According to current Vietnamese law, related rights are built based on each type of right holder, including the rights of performers to their performances, the rights of producers of phonograms, images over their audio and video recordings, and the rights of broadcasting organizations over their broadcasts. The content of related rights is the same as copyright, including moral rights and property rights. To further clarify the basic content of related rights under Vietnamese law, we would like to bring to you the article below.
1. Performers’ rights
Performers’ rights are stipulated in Article 29 of the Intellectual Property Law, including moral rights and property rights.
Moral rights of performers include:
- To be introduced by name when performing, when releasing audio or video recordings, or broadcasting the performance;
- Protect the integrity of the performance image to prevent others from distorting it; Do not allow others to modify or mutilate in any form that is harmful to the performer’s honor and reputation.
Property rights include the exclusive right to exercise or allow other organizations and individuals to exercise the following rights:
- Shape your live performance on audio and video recordings;
- Directly or indirectly copy all or part of your performance fixed on audio or video recordings by any means or form.
- Broadcast or communicate to the public your unscripted performance in a manner accessible to the public, unless the performance is intended for broadcast;
- Distributing, importing for distribution to the public through sale or other form of transfer of ownership of originals, copies of fixations of their performances in tangible form, except for the cases specified in Clause 5 (1) (b) of this Article;
- Commercially leasing to the public originals or copies of their performances fixed in audio or video recordings, even after being distributed by the performer or with the permission of the performer;
- Broadcast and communicate to the public a version of your performance, including providing to the public a version of your performance in a manner accessible to the public at a place and time of their choosing. select.
In addition, the owner of the rights to a performance does not have the right to prohibit other organizations or individuals from performing the following acts:
- Copy a performance solely to exercise other rights prescribed by this Law; Temporary copying according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or legal use of its own performance has been established on audio or video recordings, which have no independent economic purpose and copies are automatically deleted and cannot be restored;
- Subsequent distribution, import for distribution of originals or copies of performance fixations that have been authorized or permitted to be distributed by the owner.
2. Rights of audio and video recording producers
The rights of producers of audio and video recordings are recognized in Article 30 of the Intellectual Property Law. Accordingly, producers of audio and video recordings have the exclusive right to exercise or allow other organizations and individuals to exercise the following rights:
- Copy all or part of your audio or video recordings by any means or form, except for the case specified in Clause 3 (a) of this Article;
- Distributing, importing for distribution to the public through sale or other form of transfer of ownership rights to originals, copies of their audio and video recordings in tangible form.
- Commercial rental to the public of originals or copies of one’s audio or video recordings, even after distribution by the producer or with the permission of the producer;
- Broadcast and communicate to the public their audio and video recordings, including providing to the public the audio and video recordings in a way that the public can access at a place and time of their choosing .
However, the owner of the rights to audio or video recordings does not have the right to prohibit other organizations or individuals from performing the following acts:
- Copy audio or video recordings only to exercise other rights prescribed by this Law; temporary copying according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or legal use of audio or video recordings, without Independent economic purposes and copies are automatically deleted, with no possibility of recovery;
- Subsequent distribution or import for distribution of originals or copies of audio or video recordings that have been authorized or authorized to be distributed by the owner.
3. Rights of broadcasting organizations
The rights of broadcasting organizations are recognized in Article 31 of the Intellectual Property Law. Broadcasting organizations have the exclusive right to exercise or allow other organizations and individuals to exercise the following rights:
- Broadcasting, re-broadcasting its broadcasts;
- Directly or indirectly copy all or part of your broadcast format by any means or form.
- Shape your broadcast;
- Distributing, importing for distribution to the public through sale or other form of transfer of ownership rights to the fixation of its broadcast program in tangible form.
In addition, the owner of rights to a broadcast program does not have the right to prohibit other organizations or individuals from performing the following acts:
- Copy broadcast programs only to exercise other rights prescribed by this Law; temporary copying according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or legal use of the broadcast, for no other purpose Independent economy and copies are automatically deleted, there is no possibility of recovery;
- Subsequent distribution, import for distribution of broadcast formats for which distribution has been authorized or authorized by the owner.
Above is the article “The fundamental contents of related rights under Vietnamese law“. We hope this article is useful to you.
