Copyright in Vietnam

Copyright means the rights that creators have over their literary and artistic works including software, database, technical drawings, maps, books, music, paintings, photograph, architecture, sculpture, and films, advertisements…

Copyright in Vietnam

Developing countries tend to have lower IP indexes than developed countries. However, with the integration into the global economy through signing trade agreements, the bar for protection of life sciences IP, copyrighted content online, and enforcement against IP theft have been raised in developing countries including Vietnam because it realizes the benefits it brings. Hence, Vietnam has reviewed and changed its IP law in a way that better protect copyrights in Vietnam.

We are a copyright consultant in Vietnam with lawyers having suitable qualifications and experience to assist client from application, protection, and dispute handling process.

ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights in Vietnam as following:

-Advise legal matters of copyright and related rights in Vietnam and abroad;

-Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;

-Complete the applications and file to register copyright and related rights;

-Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.

It is important to register copyrights in Vietnam for better protection hence our IP attorney at ANT Lawyers always strive our best to provide copyright registration services in Vietnam to client.

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How do I use samples in my music without infringing copyrights?

It depends on a couple of things: how you plan to use the music and whether or not the average listener will be able to identify the samples.

 

Copyright in Vietnam

Typically, you won’t have an issue if you abide by the following:

-Only use the music for personal use (as in you make absolutely no money)

-You are performing the music live (as in you are not copying and selling the music).

-If you do distribute to the public, then the average listener can’t tell what the samples are or if your use falls under the “fair use” category.

Meeting Fair Use Requirements:

-When making this determination, the courts will consider the following points:

-Did the original owner suffer financially due to your use of their samples?

-Did you totally transform the sound to create a brand new song?

-Did you take a large portion of the original song?

-Keep in mind, many of these questions are subjective and it’s not a clear cut situation by any means.

When it doubt: Ask permission. This is the absolute easiest way to avoid any kind of litigation. Reach out the the original owner and simply ask them if you can use a sample of their music to incorporate in your own. Usually you will need to obtain permission from the copyright owner of the song (publisher) and the copyright owner of the master tape (record company).

Source: Quora

ANT Lawyers – A Law firm in Vietnam has law offices in Hanoi, Ho Chi Minh City and Da Nang.  The lawyers at each law offices in Vietnam have consistently made valuable and important contributions to our profession through the cases we handled on daily basis to facilitate business transaction or represented our clients to access justice

 

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How does copyright work?

The law says that only the creator of a work, or his heirs, and no one else, has the right to make copies of it. Thus “copyright.”

The creator can lease out that right, give it away, whatever, but it’s his.

 

Copyright in Vietnam 

All the complications (and there are many) result from deciding who the creator is, what constitutes a copy, and how long copyright should last. Especially what constitutes a copy.

As for how it works in practice, copyright infringement — that is, making a copy without the creator’s permission — is a civil offense, not a criminal one. (What you do with the copies may well be criminal, though, since they’re stolen property.) That means that you won’t be arrested for copyright infringement, but you can be sued, and if you lose the suit you will be ordered to pay the creator everything you made off the infringement, plus any damages the creator can show to his own use of the property, plus (if the copyright was registered) punitive (punishment) damages.

Source: Quora 

ANT Lawyers – A Law firm in Vietnam has law offices in Hanoi, Ho Chi Minh City and Da Nang.  The lawyers at each law offices in Vietnam have consistently made valuable and important contributions to our profession through the cases we handled on daily basis to facilitate business transaction or represented our clients to access justice.

 

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What is the meaning of Copyright?

Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively.

 

Copyright in Vietnam

Those rights include:

-The right to reproduce the work

-To prepare derivative works

-To distribute copies

-To perform the work

-And to display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions. 

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has rights to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about. 

Moral Rights

Though moral rights are not currently recognized in the United States, they’re a major element of European copyright law and are becoming increasingly important as the Web becomes more globalized.

Moral rights are a set of rights that are separate from the author’s copyright on a piece. These rights are generally considered inalienable, which means that they can not be given away or sold, and thus persist even if the copyright to a work is completely sold.

