What are the 14 types of copyright disputes in Vietnam identified under Decree No. 17/2023/ND-CP?
What are the 14 types of copyright disputes in Vietnam identified under Decree No. 17/2023/ND-CP?
Pursuant to Article 62 of Decree No. 17/2023/ND-CP, 14 types of copyright disputes are identified as follows:
(1) Disputes between individuals over copyright over literary, artistic, scientific and derivative works.
(2) Disputes between co-authors over division of co-authorship rights.
(3) Disputes between co-owners of copyright over the division of rights of co-owners when exploiting, using, or transferring one, some or all of the copyrights.
(4) Disputes between individuals and organizations about the owner of the copyright to the work.
(5) Disputes between copyright owners and authors over royalties paid to creators of works on the basis of assigned tasks or creative contracts.
(6) Disputes over the exercise of moral rights or economic rights of authors or copyright owners; co-author, co-owner of copyright.
(7) Disputes over copyright in computer programs, data collection between financial providers and material conditions that are decisive for the construction and development of computer programs, data collection with designers, computer program builders, data collectors.
(8) Disputes over copyright in cinematographic works and theatrical works between financial investors and material and technical facilities for the production of cinematographic works and theatrical works with participants creators and producers of cinematographic works, theatrical works or their disputes over royalties and other material interests.
(9) Disputes between copyright owners and users of published works without permission, without paying royalties, because the use conflicts with the normal exploitation of the work and unreasonably damage the legitimate interests of the author or copyright owner.
(10) Disputes between copyright owners and users of published works that do not require permission but must pay royalties because the user does not pay royalties or the use conflicts with the normally exploit the work and unreasonably cause damage to the legitimate interests of the author or the copyright owner.
(11) Disputes over copyright assignment contracts, copyright use right licensing contracts or disputes over copyright consulting and service contracts.
(12) Disputes arising from acts of copyright infringement.
(13) Disputes over inheritance and inheritance of economic rights specified in Article 20 and moral rights specified in Clause 3, Article 19 of the 2005 Law on Intellectual Property in Vietnam.
(14) Other disputes over copyright as prescribed by law.
What are the 14 types of copyright disputes in Vietnam identified under Decree No. 17/2023/ND-CP?
Is the copyright owner authorized to exercise copyright?
Pursuant to Article 56 of Decree No. 17/2023/ND-CP, there are provisions on protection of copyright and related rights as follows:
General provisions on copyright and related rights protection
1. Copyright owners, related rights owners directly or may authorize a collective representative organization of copyright or related rights or other organizations and individuals as prescribed by law, to exercise and protect their copyright and related rights. The authorized party is responsible for making public information so that organizations and individuals exploiting and using works, performances, phonograms, video recordings, broadcasts can reach agreement on the exploitation, use.
2. Organizations and individuals exploiting and using works, performances, phonograms, video recordings and broadcasts are obliged to contact the copyright or related rights owners or authorized parties to agree on the exploitation and use in accordance with the law on copyright and related rights.
3. Disputes over copyright and related rights shall be settled in accordance with the provisions of the law on civil proceedings or arbitration.
Thus, the protection of copyright and related rights is carried out in accordance with the above provisions.
Copyright owners, directly related rights owners or may authorize the exercise and protection of their copyrights and related rights.
When do copyright and related rights arise?
Pursuant to the provisions of Clause 1, Article 6 of the 2005 Law on Intellectual Property in Vietnam, Clause 2, Article 6 of the 2005 Law on Intellectual Property in Vietnam as follows:
Grounds for the generation and establishment of intellectual property rights
1. Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered.
2. Related rights shall arise at the moment a performance, audio and visual fixation, broadcast or satellite signal carrying coded programmes is fixed or displayed without causing loss or damage to copyright.
Thus, the time when copyright and related rights arise are determined as follows:
- Copyright: arise at the moment a work is created and fixed in a certain material form;
- Related rights: arise at the moment a performance, audio and visual fixation, broadcast or satellite signal carrying coded programmes is fixed or displayed.
Nguyễn Thị Hồng Nhung
