QUESTIONS FOR DISCUSSION (GROUP 1)

1.1. Are copyrights the rights of authors?

Quyền tác giả có phải là quyền của tác giả không?

1.2. Donoghue v. Allied Newspaper Ltd.

– A popular jockey, Donoghue, was interviewed over a period
of time by a journalist (Felstead). News of the World
published a number of articles written by the journalist based
on these interviews.
– The articles had titles such as “Steve Donoghue’s Racing
Secrets”, “Enthralling Stories of the King of Sports” and
“My Greatest Derby”.
– Some of the articles were in the form of dialogues with
Donoghue.
– Donoghue had been paid for these interviews but
subsequently the information in the articles was updated and
a further article appeared in another newspaper under the
title “My Racing Secrets. By Steve Donoghue”.
– Donoghue sought to prevent further circulation of the
articles.
– Did he has the right to do so?
– Who was the author of this article? Felstead or Donogue or
both?
 QUESTIONS FOR DISCUSSION (GROUP 2)

2.1. Can a smell be protected under copyright?

2.2. West HCMC Telephone Co. has published a “white pages” telephone
directory (include only names, addresses and tel. numbers, there’s no
advertisement). FAHASA Publisher reprinted the directory for sale
without authorization of West HCMC Telephone Co.

Did FAHASA infringe copyrights of West HCMC Telephone Co.?

 QUESTIONS FOR DISCUSSION (GROUP 3)

3.1. Can emails and internet material be protected under copyright? Why?

3.2. On their flights, Vietnam Airlines-VNA played music, including

Vietnamese songs/music, for their customers.
• On October 20, 2005 Vietnam Airlines (VNA) received official
word from the Centre for Protection of Music Copyright asking it
to pay a fee when it uses music products for business.
• The airline disagreed with the requirement, reasoning that it has
already paid for a license to use the material via VCD and CD
purchase.

What do you think?

 QUESTION FOR DISCUSSION (GROUP 4)

4.1. Can short combinations of words be copyrighted?

E.g.:
- Company’s names like SONY, EXXON
- Slogans like “It's the real thing.“ (Coca-Cola), "The Power to Be Your
Best." (Apple), "OMO-chuyên gia giặt tẩy vết bẩn“ (Unilever)

4.2. Please discuss:

A. In order to read an internet material, you have to make a transient
copy of the material in the computer’s (RAM). Can this action
constitute copyright infringement?

B. You bought a book at the book exhibition with the author’s

signature in the first page. Afterwards, is it a copyright
infringement if:
+ you give it to a friend.
+ you sell it to a book store.
+ you rent it out.
+ you write another book based on it.
 QUESTIONS FOR DISCUSSION (GROUP 5)

5.1. Can song titles be copyrighted?

5.2. ABC Software, Inc. (ABC), a U.S. company, assigns Tim Smith, one
of its junior programmers, to work on a program to assist real estate
investors with managing their investment properties.
Tim develops the software product virtually on his own, with no
assistance from others in the company.
Once completed, the product is an unexpected success, and the
company realizes tens of millions of dollars in revenue from it.
Nonetheless, Tim's only reward for his work, in addition to his regular
salary, is a $500 end-of-year bonus.
Tim is bitter and sues ABC, claiming the copyright in the software is
owned by him because he created it?
QUESTIONS FOR DISCUSSION (GROUP 6)

6.1. Can compilations (các tuyển tập) be protected?

6.2. “Chat with Mozart” is a collection of songs whose words were

written by musician Duong Thu and whose music is based on
pieces of classical music composed by Mozart, J.S. Bach,
Tchaikovsky, Borodin, Elgar, Schumann, Vivaldi, Gounod, Saint-
Saens.
The singers of these songs are My Linh and the band, The
Brothers.
“Chat with Mozart” was released in December 2005.
In November 2006, law scholar Cu Huy Ha Vu sent letters to the
Hanoi Department of Culture and Information and Tien Phong
newspaper to request that the authors and producers of “Chat with
Mozart” be disciplined for infringing copyrights.
Do you think that it is the case?
 QUESTIONS FOR DISCUSSION (GROUP 7)

7.1. Why computer programs are protected as literary works?

7.2.
To celebrate the 1000-year anniversary of Thang Long - Hanoi, people’s
Đặng Thái Sơn performed Concerto No. 1 by Chopin at Hanoi Opera
house.
Someone in the audience makes a bootleg recording of Đặng Thái Sơn’s
performance and sells it to a record company other than Ho Guom Audio
Company, with whom Đặng Thái Sơn has a recording contract.
The recording of Ho Guom Audio Co. is not copied or dealt with, the
bootleg recording is an entirely separate and independent recording.
Both Đặng Thái Sơn as the performer and Ho Guom Audio Co. as the
recording company are unhappy with this sequence of events.

Discuss the copyright/related rights aspects of these facts.

 QUESTIONS FOR DISCUSSION (GROUP 8)

8.1. Can works that are out-of-print or no longer available for sale be
copyrighted?

8.2.
• FTU signed a contract with G-Brand Co. to change its new
logo. Who own the copyright over the new logo?
• In whom did the copyright in the research papers vest – the
students or the advisor/professor?
• In whom did the copyright in the examination papers vest - the
examiners or the university?
 QUESTIONS FOR DISCUSSION (GROUP 9)

9.1. Can photos captured by surveillance cameras in shops be

protected under copyrights?

9.2. Discuss the possible copyright issues relating to the Game

“Flappy Bird”
 QUESTIONS FOR DISCUSSION (GROUP 10)

10.1. Vn Express has a section on “Những bài văn bất hủ của học
trò”. Should they respect copyrights over those?

10.2. Discuss copyright and/or related right issues in the case where
Ngan Ha sang the song “”Nơi ấy bình yên”, which is a “ca khúc độc
quyền” of Thảo Trang in Vietnam Idol. 