Professional Documents
Culture Documents
RELATED RIGHTS
2.1 Overview of Copyright
2.1.1 History 2.3 Protection of related rights
2.1.2 Definition 2.3.1 The relationship between
2.1.3 Characteristics copyright and related rights
2.1.4 Significance 2.3.2 Definition
2.1.4 Copyright law system 2.3.3 Characteristics
2.2 Protection of copyright 2.3.4 Authors and owners
2.2.1 Copyright subject 2.3.5 Subject matters
matters 2.3.6 Content
2.2.2 Protection condition and 2.3.7 Limitation
Exclusions 2.3.8 Acts of infringement
2.2.3 Authors and owners
2.2.4 Content
2.2.5 Duration
2.2.6 Acts of infringement
INTRODUCTION
-Literature
-Science
-Art
Works Means to
communicate
works to the
public
-Performances
-Phonograms,
video recordings
-Broadcasts
- Encrypted
program- carrying
2 satellite signals
2.1 Overview of copyright
2.1.1 History
Q&A:
Sách, ấnphẩm
Litterature Textbook
Vănhọc SGK, giáotrình
itectural
Music Fixation Computer Progr Ar
Magazine
Classification of works:
Base on originality of creation:
Original works
Derivative works: translations, adaptations,
modifications, transformations, arrangements of music
and other alternations of literary or artistic work
Compiled, annotated or selected works
2.2 Copyright protection
2.2.2 Protection condition and Exclusion
Author Ownership
Co-author
Co-author
State
2.2 Copyright protection
2.2.3 Author and ownership of copyright
Copyright holders mean organizations and individuals that hold
one, several or all economic rights.
Article 42 Law on IP 2022:
The State shall be the holder of copyright to the following works:
a/ Works created by agencies using state budget to order, assign
tasks, and bid;
b/ The work has been assigned by the copyright owner or co-
owner of the copyright or related rights to the State;
c/ Works, of which terms of protection have not expired but their
copyright holders die in default of heirs, heirs renounce
succession or are deprived of the right to succession.
2.2 Copyright protection
2.2.3 Author and ownership of copyright
The State represents the management of copyright in the
following cases:
a) The work cannot be found or the copyright owner or co-
owner of the copyright cannot be identified;
b) Works are anonymous until the identity of the author, co-
author, copyright holders and co-owners of copyright is
determined, except for the case specified in Clause 2, Article 41
of this Law. .
2.2 Copyright protection
2.2.4 Content
6
Moral rights
Hoàn toàn độ c lậ p so vớ i các quyền kinh tế củ a tác giả
Completely independent of the author’s economic rights
Thườ ng là các quyền cá nhân không thể tách rờ i (không thể bán
hoặ c chuyển nhượ ng)-không giố ng các quyền tài sả n.
Normally inalienable personal rights: cannot be sold– unlike proprietary rights.
Có thể đượ c thự c thi sau khi tác giả đã qua đờ i bở i các đạ i diện
pháp lý
Can be enforced after the author’s death by legal representative
Right to title works
The author has the right to transfer the right to name the
work to the organization or individual receiving the transfer
of property rights.
Translated worked
Tác phẩmdịch Not
Applicable
Computer program
Chươngtrình máy tính
Negotiable
Thỏa thuận (19.1,
22.4)
Cinematographic/ dramaticworks
Tác phẩm điệnảnh, sân khấu
Right to attach real names or pseudonyms to the works
Là việc phát hành tác phẩm đến công chúng với số lượng
bản sao đủ để đáp ứng nhu cầu hợp lý của công chúng
Do tác giả, chủ sở hữu quyền tác giả thực hiện hoặc cho phép
thực hiện
Right to publish works
Publishing works doesNOTinclude
The
performance Construction
of a dramatic, Public Broadcasting ofstructures
cinematogra- Exhibitionof a basedon an
recitationof a of a literary or
phic or musical plastic work architectural
literary work artistic work
work work.
