The Intellectual Property Law not only protects literary, artistic, and scientific works but also protects other objects such as performances, audio and video recordings, broadcast programs, and satellite signals and the computer carries the encrypted program. Literary, artistic, and scientific works are protected by copyright, while protection of objects includes performances, audio recordings, video recordings, broadcasts, and satellite signals carrying an encrypted program is not called copyright protection but is called copyright-related rights protection (referred to as related rights).
1. Concept and characteristics of related rights
According to Clause 3, Article 4 of the Law on Intellectual Property: “Rights related to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to performances, audio recordings, video recordings, programs. broadcast, the satellite signal carrying the program is encrypted.”
Related rights are understood as the following rights:
- Performers’ rights to their performances;
- Rights of producers of audio and video recordings with respect to their audio and video recordings;
- The rights of broadcasting organizations to their broadcasts.
Related rights are closely related to copyright, expressed right in the name. To better understand the relationship between copyright and related rights, this article would like to clarify the following characteristics of related rights:
Firstly, related rights are derivative rights. Related rights arise from the use of an original work, for example a film based on the content of a novel. The creators of those new works use their special skills (voice, acting, etc.) to create uniqueness for the work and directly convey the work to the public, bringing the work to life. they make and the original work is better known. However, unlike other derivative works (e.g. translated works), newly created works are no longer directly subject to copyright.
Secondly, the protected object is original. Works must demonstrate creativity, originality, and reflect the unique imprint of the relevant rights holder. Expressing creativity and originality does not mean distorting the author’s original work. In addition, related rights only arise for objects created for the first time (first shaped) with the permission of authors, copyright owners, and related rights owners. Fixed copies of works without the consent of the copyright owners are considered illegal and are not protected by law.
Thirdly, related rights have a limited period of protection, even for moral rights. International treaties and national laws often stipulate that the term of protection for related rights is 20 to 50 years from the time the object is fixed or published. This restriction is intended to ensure a balance between the interests of the owner and the interests of the community, encouraging creativity.
Fourthly, related rights are protected independently, but the protection of related rights must always be considered in relation to copyright. The protection of related rights must not harm copyright. It is impossible to protect the related rights of a work if the creation of that work violates copyright. On the other hand, that does not mean that the protection of related rights must be done after the protection of copyright, but that related rights and copyright are protected at the same time and in sync with each other.
2. Subjects whose related rights are protected
Subjects whose related rights are protected according to the provisions of Article 17 of the Intellectual Property Law include:
“1. A performance is protected if it falls into one of the following cases:
a) Performances performed by Vietnamese citizens in Vietnam or abroad;
b) Performances performed by foreigners in Vietnam;
c) Performances fixed on audio or video recordings are protected according to the provisions of Article 30 of this Law;
d) Performances that have not been fixed on audio or video recordings but have been broadcast are protected according to the provisions of Article 31 of this Law;
d) The performance is protected under international treaties to which the Socialist Republic of Vietnam is a member.
2. Audio and video recordings are protected if they fall into one of the following cases:
a) Audio and video recordings by producers of audio and video recordings with Vietnamese nationality;
b) Audio and video recordings of producers of audio and video recordings are protected under international treaties to which the Socialist Republic of Vietnam is a member.
3. Broadcast programs and satellite signals carrying encrypted programs are protected if they fall into one of the following cases:
a) Broadcast programs and satellite signals carrying encrypted programs of broadcasting organizations with Vietnamese nationality;
b) Broadcast programs and satellite signals carrying encrypted programs of broadcasting organizations are protected under international treaties to which the Socialist Republic of Vietnam is a member.
4. Performances, audio recordings, video recordings, broadcasts, satellite signals carrying encrypted programs are only protected according to the provisions of Clauses 1, 2 and 3 of this Article on the condition that they do not cause damage. prejudicial to copyright.”
Above is the article “What are rights related to copyright and the subjects protected by related rights”. We hope this article is useful to you.
