Computer programs are subject to copyright protection under Vietnamese law. However, the protection of copyright as a literary work for computer programs under Vietnamese law still has certain limitations and challenges, not achieving optimal protection efficiency. To better understand the limitations of copyright protection for computer programs, please give some notes on copyright protection for computer programs from the following practical perspective.
1. The integrity of computer programs
Clause 4, Article 19 of the Law on Intellectual Property of Vietnam stipulates: “The right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author“. In order to explain more clearly the above provisions, Clause 3, Article 20 of Decree No. 22/2018/NĐ-CP stated: “The right to protect the integrity of the work, not allow others to repair or mutilate the work specified in Clause 4, Article 19 of the Law on Intellectual Property is not allowing others to repair, trimming the work or repairing or upgrading computer programs unless agreed by the author.” Although the above provision helps to ensure the right to protect the integrity of the work in general, for computer programs, the application of this regulation does not achieve the desired effect for the reasons below.
The computer program can be regularly updated. Unlike other copyrighted objects, computer programs are widely applied in the production and working process of humans, so they are regularly improved and upgraded with short cycles, within a few months or once a year. Besides, as usual, computer programs are created by groups of programmers, the number of which can range from a few people to hundreds of people. In the process of building and creating computer programs and updating new versions of computer programs, the people who directly repair, change, and create the functions of computer programs may change, not the original ones. At that time, if you want to change and upgrade the program, the copyright owner must get the consent of all co-authors, causing a lot of problems and trouble.
It can be seen that, in the event that the author (programmer) is not simultaneously the copyright owner (computer program producer), the copyright owner will be restricted from the freedom to change, improve, and upgrade the computer program to market. Authors can use the right to protect the integrity of the work to prevent copyright holders from upgrading computer programs and prevent other micro-programmers from joining to perform the work of editing and improving computer programs. Meanwhile, usually programmers work under an employment contract with a computer program manufacturer, changing people to edit and upgrade programs is a change of course. In fact, in the current era of rapidly changing technology, this regulation has deprived copyright owners of the initiative and pioneering advantage in the market.
The right to protect the integrity of works is a moral right and cannot be transferred, however, for the technical characteristics of computer programs, the above provisions of Vietnamese law have not yet achieved reasonableness and practical effectiveness.
2. Content and data associated with computer programs are not protected along with computer programs
Computer program content and data will not be automatically protected simultaneously with computer program protection. In the case of data-protected computer programs, such as image editing platforms that have available illustrations or vignettes, illustrations to add to the user’s images, or reading platforms that contain written or audiobook text, … then only the computer program itself is protected (source code or machine code) without including the accompanying data.
Thus, in case the author or copyright owner wishes to protect computer programs with data content, in addition to registering for the protection of computer programs, authors and copyright owners need to register the copyright for the content and accompanying data in an appropriate form.
3. Duration of copyright protection for computer programs
The duration of protection of computer programs is not specified separately but in the general provisions of Point b, Clause 2, Article 27 of the Law on Intellectual Property. Accordingly, computer programs have a protection period of the author’s lifetime and fifty years following the year the author dies; in the case of a co-authored work, the protection period ends in the fiftieth year after the last co-author’s death.
Considering the rapidly changing practical situation of information technology, the provision of the above protection period for computer programs is too long, and unrealistic compared to the life cycle of computer program products. This regulation can be a barrier to creativity, limiting the competition for technology products.
4. Scope of copyright protection for computer programs
Currently, Vietnamese law provides for the protection of computer programs in the form of source and machine code. This regulation is highly general, but there are no more detailed and specific regulations on the protection of elements inside a computer program, specifically the structure of the program. Although during the construction process, the structure may also change, there are parts of the program that reflect the creative thinking as well as the habits of use, bearing the author’s own imprint, such as organization, layout, command menu, interface, … In addition, Vietnamese law does not have the classification of computer programs into categories with different functions and objectives such as operating systems, programming software, and application software.
Above is the content of the article “Some points to be aware of on copyright protection for computer programs”. Copyright Vietnam hopes this article is useful to readers.
Best regards.