1.Make 2. Displaytheirworksto
derivative the public
works
3.REPRODUCEWORKS
public
4.Broadcast or
communicate their
works to the
- Distribute or
import the
original or
copies of their
works
-To lease the
original or copies
of
cinematographic
works and
computer
programs.
1. Make derivative works
Translations
Adaptations
Modifications
Transformations
Arrangements
2. Display the works to the public
directly or
indirectly through sound recordings, video
recordings or any other technical means
3. Right to reproduce works
• The right to reproduce works means the exclusive, basic
right of copyright holders or theirauthorized persons.
Quyền kiểm soát hành vi sao chéplà cơ sở pháp lý đối với mọi
hình thức khai thác, là quyền cơbảnnhất
• Applied to:
• Copyright holders or their authorizedpersons
• Do chủ sở hữu quyền tác giả độc quyền thực hiện hoặc cho phép người khác
thực hiện
• Performance of works is anywhere except in the
family (ART 23.1 – Decree No.100/CP)
• Không bao gồm việc biểu diễn tác phẩm tại gia đình (Đ23.1 –
NĐ100/CP)
6. To lease original or copies of
cinematographic works and computer
programs
• The exclusive right of copyright holders or their authorized
persons to lease their works for use within a definite term.
Do chủ sở hữu QTG độc quyền thực hiện hoặc cho phép
người khác thực hiện việc cho thuê để sử dụng có thời hạn.
• It shall not apply to computer programs which do not
themselves constitute principal objects for lease, such as
computer programs conducive to the normal operation of
means of transport as well as other machines and
technical devices. (Art. 23.5-Decree No.100/CP)
Không áp dụng quyền cho thuê đối với chương trình máy
tính, khi bản thân chương trình đó không phải là đối tượng
chủ yếu để cho thuê như chương trình máy tính gắn với
việc vận hành bình thường các loại phương tiện gi ao thông
cũng như các máy móc, thiết bị kỹ thuật khác (Đ23 .5 -
NĐ100 /CP)
Summary
Copyright
Moralrights Economicrights
authors, not
transferable
Exclusive right of Authors,
Copyright holders or their
a s
u
t
h
o
r
i
z
e
d
p
e
r
s
o
n
2.2.5 Terms of protection
2.2.5.1 Duration
Economic rights:
• Berne Convention: the life of the author and 50 years after
his death.
• VN IP Law: the whole life of the author and for 50 years
after his death. For a work under joint authorship, the
term of protection shall expire in the 50th year after the
death of the last surviving co-author.
• Regarding cinematographic, photographic, dramatic,
applied art and anonymous works: 75 years as from the
date of first publication. If such works havent been
published, the term of protection shall be calculated from
the date of its fixation (100 years as from the date of its
fixation)
Termof protection
Cinematographic works;
Anonymous and pseudonymous works; Photographic
The whole lifeof works and works of applied art
author and
50
Yearsafter his/ the co-author’s death
75 years calculated from theyear following theyear of publication, or 100 years calcul
Perform Import
• Importing
• Performing a stage work orother
art work in masscultural, copies of
communicationormobilization another's work
activities without colecting fees for personal use
in any form
2.2.5 Terms of protection
2.2.5.3 Exclusions of protection
Case of use of published works where permission and
payment of royalties and/or remunerations are not required
Make 1 copy for scientific research, teaching purpose
(personal, non-commercial)
Copying reasonably part of a work with a copying device
for personal and non-commercial study and scientific
research
Fair use for illustrations in lectures, publications,
performances, sound recordings, video recordings,
broadcasts for instructional purposes
Reasonably cite the work without misleading the author to
comment, introduce or illustrate in his work; for newspaper
writing, used in periodicals, broadcasts, documentaries
Fairuse
Nature of the Copyrighted Work: The Effect of the Use on the Market or Value
Purpose and Character of the Use:
Factual work in nature than creative Amount and Substantiality ofofthethePortion Used:Work:
Copyrighted
Nonprofit and educational expression Quality and quantity widespread and would negatively affect
