it can be inferred from the aforementioned idea. This clause allows for the author of the product as well as the copyright owner to be the same person.
Copyright protection for e-newspaper works is a combination of legal institutions to protect by law the legitimate rights and interests of authors and copyright owners for e-newspaper works. The ability to completely enjoy material rights and benefits is made possible by copyright protection for electronic works, and at the same time, it assists subjects in avoiding potential infringements, motivating them to carry out the task of advancing the knowledge economy.
2. Conditions for copyright protection for e-newspaper works in Vietnam
Only electronic newspaper works that fulfill specific requirements are subject to copyright protection, according to Vietnamese law, meaning that not all electronic newspaper works are protected. When the content of an electronic publication does not break the law, violate good manners and ethics, or endanger the security and defense of the country, it is protected.
According to Article 9 of Decree No. 22/2018/ND-CP, protected journalistic works include the following genres: reportage, spoken word, narration, interview, reflection, investigation, commentary, editorial, treatise, press release, and other types of journalism for publication, broadcast in print, spoken word, video, electronic, or other media. These works must also have independent content and a complete structure.
Accordingly, to be recognized as an author for an e-newspaper work, it is necessary to satisfy specific criteria:
First, the primality requirement (also known as the originality of creativity expressing electronic newspaper works). Primitiveness means the author’s own creativity, not copying all or a basic part from another work, including (i) Creativity, not a mere arrangement of expression, imitating expressions, expressing words, colors, patterns available in the work of others; (ii) The protected e-newspaper work must be original (the first version of the work created by the author; (iii) Ensure the integrity of electronic newspaper works.
Second, the standard for shaping in a particular material shape.
Third, the criteria for the scope of ordinary subjects are determined on the basis of the law where the act of composing or publishing works is carried out.
The following prerequisites must be satisfied for e-newspaper compositions to be given copyright protection: (i) Works protected by copyright protection for electronic newspaper works must ensure originality, that is, the author must directly create his or her intellectual labor without stealing from anyone else’s work; (ii) Only protect the form of expression of electronic newspaper works and not by ideal content, which requires that electronic newspaper works on protection must be expressed in a specific way, as opposed to electronic newspaper works that are just ideas that have not been specifically stated.
When an electronic task is finished, the protection mechanism is automatically created. It is not necessary to apply to a copyright registration document in order to benefit from copyright. But authors and copyright owners should register their rights as soon as the work is completed in order to best safeguard their interests in case of disputes, due to the fact that establishing ownership of copyright without registration is very challenging, expensive, and time-consuming, whereas if a dispute arises, organizations and individuals who have been awarded a Copyright Registration Certificate are not required to do so. The registration process should be completed as soon as possible by writers and copyright holders because a copyright registration certificate is the most crucial and fundamental document to establish a copyright to work.
Above is the content of the article “Circumstances for copyright protection of electronic newspaper work in Vietnam”. Copyright Vietnam hopes this article is helpful to readers.
Respect.
