According to regulation of
current Law on intellectual property, copyright means rights of an organization
or individual to works created or owned by such organization or individual.
Copyright to a work includes moral rights and property rights. If other
organization or individual wishes to exploit, use a part or the whole of works,
they shall ask permission, pay the owner of copyright for royalties,
remuneration according to both parties’ agreement or regulation of law.
However, there are still cases of using works without having permission and/orwithout
paying the author or owner of copyright for royalties, remuneration.
Cases of
using published works without having permission, without paying for royalties,
remuneration include:
Copyright in Vietnam
-Making one copy for
scientific research or personal teaching purposes.
-Reasonable quoting from a
work in order to comment on or illustrate one’s own works, without
misrepresenting the author’s views;
-Quoting from a work in
order to write an article published in a newspaper or to use in periodical
publications, in a radio or television broadcast or in a documentary, without
misrepresenting the author’s views;
-Quoting from a work in
order to teach in school or university without misrepresenting the author’s
views and not for commercial purposes;
-Copying of a work in order
to archive in library and research purposes;
-Performing a stage work or
other art work in cultural meetings, communication or mobilization activities
without collecting fees in any form;
-Directly audio-visual
recording of a performance in order to report current news or to teach;
-Photographing or televising
shaping work, architectural, photographic, or applied art work displayed at a
public place in order to present images of such work;
-Translating a work into
braille or other languages for the blind;
-Importing copies of
another’s work for personal use.
However, it should be noted
that organization or individual using, exploiting works in above cases must
meet the conditions: not causing damage to the normal exploit of works, not
causing damage to copyright and owner of copyright; must provide information
of the author and the source and origin of the work. In addition, due to
specific characteristics of of various types of works such as architectural
works, shaping works and computer programs, cases of (i) making one copy for
scientific research or personal teaching purposes and (ii) copying of a work in
order to archive in library and research purposes, shall have permission and
pay author or owner of copyright for royalties, remuneration according to both
parties’ agreement or regulation of law.
Cases of using published
works without having permission but paying for royalties, remuneration include:
-A broadcasting organization
which uses a published work to make a broadcast which is sponsored, contains an
advertisement or which collects fees in any form shall not be required to ask
permission but must pay the owner of copyright for royalties or remuneration
from using time. Level of royalties, remuneration or other material benefits
and payment methods are agreed by parties; If the agreement can not be reached,
it shall follow regulation of Government or shall file a petition to Court
according to regulation of law;
-A broadcasting organization
which uses a published work to make a broadcast which is not sponsored, no
advertisement or which do not collect fees in any form shall not be required to
ask permission but must pay the owner of copyright for royalties or
remuneration from using time according to regulation Government;
Similarly, the use of a work
in these two cases must neither affect the normal use of such works nor cause
prejudice to the rights of the author or copyright holder, and must provide
information being the author’s name and the source and origin of the work.
Besides, in case of using published work without having to seek permission but
royalties or remuneration must be paid shall not be applied to cinematographic
works.
If the client needs any
other information, requires for further legal advice, or dispute with others on
IP matters, our Vietnam IP attorney, copyright lawyers in Vietnam at
ANT Lawyers, we will be available for service.
ANT Lawyers - a Law firm
in Vietnam with international standard, local expertise and strong
international network. We focus on customers’ needs and provide clients with a
high quality legal advice and services. For advice or service request, please
contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.
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