Normally, works, performances, audio recordings, video recordings… all have an author or copyright owner who is an identified individual or organization. However, there are still exceptions where it is impossible to determine who the author, copyright owner of a work, performance, recording, etc. is, in which case the State will represent and manage its copyright and related rights.
According to the provisions of Clause 2, Article 42 of the Intellectual Property Law, the State represents the management of copyright and related rights in the following cases:
1. Unable to find or determine the owner of copyright or related rights
Works, performances, audio recordings, video recordings, broadcasts for which the copyright owner, related rights owner, or co-owner of copyright cannot be found or cannot be identified. co-owner of related rights, the State will represent and manage copyright and related rights.
These are works, performances, audio recordings, video recordings, and broadcasts that have been published but have no information about the author, performer, copyright owner, or related rights owner. have information about the author, performer, copyright owner, or related rights owner who is a Vietnamese organization or individual but cannot be found or contacted;
2. Anonymous works
Based on the provisions of Clause 2, Article 3 of Decree 17/2023/ND-CP, anonymous works can be understood as works that do not or do not have the author’s name (birth name or pen name) on the author’s name product upon publication. An example of an anonymous work can be mentioned as the folk literature work “Tam Cam”, a story with ancient origins that was developed in a class-based society with the emergence of bourgeois private ownership and the regime of the socialist patriarchal family in ancient times. However, the author of the story Tam Cam is still a mystery.
Until the identity of the author, co-author, copyright owner, and joint copyright owner is determined, the administrator of copyright and related rights will be the State, except in the case of:
- Organizations and individuals that are managing or receiving transfer of rights to anonymous works shall enjoy the owner’s rights until the identity of the author and co-author is determined.
- Once the identity of the author and co-author is determined, the owner of the copyright for this work, the rights and obligations related to the copyright of the organization or individual managing or receiving the transfer will be determined. determined according to the provisions of the Intellectual Property Law and other relevant laws.
Therefore, there are two cases of works, performances, audio recordings, and video recordings… in which the State is the management representative of copyright and related rights prescribed in law. That is anonymous works and works whose owners cannot be found or whose owners cannot be identified.
In cases where organizations and individuals need to use works, performances, audio recordings, video recordings, or broadcast programs where the State is the representative managing copyright and related rights, they must pay a Dossier directly or via postal service to the specialized state management agency on copyright and related rights of the Ministry of Culture, Sports and Tourism after trying to find the right holder but being unable to do so found or unable to contact.
Above is the article “Works, performances, phonograms, video recordings, and broadcasts for which the State is the representative in the management of copyright and related rights”. We hope this article is useful to you.
