In the context of an increasingly developing knowledge-based economy, distinguishing between copyright and copyright-related rights becomes necessary. Although both protect the rights of authors, performers and producers, etc., they have distinct characteristics. Understanding the different aspects of these two types of rights will help subjects exercise their rights more effectively. The following article “Distinguish between copyright and copyright-related rights from VCD will help you.
1. Similarities between copyright and copyright-related rights.
- Scope of regulation: Both are subject to the 2005 Intellectual Property Law and related legal documents.
- Subjects of intellectual property rights: Both copyright and related rights are subjects of intellectual property rights.
- Management: The Ministry of Culture, Sports and Tourism is responsible for managing both types of rights.
- State recognition and protection: Both rights are recognized and protected by the State according to the provisions of law.
- Financial support: The State has a policy of financial support for the creation, transfer and exploitation of copyright and related rights to serve the public interest.
- Self-protection measures: Organizations and individuals have the right to apply legal measures to protect their rights in both of these areas.
2. Differences between copyright and rights related to copyright
| Criteria | Copyright | Related Rights |
| Basis for the occurrence and establishment of rights | Arising when a work is created and expressed in a certain material form, regardless of content, quality, form, means, language, whether published or not, registered or not. (Based on Clause 1, Article 6 of the Law on Intellectual Property 2022) | Arising when a performance, sound recording, video recording, broadcast program, or encrypted program-carrying satellite signal is fixed or performed without prejudice to copyright. (Based on Clause 2, Article 6 of the Law on Intellectual Property 2022) |
| Protected objects | Types of works protected by copyright include: (1) Protected literary, artistic and scientific works include: – Literary, scientific works, textbooks, teaching materials and other works expressed in writing or other characters; – Lectures, speeches and other speeches; – Journalistic works; – Musical works; – Dramatic works; -Cinematographic works and works created by similar methods; – Works of fine arts and applied arts; – Photographic works; – Architectural works; – Diagrams, plans, maps, drawings related to topography, architecture, scientific works; – Folk literature and art works; – Computer programs, data collections. (2) Derivative works are only protected if they do not harm the copyright of the work used to create the derivative work. (Based on Article 14 of the Intellectual Property Law 2022) | – Performance performed by Vietnamese citizens in Vietnam or abroad; – Performance performed by foreigners in Vietnam; – Performance fixed on a protected sound recording or video recording; – Performance not yet fixed on a sound recording or video recording but broadcasted under protection; – Performance protected under an international treaty to which the Socialist Republic of Vietnam is a member. – Sound recording or video recording of a sound recording or video recording producer with Vietnamese nationality; – Sound recording or video recording of a sound recording or video recording producer protected under an international treaty to which the Socialist Republic of Vietnam is a member. – Broadcasting programs, satellite signals carrying encrypted programs of broadcasting organizations with Vietnamese nationality; – Broadcasting programs, satellite signals carrying encrypted programs of broadcasting organizations protected under international treaties to which the Socialist Republic of Vietnam is a member. (Based on Article 17 of the Intellectual Property Law 2022) |
| Protected subjects | Organizations and individuals whose works are protected by copyright include the person who directly created the work and the copyright owner. (Based on Article 13 of the Intellectual Property Law 2022) | Organizations and individuals whose related rights are protected include: – Actors, singers, musicians, dancers and others who perform literary and artistic works; – Organizations and individuals who are owners of related rights. – Organizations and individuals who first fix the sound and images of the performance or other sounds and images. – Organizations that initiate and carry out the broadcasting. (Based on Article 16 of the Intellectual Property Law 2022) |
| Protection contents | Personal rights and property rights. | Mainly property rights, only performers have personal rights. |
| Protection conditions | Be original; be shaped in a certain material form; in the field of literature, art, science; not subject to the subjects not subject to protection. | Must be original, must have the creative mark of the relevant subject and must not prejudice the copyright. |
| Protection period | Personal rights: indefinite protection except for the right to publish the work; – Property rights: The protection period is as follows: – Cinematographic, photographic, theatrical, applied art, anonymous works: The protection period is 75 years from the date of first publication of the work. – Remaining works: The protection period is the lifetime of the author and 50 years following the year of the author’s death; in the case of a work with co-authors, the protection period ends in the fiftieth year after the year of the death of the last co-author. (Based on Article 27 of the Intellectual Property Law 2022) | – Performer’s rights: fifty years from the year following the year of performance fixation . – Producer’s rights: fifty years from the year following the year of publication or fifty years from the year following the year of fixation of the recording if the recording has not been published. – Broadcasting organization’s rights: fifty years from the year following the year of broadcast. (Based on Article 27 of the Law on Intellectual Property 2022) |
Above is the article “Distinguish copyright and rights related to copyright” that VCD sends to you. We hope this article is useful to you.
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