Transf ormat ive rather than Not apply to st andardized
verbatim copying tests, workbooks
remuneration
Infringement ofcopyrights (Art. 28)
,
Not cause prejudiceto thecopyright
Peformances Phonograms/ videorecordings Broadcasted performance
2.3 Related Rights Protection
2.3.2 Definition
2.3.2 Definition
2.3.3 Characteristics
Performances
Phonograms, video recordings
Broadcasts
Encrypted program-carrying satellite signals
Related rights subject matters
Live Phonograms
performance Broadcasted
or video
recording performance
Producers of
audio and Broadcasting
Performer Owner visual organization
fixation
Conditionsfor protection of related rights
Originality
Created directly by performers, without copying Not cause prejudice to the
copyright of original works
Protected Protected
Protected Performance Phonograms/ video recording
Broadcasted performance
2.3 Related Rights Protection
2.3.6 Contents
2.3.6.1 Rights of performers
If performers are owners (performers-cum-investors):
Moral rights
Economic rights
Directly or
Exclusive
indirectly
To fix their live reproduce a
right, or
performances on performance to
phonograms or which has been authoriz
video recordings formulated on e others
audio and visual to
fixation
Distribute to the
Broadcast or to
public an Pay
communicate to
original
the public in other
performance remuneratio
ways an n to the
unformulated
and copies performer
performance thereof
2.3 Related rights protection
2.3.6.2 Rights of producers of phonograms and video
recordings
Reproduce the whole or part of their phonogram or video
recording by any means or form;
Distribute, import for distribution to the public the
originals or copies of phonograms or video recordings in
tangible form;
Commercial rent to the public of the originals, copies of
phonograms or video recordings, even after distribution
by the producer or with the producer's permission;
Broadcast and communicate to the public the
phonograms and video recordings, including making
available to the public phonograms and video recordings.
2.3 Related Rights Protection
2.3.6 Contents
2.3.6.3 Rights of broadcasting organizations
Broadcast or re-broadcast their broadcasts;
Reproduce directly or indirectly all or part of their
broadcast fixation by any means or form;
Fix its broadcasts;
Distribute, import for distribution to the public through
sale or other form of transfer of ownership rights over
their broadcast program fixation in a tangible form
Economic rights of broadcasting organizations
Fix their
Broadcast or re- broadcasts;
broadcast their
broadcasts
Distribute
their Reproduce
broadcasts formulat ed
to the public broadcasts
2.3.7.1 Duration
50
Peformances are
formulated
Yearscalculatedfrom
the year following the
year Records are published/
formulated
Broadcasts aremade
2.3.7.1 Thời hạn bảo hộ quyền liên quan
Make onecopy
of a work for
personal
Make acopy
scientific of a work for
research teaching
purposes purposes
Reasonable quotingfrom a work in provisional
Make order to provide
copies of information
a work by abroadcasting organiz
Publishedworks may be used withouthaving to seek p
• Deliberately deleting or
modifying electronic
Economic right information regarding
management ofrights
• Appropriating • Deliberately destroying or
• Impersonating de-activating the technical
• Modifying, • Copying or reciting solutions
editing or • Publishing, distributing or • Manufacturing, assembling,
distorting importing for public distribution transforming, distributing,
• Publishing,
performances, copies of afixed importing, exporting,
performance or audio and visual
producing and seling or leasing out
fixation knowing, or having
distributing equipment knowing, or
grounds to know, that electronic
having grounds to know,
without information regarding management
that suchequipment helps to
permission of rights has been deleted or
modified without illegally decode satellite
permission signals carrying coded
• Deliberately receiving or relaying programmes.
satellite signals carrying coded
Moral right programmes without permission
from the legal distributor.
Anti self-
protection
2.3 Bảo hộ quyền liên quan đến quyền tác g
2.3.8 Hành vi xâm phạm quyền liên quan