When it comes to performance, people are familiar with and immediately think of performing arts such as theater, dance, or a singer performing a song on stage. However, from the perspective of Intellectual Property Law, “performing works in public” is not understood in the usual way as above and is not limited to those types of art, but is understood differently. Therefore, specifically, according to the provisions of Vietnam’s Intellectual Property law, how are performances and the right to perform works in public understood?
1. What is the right to perform a work and who belongs to it?
According to Point B, Clause 1, Article 20 of the Intellectual Property Law, performance rights are understood as the right to “Perform works to the public directly or indirectly through audio or video recordings or any other technical means in a location that is accessible to the public but where the public cannot freely choose the time and parts of the work.”
From there, it can be seen that the scope of the right to perform works in public is regulated quite widely, including both face-to-face and online forms and is not limited to only types of performing arts. Usually like plays, musicals, dances, performing songs on stage, etc.
The right to perform a work is one of the rights of the author; the copyright owner has the exclusive right to perform or allow others to perform. Point b, Clause 1, Article 20 of the Intellectual Property Law recognizes the right to perform works in public as one of the property rights of the author and copyright owner.
Therefore, if an organization or individual wants to perform a work, they must obtain permission from the copyright owner and pay royalties and other material benefits (if any) to the copyright owner fake.
2. Content of the right to perform works in public for each type of work
Decree 17/2023/ND-CP has clarified the content of performance rights for each specific type of work as follows:
- For works expressed in language, works expressed in written form: This is the right of the copyright owner to exclusively perform or allow others to perform presentations and presentations for the public to access. can approach and feel the work by hearing, but the public cannot freely choose the time and each part of the work, including feeling from outside the space where the presentation or display is taking place monitor, speaker, or similar technical device.
- For musical works: The right of the copyright owner to exclusively perform or allow others to perform performances so that the public can access and perceive the work by hearing or presenting the work on stage for the public, but the public cannot freely choose the time and parts of the work, including viewing from outside the space where the performance is taking place through screens, speakers, or digital equipment. similar technique.
- For cinematographic works: It is the right of the copyright owner to exclusively perform or allow others to perform screenings so that the public can access and feel the cinematographic work through technical means of art, but the public cannot freely choose the time and each part of the work.
- For fine artworks and photographic works: The right of the copyright owner to exclusively perform or authorize others to exhibit, or display for the public to view the original or copy of the work.
Above is the article “What is the right to perform a work in public?”. We hope this article is useful to you.
