1. Copyright for press works
A press work is the smallest constitutive unit of a journalistic product, with independent content and complete structure, including news and articles expressed in writing, sound, or images.
According to Article 6, Clause 3, Decree 17/2023/ND-CP, press works specified in Point C, Clause 1, Article 14 of the Intellectual Property Law are works with independent content and complete structure, including genres: reportage, notes, reports, interviews, reflections, investigations, comments, editorials, treatises, press memoirs, and other journalistic genres for publication and broadcast in print and newspapers verbal, visual, electronic or other means
According to Articles 19 and 20 of the Intellectual Property Law, copyright for press works includes personal rights and property rights, specifically:
- Moral rights: Name the journalistic work; use real names or pseudonyms when journalistic works are published or used; Publish, disseminate, or let others publish or disseminate; Protect the integrity of journalistic works, do not allow others to edit, mutilate, or distort in any form that is harmful to your honor and reputation;
- Property rights: Entitlement to royalties – money collected by organizations and individuals who exploit and use journalistic works; Receive remuneration when journalistic works are used; Enjoy material benefits from allowing others to use the work in forms such as publishing, republishing, and displaying.
2. Copyright protection mechanism for press works
Currently, the protection of copyright for journalistic works is facing many challenges when copyright infringement is still very common and diverse. Therefore, violations are becoming increasingly sophisticated with the exploitation of copyright infringement with the development of technology. Authors and owners of works need to recognize which acts violate copyright, and at the same time need to protect their works consciously. Copyright protection is implemented through the following mechanisms:
2.1. Civil measures
Civil measures are measures that allow authors to protect their works against copyright infringements that directly affect legitimate rights and interests, as well as infringements on the honor and reputation of the author’s creative knowledge, specifically:
Require the violator to remove the offending post, and commit in writing not to repeat the violation, and if the offender repeats it, stronger measures will be taken; negotiate and negotiate between the two parties to bring the most beneficial results to the author and copyright owner.
- To conduct civil proceedings based on the request of the intellectual property rights holder or the organization or individual suffering damage caused by the infringement. Accordingly, the author of the infringed press work can file a lawsuit with the People’s Court of the place of residence of the individual, and the headquarters of the legal entity committing the act of infringement or the Court where the act of infringement was committed. When filing a lawsuit, the author of the infringed journalistic work needs to prepare accompanying evidence;
- In case there is a claim for non-contractual damages, according to Article 584 of the 2015 Civil Code, the author is obliged to prove: (i) the act of infringement; (ii) actual damage occurred; (iii) the relationship between the infringement and the damage caused.
2.2. Criminal measures
Criminal measures are measures to handle acts of intellectual property rights infringement that are defined as crimes under criminal proceedings, specifically:
- The author of a journalistic work can file a criminal complaint when discovering that another individual has committed an infringing act that meets all the elements constituting a crime as prescribed in Article 225 of the Penal Code of 2015, amended and supplemented in 2017;
- The criminal complaint will be sent to the competent authority, specifically, the district investigation agency where the crime occurred or where the offender resides.
2.3. Administrative measures
Intellectual property rights holders, individuals and other organizations that suffer damage due to acts of infringement or detect acts of infringement have the right to request competent state agencies to handle administrative violations of infringement, specifically the Inspectorate, Market Management, Customs, Police, and People’s Committees at all levels will have the authority to handle acts of infringement of press works. Administrative violations due to infringement of copyright of press works and current remedial measures are prescribed in Decree No. 131/2013/ND-CP of the Government stipulating penalties for administrative violations on copyright and related rights, specifically from Article 8 to Article 12, Article 15 to Article 20, and Article 27 to Article 35.
Depending on each case, as well as the level of goodwill of the infringing party and the author’s wishes, the author of the infringed journalistic work can choose for himself/herself appropriate measures.
Above is the article “Mechanism of copyright protection for press works“. We hope this article is useful to you.
