Although the protection of related rights is always associated with the protection of copyright, the term of protection of related rights and copyright is different. The term of protection of related rights cannot be divided into the term of protection of personal rights and private property rights like the term of copyright protection. Therefore, how the term of protection of related rights is determined, we would like to clarify in this article.
1. Term of protection of related rights according to some international treaties
The issue of intellectual property protection in general between copyright and related rights protection in particular are important issues in today’s modern world. Throughout the 20th and 21st centuries, countries have gradually formed common perceptions and agreements on this protection by signing conventions and agreements and establishing the World Intellectual Property Organization (WIPO). As for the issue of protection of related rights, the existence of conventions and agreements such as the 1961 Rome Convention on the protection of performers, producers of phonograms, and broadcasting organizations; Geneva Convention of 1971 for the protection of producers of phonograms against unauthorized copying of their phonograms; TRIPS Agreement 1994 on Trade-Related Aspects of Intellectual Property Rights; The 1996 WIPO Performances and Phonograms Treaty (WPPT) has become important models for countries to develop laws on the protection of related rights, including Vietnam.
The term of protection of related rights has been clearly stated in the above conventions and agreements. The term of protection of related rights specified in the treaties is not the same and over time, the term of copyright protection specified in the above treaties changes.
According to Article 14 of the 1961 Rome Convention on the protection of performers, producers of phonograms and broadcasting organizations, the term of protection of related rights must last at least until the expiration of the term of 20 years from since the end of the year that:
- The shaping of sound recordings is done – of the sound recordings and of the performances shaped therein.
- Performances were conducted – for performances not captured in recordings.
- The broadcast was made- for the broadcasts.
In addition, according to the Geneva Convention on the protection of producers of phonograms against unauthorized copying of their phonograms signed in 1971, the term of protection is stipulated in Article 4, specifically as follows: “The term of protection will depend on the national law of each contracting state. However, if national law provides for a specific period of protection, the period shall not be less than twenty years from the end of the year in which the sounds embodied in the phonogram were first recorded or of the year in which the sound recording was first published.
On the other hand, Clause 5, Article 14 of the 1994 TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights stipulates that the term of protection for performers and producers of phonograms must last at least is until the end of a period of 50 years from the end of the calendar year in which the recording or performance takes place; The term of protection for radio and television organizations must last for at least 20 years from the end of the calendar year in which the radio and television program is carried out.
In addition, Article 17 of the 1996 WIPO Performances and Phonograms Treaty (WPPT) also notes:
- The term of protection granted to the performer must last at least until the end of a period of 50 years, calculated from the end of the year in which the performance was fixed in the phonogram;
- The term of protection granted to producers of phonograms must last at least until the end of a period of 50 years, calculated from the end of the year in which the phonogram was published, or if there is no such publication. within 50 years from the fixation of the sound recording, the 50-year period is calculated from the end of the year in which the fixation was made.
Through the above provisions, we can clearly see a change towards increasing the term of protection of related rights over time with a minimum of 50 years for the 1994 TRIPS Agreement and the 1996 WPPT Agreement. The change is associated with the development of science and technology, when people found ways to shape performances, recordings, videos and broadcasts on durable, long-lasting materials, not as easily damaged as before and goes hand in hand with the development of cyberspace, where people can store information unlimitedly.
Currently, the laws of most countries in the world also stipulate the term of protection of performers’ rights at 50 years. Vietnam is currently a member of all four international treaties analyzed above, therefore Vietnamese law regulating the term of protection of related rights must not conflict with the provisions of those four treaties.
2. Term of protection of related rights according to Vietnamese law
In Vietnam, the term of protection of related rights is specified in Article 34 of the Intellectual Property Law as follows:
“1. Performers’ rights are protected for fifty years from the year following the year in which the performance is established.
2. The rights of producers of phonograms or video recordings are protected for fifty years from the year following the year of publication or fifty years from the year following the year in which the phonogram or video recording is fixed if the phonogram , recording has not been published.
3. The rights of broadcasting organizations are protected for fifty years from the year following the year in which the broadcast is made.
4. The term of protection specified in Clauses 1, 2 and 3 of this Article ends at 24:00 on December 31 of the year in which the term of protection of related rights ends.”
According to the above provisions, it can be seen that the protection term of related rights is prescribed without distinguishing between personal rights and property rights of the subjects holding related rights. The term of protection of related rights is not as long as copyright but is limited to 50 years from the year following the year the performance is fixed, the phonogram or video recording is fixed/published or the year the broadcast was made. The end of the protection period has been prescribed. The above regulations are completely consistent and consistent with the provisions of international treaties such as the Rome Convention, Geneva Convention, TRIPS Agreement and WPPT Treaty that Vietnam Nam participated.
Above is the article “Term of protection of related rights”. We hope this article is useful to you.