As defined by the Berne Convention, the moral rights of an author are as follows:

-The right to claim authorship of the work

-The right to object to any distortion, mutilation or modification of the work

-The right to object to any derogatory action that may damage the authors honor or reputation

It is easy to see how moral rights can be useful in fighting plagiarism since such an act is not only a violation of the author’s copyright, if he or she holds it, but also the moral rights. It may also be useful in cases where the copyright of a work has been lost, either sold or given away, but plagiarism continues.

Source: Quora

If you're looking for an affordable IP attorneys in Vietnam, check out ANT Lawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

 

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How do I find out whether a product is copyrighted or not?

All artistic, literary, and musical works have copyright protection the instant they are fixed in a physical form.

Copyright in Vietnam 

-If you sketch an illustration on a cocktail napkin, it’s copyrighted.

-If you take a photograph with a camera, it’s copyrighted.

-If you write a blog post that has at least a minimal degree of creative authorship, it’s copyrighted.

-If you make up a new tune and record yourself whistling it, it’s copyrighted.

However, that copyright doesn’t last forever. The duration of copyright protection varies from country to country, and may depend on such factors as whether it was created by an individual or a corporation, and if and when it was published. For most countries, copyright protection lasts for 50–70 years after the creator’s death.

So, find out what the laws of your country are on copyright duration, and research the relevant factors for the creative work whose copyright you are trying to determine.

Source:David Mullich

If you are interested in finding a Copyright Law Firm in Vietnam, let ANT Lawyers help. We can connect you with a skilled lawyer that is much more affordable than a traditional law firm attorney. Check us out and please get in touch if you’d like more assistance. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529. Best of luck!

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What is the meaning of Copyright?

Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively.

Copyright in Vietnam 

Those rights include:

-The right to reproduce the work

-To prepare derivative works

-To distribute copies

-To perform the work

-And to display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions.

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has rights to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about.

Moral Rights

Though moral rights are not currently recognized in the United States, they’re a major element of European copyright law and are becoming increasingly important as the Web becomes more globalized.

Moral rights are a set of rights that are separate from the author’s copyright on a piece. These rights are generally considered inalienable, which means that they can not be given away or sold, and thus persist even if the copyright to a work is completely sold.

As defined by the Berne Convention, the moral rights of an author are as follows:

-The right to claim authorship of the work

-The right to object to any distortion, mutilation or modification of the work

-The right to object to any derogatory action that may damage the authors honor or reputation

It is easy to see how moral rights can be useful in fighting plagiarism since such an act is not only a violation of the author’s copyright, if he or she holds it, but also the moral rights. It may also be useful in cases where the copyright of a work has been lost, either sold or given away, but plagiarism continues.

Source: Quora

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Hanoi Attracted More Than 141 Million USD of Foreign Investment in The First Month of 2020

Hanoi Department of Planning and Investment has just informed that foreign investment attraction in Hanoi in January 2020 reached over 141 million USD, including 68 newly licensed projects, registered capital of 30.2 million USD.

Lawyers in Ha noi City

The total number of enterprises in Hanoi city now is 281,228 enterprises. The number of operating enterprises was 1,393 (down 12% over the same period).

Also, in January, trade activities were assessed to develop well, ensuring goods circulation to serve consumer demand during the Lunar New Year. Total turnover of goods sold and sales of social consumer services was estimated at 256,000 billion VND, up 2.1% over the previous month and up 11.4% over the same period in 2019.

Export turnover of goods in the province in January 2020 was estimated at 1,041 million USD, down 20.2% over the previous month and down 17.4% over the same period last year. In particular, export turnover of agricultural products decreased by 31.5% compared to the same period last year; textiles and garments decreased by 28.9%; footwear and leather products increased by 14.8%; computers, electronics and components decreased by 24.7%; machinery, equipment and spare parts decreased by 29.5%; phones and components decreased by 33.3%…

The industrial production index in January 2020 is estimated to decrease by 24.9% over the previous month and by 14.2% over the same period in 2019, mainly because January of this year coincides with the Lunar New Year. Most major industries have falling production indexes.

Tourists travelling to Hanoi in January 2020 reached 2.38 million arrivals, down 3.5% compared to the same period last year. In which, international visitors reached 481,800 arrivals, down 9% compared to the same period last year (international tourist arrivals to stay reached 339,676 visitors, down 8.4% over the same period); domestic tourists reached 1.74 million, decreasing by 2% over the same period. Total revenue from tourists is estimated at 8,693 billion VND, up 7.2% over the same period last year.

