Related rights are another form of intellectual property law that protects the rights of owners. The protected subjects of related rights also belong to almost all fields. Audio and video recordings are one of the objects within the scope of protection of related rights. However, not all audio and video recordings created are protected by Vietnamese law. So how does the law regulate producers’ rights to audio and video recordings? Please follow VCD’s article below.
1. What are the producer’s rights to audio and video recordings?
Audio and video recordings: According to Decree 17/2023/ND-CP, there is an understanding of audio and video recordings: Audio and video recordings are the fixations of sounds and images of the conversation. performance or other sounds or images or the fixation of reproducing sounds or images other than in a fixed form associated with a cinematographic work or a work created by a similar method. Audio and video recordings can be recordings to disseminate news on radio, television services, or cyberspace; records of performing arts programs; records of the activities of one or more people, depicting actual events, situations, or programs.
According to the provisions of Clause 3, Article 16 of the Intellectual Property Law 2005, the producer of audio or video recordings is the organization or individual that first shapes the sounds and images of the performance or the sounds and other images.
Therefore, the rights of producers of sound and video recordings are understood as the rights that producers have over the products they have created, including sound recordings (such as music albums, and songs). and video recordings (such as music videos, and movies). These rights are recognized and protected by law, to help manufacturers control the use and distribution of their products. This right generally includes the right to copy, distribute, publicly perform, broadcast, and create derivative works from the audio or video recording.
2. Producer’s rights to audio and video recordings
Producers of audio and video recordings have the exclusive right to exercise or allow other organizations and individuals to exercise the following rights as prescribed in Clause 1, Article 30 of the Intellectual Property Law:
a) Copy all or part of your audio or video recording by any means or form, except for the case specified in Point a, Clause 3 of this Article;
b) 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, except for cases specified at Point b, Clause 3 of this Article;
c) Commercially rent to the public originals or copies of your audio or video recordings, even after being distributed by the producer or with the permission of the producer;
d) Broadcast and communicate to the public their audio and video recordings, including providing the public with audio and video recordings in a way that the public can access at a place and time of their choosing.
- Note: In the provisions of Clause 2, Article 30 of the Intellectual Property Law, when exploiting and using one, several, or all of the rights as prescribed above in this Section, organizations and individuals must:
- Obtain permission from the owner of the rights to the audio or video recording;
- Organizations and individuals, when exploiting and using one, some, or all of the above rights, must obtain permission from the owner of the rights to the audio or video recording and pay royalties and other benefits. Other material (if any) gives the owner the rights to the audio or video recording according to the provisions of law or according to agreement in cases where the law does not stipulate, except in the following cases:
- 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, import for distribution of originals, copies of audio and video recordings that have been authorized or authorized to be distributed by the owner.
- Belongs to one of the exceptions of non-infringement of copyright, the exception of non-infringement of copyright for people with disabilities, and limitations of copyright specified in the Intellectual Property Law.
- Belongs to one of the exceptional cases of non-infringement of related rights and limitations of associated rights specified in the Intellectual Property Law.
- The protection period of the producer’s rights to audio and video recordings according to Clause 2, Article 34 of the Intellectual Property Law:
“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”.
In conlusion, according to regulations, the term of protection of related rights of producers of sound and video recordings is fifty years from the year following the year of publication or fifty years from the year following the year of the sound recording. The video recording is fixed if the audio or video recording has not been published. This protection period will end at 24:00 on December 31 of the year in which the related rights protection period ends.
