Normally, to avoid copyright infringement of their created works, the author or owner of the work will register copyright protection for that work. However, reality shows that many people simply think that when using someone else’s work, it is enough to clearly state the source and author. Some organizations make their own audio and video recordings of other people’s works without any contract with the author, then claim ownership of that recording. Consumers blatantly buy cheap products, copy tapes, and discs that are widely sold on the market without knowing that they are products that violate the Intellectual Property Law. Therefore, to limit the above situation, individuals and organizations need to pay attention when using works protected by copyright, specifically shown in the article below from VCD.
1. What is a work protected by copyright?
According to Vietnamese law, a work is a creative product in the fields of literature, art, and science expressed in any medium or form. Currently, according to Article 14 of the Intellectual Property Law, there are the following types of protected works: stories, plays, visual works, films, photos, videos, computer programs, documents, drawings, and works. Scientific works, songs… Literary, artistic, and scientific works protected by the State are divided into three categories: written works, musical works (sound recordings), and visual works (motion pictures).
Copyright is the right of organizations and individuals to works they create or own (Clause 2, Article 4 of the Intellectual Property Law). Copyright arises from the moment the work is expressed in a certain form; Protected works must be original, that is, not copied or imitated by other works. Protection of copyright owners means that the State agency records documents that protect the personal and property rights of the owners and the copyright owner is allowed to use legal methods to protect your copyright objects against any infringement. Protecting copyright owners not only prevents acts of intellectual property infringement but also solves the problem of copyright infringement as well as handling compensation issues.
Article 19 of the Intellectual Property Law stipulates that the author’s moral rights include:
- Name the work.
- Put your real name or pseudonym on the work; be given your real name or pseudonym when the work is published or used;
- Publish the work or allow others to publish the work;
- Protect the integrity of the work to prevent others from distorting it; Do not allow others to modify or mutilate the work in any form that harms the author’s honor and reputation.
Article 20 of the Intellectual Property Law stipulates that the author’s property rights include:
- Make derivative works;
- Performing works in public;
- Copying works;
- Distributing or importing originals or copies of works;
- Communicate works to the public by wire, wireless, electronic information networks, or any other technical means;
- Rental of originals or copies of cinematographic works and computer programs.
The author, the exclusive copyright owner, shall exercise these rights or authorize others to do so. Organizations and individuals, when exploiting and using one, some, or all of these rights, must apply for permission and pay royalties, remunerations, and other material benefits to the copyright owner.
2. Causes of actual violations of copyright-protected works
Violations of copyright and related rights in the fields of literature, photography, music… can be found on any road, alley, or neighborhood with used banners, slogans, and billboards illustrating images; stores, music businesses, and television movies that have not been officially shown have been flooded with copies online… In particular, with the explosion of information technology, the problem of law violations and copyright infringement has become a problem. Copyright protection creates even more difficulties for authors and management agencies. With increasingly modern technological devices and the development of application platforms and social networks, anyone can become a subject of copyright infringement or violation of law. The situation of “Houses violate, people violate” along with the habit of “using temples” seems to have become obvious. Here are a few reasons:
Firstly, because the work of propaganda, dissemination, and legal education on intellectual property rights in general and copyright and related rights in particular is not yet extensive, timely, and irregular; Law enforcement in this area still has many shortcomings. In addition, the coordination between agencies in the enforcement apparatus for copyright and related rights protection is still limited. Inspection, examination, and handling of violations are not enough to deter and prevent infringement of copyright and related rights. Field monitoring officers still have part-time duties and are not yet specialized in expertise, skills, and operations, leading to low management and enforcement efficiency.
Secondly, one of the causes leading to the current situation of copyright infringement is also the fault of the authors themselves. Authors and owners whose works are infringing on copyright do not proactively “claim” the rights of their “brain children” even though they are very upset when they see them being used widely for copyright infringement. commerce. The violation continues until the author or owner discovers it, but in this situation, the violating parties have greatly affected the rights of that author.
According to statistics from the authorities, in recent years, intellectual property rights infringement cases have tended to increase and cause significant economic damage. This situation will still occur if individuals, organizations, and units do not take action to protect their interests. What is worrying today is that most businesses often focus on building brands and industrial designs but forget about registering for their protection. This will be a loophole for thieves to profit, causing businesses to suffer losses in copyright disputes as well as making it difficult to handle intellectual property violations.
3. Some notes when using works protected by copyright
Therefore, in addition to being aware of protecting the rights and interests of authors and owners of works, each individual and organization must be aware of the importance of asking permission and using copyrighted materials. work is protected by copyright. Below is one of the things to note when using works protected by copyright, including:
Firstly, it is necessary to determine whether the use of those works requires signing a license contract with the rights owner. Acts of using works protected by copyright can include the use of a song in a television program, the sale and distribution of CDs, and the use of software in businesses’ computer karma. Most acts of use or commercial exploitation of such rights require a license agreement or transfer of rights from the owner, so it is difficult to determine whether there is a license agreement or not. is very important. Next, subjects who want to use need to identify the rights owner to negotiate, draft, and sign a license contract before using and exploiting the copyright-protected work.
Secondly, it is necessary to determine whether copyright is managed by the owner, the producer, or by a collective organization. If there is a collective rights management organization when cooperating with this organization, individuals and organizations who want to use the work can save a lot of energy and money. This organization can significantly simplify the process of licensing works, directly dealing with individual authors and owners. The organization also offers centralized services where rates and terms of use can be negotiated and permissions obtained quickly and easily.
Thirdly, it is necessary to ask for permission to use copyright-protected works. In the minds of many people today, works published on the Internet are public property and they can be used for free. However, regardless of the medium published and the work is still under protection, its use requires the owner’s consent. In addition, you can further determine whether your behavior falls within the case of using published works without permission, without having to pay royalties or remuneration according to Article 25 of the Intellectual Property Law and other cases. In the case of using published works, permission is not required but royalties and remuneration must be paid according to Article 26 of the Intellectual Property Law.
Above is the article: “Notes when using works protected by copyright”. Hope this article will help you.