Particularly for 9 days of Lunar New Year, international tourists staying in Hanoi reached 86,844 visitors, down 13% compared to the same period last year. In particular, Chinese tourists decreased by 47% with 13,975 visitors.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact us to book your time in advance to let us provide our best services.

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How much of a copyrighted material can be used under fair use?

Fair use is a defense to copyright infringement; it essentially makes allowable some instances of copyright infringement, such as educational purposes or parody.

Copyright in Vietnam

What makes fair use difficult is that there is no brightline test or rule to apply in all instances; it varies on a case-by-case basis. There are 4 main factors that courts examine for fair use:

-Purpose and character of your use (educational? commercial (i.e. to make money)? comment or criticism? etc.);

-Nature of the copyrighted work (more creative = more protection: fiction book gets more protection than fact-based article b/c facts aren’t copyrightable);

-Amount and substantiality of the portion used (how much of the work was used? does it go to “heart of the matter?”); and

-Effect on potential market (not just effect on current market. might someone use the infringing work instead of something from the copyright owner?

This article is for informational and educational purposes only. This should not be taken as a substitute for legal advice. This does not create an attorney-client relationship with anyone who reads it.

Source: Quora

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Sanctioning for violations of computer software copyright

According to Article 2 (viii) of the Stockholm Convention on 14 July 1967 on the establishment of the World Intellectual Property Organization, intellectual property is defined as the rights related to: Literary works, art and science works, performance of performers, sound recording, video recording, inventions in all areas of human endeavor, Scientific Invention, Industrial Designs, Trademarks (goods), service marks, trade names and indications , logos, Rights (protection) against unfair competition and all other rights are the result of Intellectual activities in industry / engineering, science, literature or arts.

The Berne Convention gives authors a lifetime of copyright and a minimum of 50 years thereafter. However, countries that comply with the convention are allowed to extend the term of copyright.

Software Compliance Law Firm in Vietnam

Depending on the laws of each country, works may be regulated and may have different protections. Copyright infringement of a work can be understood as an act of verbatim copying of part or the whole of a pre-existing work but without the permission of the copyrighted person or unauthorized transmission of part or the whole of a work which is not under his copyright. More specifically, the text is not copied verbatim, but the whole idea as well as the order of presentation of a work are copied. This type of infringement is harder to spot but can still be considered a form of copyright infringement if there is evidence that a "copy" is imitating the prototype. It can be seen that the examples in the master thesis do not specify the source and the main author. The text is not copied in its original form but translated with creative ideas (in other languages ​​or in other formats) is also considered copyright infringement.

Under the 2005 Intellectual Property Law, computer programs or computer software are protected by copyright as protection of a literary work whether expressed in source code or machine code. Therefore, copyright in computer software is also fully protected with personal rights and related rights. The protection of laws on intellectual property products is the basis to encourage individuals and organizations to create useful products. But with the current situation of infringement of intellectual property rights, especially for computer programs and software, the copyright infringement is up to 80%. Most of the computer software programs, if individuals want to use it, have to pay royalties to manufacturers. Normally, this fee is calculated annually, but many individuals and organizations use this reason to use pirated software without copyright.

So how will violators be penalized? Depending on the seriousness, violators may be administratively sanctioned or examined for criminal prosecution. Specifically:

Firstly, regarding administrative handling: Organizations and individuals will be fined from VND 15,000,000 to VND 35,000,000 / 1 software product, if they commit acts of copying computer programs without permission of the copyright owner. At the same time, these organizations and individuals will be forced to remove infringing copies on the digital and cyber environment or destroy the material evidence. According to Article 18 of Decree No. 131/2013 / ND-CP (amended and supplemented by Decree No. 28/2017 / ND-CP), specifically:

A fine of from VND 15,000,000 to VND 35,000,000 shall be imposed for copying a work without permission of the copyright owner. At the same time, the application of remedial measures is to force the removal of copies of infringing works in electronic form, on digital and network environment or forcible destruction of infringing material evidences.

