THE PROCESS OF IMPLEMENTING THE COPYRIGHT-RELATED RIGHTS REGISTRATION SERVICE
In the era of technological development, there are many infringements on copyright-related rights due to a lack of understanding or profit, causing harm to the rights and interests of performers, investment organizations, and the production of performances, recordings, videos, and broadcasting programs. Registering related rights for performances, recordings, videos, etc. is not a mandatory procedure, but it is a very important step that helps the owner have an advantage in protecting their rights and countering copyright infringement by individuals or other entities. Here, Vietnam Copyright Development Joint Stock Company (“Vietnam Copyright”) will share the process of implementing the copyright-related rights registration work for our Clients.
What is Copyright-Related Rights Registration?
According to the provisions of Clause 3, Article 4 of the current Intellectual Property Law: “Copyright-related rights (below referred to as “Related rights”) means rights of organizations and individuals to performances, phonograms, visual fixation, broadcasts, and encrypted program-carrying satellite signals”.
Related rights registration is the submission of an application and accompanying dossier (hereinafter collectively referred to as an application) to a competent state agency to record the owner’s information of the relevant right.
Organizations and individuals that have been granted certificates of registration of related rights are not obliged to prove that related rights belong to them when there is a dispute unless there is evidence to the contrary.
Copyright Vietnam is a consulting organization, providing related rights registration services established and operating under the provisions of Vietnamese law. Vietnam Copyright will provide the following services to help performers and owners of related rights protect their legitimate rights and interests:
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Advising on issues related to the provisions of the law on related rights;
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Acting on behalf of the related rights owner to carry out the procedure for submitting the related rights application as authorized;
Subjects of copyright-related rights registration
Under the provisions of Article 17 of the 2005 Law on Intellectual Property, the subjects of related rights protected include:
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Performances are entitled to the related rights if they fall under one of the following circumstances:
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Performances performed by Vietnamese citizens in Vietnam or abroad;
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Performances by foreigners in Vietnam;
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The performance is fixed on sound and visual fixation, the producer has protected the rights to sound and visual fixation according to the provisions of Article 30 of the Law on Intellectual Property;
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Performances that have not been fixed on the audio or visual fixation that has been broadcast are protected according to the provisions of Article 31 of the Law on Intellectual Property;
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The performance is protected under treaties to which the Socialist Republic of Vietnam is a contracting party.
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Audio and visual fixation are protected if they fall into one of the following cases:
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Audio and visual fixation of producers of audio and visual fixation of Vietnamese nationality;
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Audio and visual fixation of producers of sound and visual fixation are protected under international treaties to which Vietnam is a contracting party.
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Broadcasts and satellite signals carrying encrypted programs are protected if they fall into one of the following cases:
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Broadcasts and satellite signals carrying encrypted programs of broadcasting organizations with Vietnamese nationality;
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Broadcasts and satellite signals carrying encrypted programs of broadcasting organizations are protected under international treaties to which Vietnam is a contracting party.
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Note that the subject matter of the copyright-related rights (performances, sound recordings, visual fixation, broadcasts, satellite signals carrying encrypted programs) is protected only provided that it does not prejudice copyright.
Who are the Clients of Vietnam Copyright for related rights registration services?
Clients of Vietnam Copyright are organizations and individuals that organize/implement/invest in performing performances, recordings, visual fixation, and broadcasts subject to registration of related rights, such as:
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Actors and actresses, singers, musicians, dancers, and others who present literary and artistic works (hereinafter collectively referred to as performers);
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Organizations and individuals that have used their time, financial investment, and material and technical facilities to perform the performance are the owners of such performances unless otherwise agreed with the relevant party.
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Organizations and individuals who fix the first time the sounds and images of the performance or other sounds and images (hereinafter referred to as producers of audio and visual fixation);
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The organization that initiates and implements the broadcasting (hereinafter referred to as the broadcasting organization).
Vietnam Copyright process implements copyright-related rights registration service
Step 1: Vietnam Copyright receives information, initial advice, and service quotes
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Copyright Vietnam contacts clients to receive the requests of clients;
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Vietnam Copyright will advise and check if the client’s work is eligible for related rights protection.
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Vietnam Copyright will send you a quotation, in case you agree with the quotation, Vietnam Copyright, and the Client will sign a Service Contract and move to Step 2.
Step 2: Vietnam Copyright deploys related rights registration for Clients
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Vietnam Copyright supports Clients in preparing a valid dossier;
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Copyright Vietnam represents Clients to submit documents and work with competent authorities
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After the Client completes the signing of the dossier, Vietnam Copyright will submit the application on your behalf at the Copyright Office; and
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At the same time, Vietnam Copyright will represent Clients to exchange and explain documents to competent authorities (in case of need).
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Copyright Vietnam represents the Client to receive the related rights registration certificate and pay the fee
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Within 15 working days from the date of receipt of the dossier duly accepted by the Copyright Office and issued the Copyright-related rights Registration Certificate to the client; and
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Vietnam Copyright will pay the fee on behalf of the client and receive the related rights registration certificate;
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With a team of experienced, dedicated, and professional experts, Vietnam Copyright is committed to carrying out the related rights registration work quickly, efficiently, and cost-effectively.