The copyright industry is increasingly developing, the works created not only bring spiritual values to society but also bring economic benefits. Authors and copyright owners need to understand the basic content of copyright law to be able to protect their rights. Therefore, how is the basic content of copyright regulated?
I. What is copyright?
1. Concept of copyright
Clause 2, Article 4 of the Intellectual Property Law stipulates: “Copyright is the right of organizations and individuals to works they create or own.”
Therefore, copyright includes the specific rights that the law gives to the author or owner of a work to name the work, have a real name or pseudonym on the work, and to have a real name or pen name mentioned on the work name when the work is published or used; Copying, adapting transmitting, or disseminating a work to the public by allowing others to participate in the process of exploiting the work.
2. Characteristics of copyright
- First, the object of copyright is the product of spiritual creative activity, protected regardless of content value and artistic value.
- Second, copyright tends to protect the form of expression of a work, not creative ideas.
- Third, the form of establishing rights under the automatic protection mechanism.
- Fourth, copyright is not protected absolutely.
II. Copyright content according to the current Intellectual Property Law.
Article 18 of the Intellectual Property Law stipulates: “Copyright rights to works specified in this Law include personal rights and property rights.” Meanwhile, it can be seen that copyright includes moral rights and property rights.
1. Moral rights
- Right to name the work: The name of the work partly represents the personal impression and creative personality. Above all, the work is the spiritual creation of the author, so the naming right is always attached to the author and not can be transferred to another person. However, this right does not apply to works translated from one language to another.
- Right to have the author’s name on the work: the author and co-authors are the subjects allowed to have their names on the work. This regulation is intended to better ensure the rights of co-authors regarding the results of their intellectual labor.
- The right to publish a work or allow others to publish a work: is the release of a work to the public in a reasonable number of copies to meet public demand depending on the nature of the work, granted by the author. or performed by the copyright owner or by another individual or organization with the consent of the author or copyright owner. Publication of a work does not include the performance of a theatrical, cinematic, or musical work; reading in public a literary work; broadcasting of literary and artistic works; display of visual works; Construction works from architectural works.
- The right to protect the integrity of the work and not allow others to edit or cut the work in any form that harms the author’s honor and reputation: is the right to not allow others to edit or cut the work. rip works or repair or upgrade computer programs unless otherwise agreed by the author. However, technical modifications when presenting a work that does not affect the content, ideology, or form of expression of the work do not require the author’s permission and do not violate the rights of the author. protect the integrity of the work.
2. Property rights
- Right to make derivative works: When exploiting and using the right to make derivative works, organizations and individuals must obtain permission from the copyright owner and pay royalties and other material benefits (if applicable) to the copyright owner, except for the exceptions specified in Clause 3, Article 20, Articles 25, 25a, 26, 32, and 33 of the Intellectual Property Law amended and supplemented in 2022. In the case of creating derivative works that affect moral rights specified in Clause 4, Article 19, the author’s written consent is also required.
- Right to perform a work in public: is the right of the copyright owner to exclusively perform or allow others to perform the work directly or through audio or video recordings or any other What technical means are accessible to the public?
- The right to copy a work: the right of the copyright owner to exclusively make or authorize others to make copies of the work in any means or form, including the creation of copies in electronic form.
- The right to distribute or import originals or copies of works: is what the copyright owner does or allows others to do in any form or technical means accessible to the public to sell, rent, or otherwise transfer originals or copies of works.
- Right to communicate works to the public: the right of the copyright owner to make or allow others to make the work or copies of the work available to the public through certain technical means.
- Right to rent originals or copies of cinematographic works and computer programs: To exploit economic efficiency, copyright owners can lease originals or copies of works to others for exploitation and limited use.
Above is the article “Copyright Content under Vietnam Intellectual Property Law”. We hope this article is useful to you.
