The law stipulates that intermediary service providers are responsible for implementing technical measures and coordinating with competent state agencies and rights holders to enforce copyright protection measures, related rights in the telecommunications network environment and the Internet. More specifically, what tasks must intermediary businesses perform to protect copyright and related rights in the online environment?
According to Articles 111 and 112 of Decree 17/2023/ND-CP, businesses providing intermediary services must do the following to protect copyright and related rights in the online environment:
Firstly, businesses providing intermediary services build tools to receive requests to remove or prevent access to digital information content that infringes copyright and related rights. The request-receiving tool is one of the following tools:
- A computer program to receive requests;
- Electronic information page to receive requests;
- Email boxes to receive requests;
- Electronic portal to receive requests;
- Other request intake tools have similar functionality.
Confirmation of successful request sending via the receiving tool is considered to mean that the intermediary service provider has received the request.
Secondly, enterprises providing intermediary services must notify the contact point on copyright and related rights issues to the specialized state management agency on copyright and related rights of the Ministry of Culture, Sports and Tourism and published on its website. The contact point includes at least the following information: email address, and contact phone number.
Thirdly, businesses providing intermediary services must warn service users about their legal responsibilities if they commit acts that infringe upon copyright or related rights and authenticate information when users Register a digital account; secure user information and accounts; Provide user information when receiving a written request from a competent state management agency to serve verification and handling of violations of law on copyright and related rights.
Fourthly, businesses providing intermediary services providing the service of “storing digital information content on demand” (hosting) must remove or prevent access to digital information content when knowing the content. The content of that digital information violates copyright or related rights when receiving a request from a competent state agency or a request from the copyright or related rights holder.
Enterprises providing intermediary services are responsible for publishing internal procedures for handling requests to remove or prevent access to digital information content that infringes copyright or related rights or requests to object to such removal. Temporarily remove or prevent access to digital information content on your service system.
Fifthly, enterprises providing intermediary services must comply with the inspection and examination of competent state management agencies according to the provisions of the law on copyright and related rights.
Sixthly, in the case of an enterprise providing intermediary services that exploit and use digital information content protected by copyright and related rights posted by its service users on the telecommunications network environment, and Internet for commercial purposes must fulfill the obligation to apply for permission and pay royalties according to the provisions of Clause 2, Article 20, Clause 4, Article 29, Clause 2, Article 30 or Clause 2, Article 31 of the Intellectual Property Law.
Seventhly, enterprises providing intermediary services do not implement or incompletely implement regulations to be exempt from legal liability (as prescribed in Clause 3, Article 198b of the Intellectual Property Law) and do not comply with regulations on removing or preventing access to digital information content upon request, subject to joint liability for compensation for damages due to infringement of copyright and related rights of service users cause. On the other hand, enterprises providing intermediary services that directly commit acts of infringing upon copyright and related rights specified in Articles 28 and 35 of the Intellectual Property Law must bear the corresponding legal responsibilities according to the regulations of the Law.
Above is the content of the article “What tasks must an intermediary service provider do to protect copyright and related rights in the online environment by Vietnamese law?”. Hope this article can help you.