Secondly, on criminal prosecution:

Article 225 of the Criminal Code 2015 (amended in 2017) provides for the Crime of infringement of copyright and related rights as follows:

"Those who are not allowed by the copyright or related right owner to intentionally commit one of the following acts, infringe the copyright and related rights being protected in Vietnam on a commercial scale or gain illicit profits of between VND 50,000,000 and under VND 300,000,000 or cause damage to copyright or related rights owner from VND 100,000,000 to under VND 500,000,000 or infringing goods valued at from VND 100,000 .000 VND to less than VND 500,000,000 will be imposed a fine of from VND 50,000,000 to VND 300,000,000 or face non-custodial reform for up to 03 years:

a) Copying works, sound records, video records;

b) Distribute to the public a copy of the work, a copy of the sound recording, a copy of the video recording. "

In cases of aggravating factors, a fine of between VND 300,000,000 and VND 1,000,000,000 will be imposed or a prison term of between 6 months and 3 years. If a commercial entity commits an offense, the fine level will be higher for an individual, possibly liable to a fine of from VND 500,000,000 to VND 5,000,000,000, suspended from operation for between 06 months and 02 years or banned business, banned activities in certain fields or raising capital from 01 year to 03 years. The applicable penalty will depend on the seriousness of the violation.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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Main points of the Berne Convention on copyright?

The Berne Convention is a convention for the protection of works of art signed in Berne, Switzerland in 1886. The Convention sets out three basic principles and a the provisions defining minimum protection as well as special provisions for developing countries on copyright.

Copyright in Vietnam

1. The principles of copyright protection under the Berne Convention

1.1. Principle of national treatment

The principle of national treatment is the basic and important principle not only recognized in the Berne Convention but also in many other international treaties on intellectual property as well as in the laws of many countries in the world.

1.2. Principles of automatic protection

Copyright protection is the protection of individual creativity in the form of expressing ideas, therefore, when people create and express ideas in a certain objective form, they also generate copyright without a conditions or procedures.

1.3. Principles of independent protection

The enjoyment and performance of the rights of independent protection are not subject to any formula or procedures; this enjoyment and performance are completely independent of whether the work is protected in the country of origin or not. Therefore, in addition to the provisions of this Convention, the level of protection as well as the means of claiming guarantees for authors to protect their rights will be entirely determined by the law of the country where the protection is applied.

2. Impact of copyright protection principles in the Berne Convention on Vietnam

When Vietnam joined the Berne 1886 Convention, there were changes and impacts on the system and process of copyright protection. In October 2004, the Berne Convention entered into force in Vietnam. It can be said that it marked an important step in the process of international integration and can be considered as a day to open a future for the copyright industry in Vietnam.

The Berne Convention has created a legal framework, creating a basis for Vietnam to improve the system of copyright protection laws (Intellectual Property Law, Civil Code) in accordance with international treaties, provide a legal environment for comprehensive international integration. The accession to the Berne Convention is open to authors, owners of works, financial investors and services in this area of ​​Vietnam that may facilitate the transfer of copyrights of type of literary, artistic and scientific works.

Prospects for expanding investment and expanding the market of Vietnamese literary and artistic works in the convention member countries and the convention's member states in Vietnam are developed. In addition, Vietnam's cultural environment is also purified, avoiding copyright infringement, using other people's works to exploit excluded profits.

According to the Berne Convention with the principle of automatic protection, works of Vietnamese authors will be automatically protected for all countries that are parties to the Convention. But at the same time, with that benefit, it is the responsibility of protection of works by authors from over 160 Berne Union member countries. The objects are literary, artistic and scientific works that Vietnam has to protect very diverse. This is really a heavy responsibility, requiring us to seriously implement our commitment to copyright protection.

3. Achievements and obstacles when Vietnam joins the Berne Convention

Since Vietnam joined the Berne Convention, in social life, awareness of the use of literary, artistic and scientific works for profit purposes without permission of the author is a violation of the law is increasing. The authors have taken more care and initiative in protecting their creations or possessive. Organizations and associations that protect the rights of authors increasingly assert their role, effectively protect the rights in accordance with the law of the author.

However, the situation of copyright infringement is still complicated with frequent levels in most areas and in an alarming situation. The authorities have encountered many difficulties in the enforcement of copyright. The handling of violations of copyright still faces many difficulties and inadequacies. Currently, there has not been adequate attention to the copyright incentives enjoyed by Vietnam.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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