Adding more regulations on the right to commercial rental of originals and copies of performances of performers in Vietnam from January 1, 2023?
How are performers in Vietnam regulated?
According to Clause 1, Article 16 of the 2005 Intellectual Property Law, the performers in Vietnam are as follows:
- Actors, singers, musicians, dancers and others presenting literary and artistic works (hereinafter collectively referred to as performers).
How to add more provisions on the rights of performers in Vietnam?
According to Clause 9, Article 1 of the Law on Intellectual Property Amended in 2022, Article 29 of the Law on Intellectual Property 2005 shall be amended and supplemented as follows:
- Performers in Vietnam have moral rights and property rights to the performance in accordance with this Law.
+ In case the performer is not concurrently the right holder to the performance, the performer is entitled to the moral rights specified in Clause 2 of this Article; The owner of the right to the performance is entitled to the property rights specified in Clause 3 of this Article.
- Personal rights include:
+ To be introduced by name when performing, when releasing phonograms, video recordings or broadcasting performances;
+ Protect the integrity of the performance image from being misrepresented by others; not allow others to modify, mutilate in any way that is detrimental to the honor and reputation of the performer.
Property rights include the exclusive right to exercise or permit other organizations or individuals to exercise the following rights:
+ Shaping your live performance on audio or video recordings;
+ Directly or indirectly reproduce all or part of his performance fixed on phonograms or video recordings by any means or form, except for the case specified at Point a, Clause 5 of this Article. this;
+ Broadcasting and communicating to the public his unfixed performance in a way accessible to the public, except where such performance is for broadcasting purposes;
+ Distributing or importing for distribution to the public through sale or other form of transfer of ownership rights to the original or copy of their performance fixation in tangible form, except for the case specified in Clause 1 of this Article. Point b, Clause 5 of this Article;
+ Commercial rental to the public the original, a copy of his performance fixed in phonograms, video recordings, even after being distributed by the performer or with the performer's permission ;
Broadcasting and communicating to the public a fixation of their performance, including making it available to the public in a manner accessible to the public at the place and time set by them option.
- Organizations and individuals, when exploiting and using one, several or all of the rights specified in Clause 3 of this Article, must obtain the permission of the right holder for the performance and pay royalties, other material benefits (if any) to the owner of the right to the performance as prescribed by law or as agreed in case the law does not provide for it, except for the case specified in Clause 5 of this Article. articles 25, 25a, 26, 32 and 33 of this Law.
- The owner of the right to the performance has no right to prevent other organizations or individuals from performing the following acts:
+ Copy the performance only to exercise other rights as provided for in this Law; temporary copying according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or lawful use of their already fixed performance on phonograms, video recordings, which have no independent economic purpose and whose copies are automatically deleted and cannot be restored;
+ Subsequent distribution, import for distribution of the original, a copy of the fixation of the performance, which has been performed or authorized by the right holder to perform the distribution
Adding more regulations on the right to commercial rental of originals and copies of performances of performers in Vietnam from January 1, 2023? (Pictures from the internet)
What are the current regulations on performer's rights?
According to Article 29 of the 2005 Intellectual Property Law, it is stipulated as follows:
"Article 29. Rights of performers
1. A performer who is also an investor shall have personal rights and property rights to the performance; in case the performer is not concurrently the investor, the performer has moral rights and the investor has property rights to the performance.
2. Moral rights include the following rights:
a) To be introduced by name when performing, when releasing phonograms, video recordings or broadcasting performances;
b) Protect the integrity of the performance image, prevent others from modifying, mutilating or distorting in any way which is detrimental to the honor and reputation of the performer.
3. Property rights include the exclusive right to exercise or permit others to exercise the following rights:
a) Fixing their live performance on audio or video recordings;
b) Directly or indirectly reproduce their performance fixed on phonograms or video recordings;
c) broadcast or otherwise transmit to the public their unfixed performance accessible to the public, except where such performance is for broadcasting purposes;
d) Distributing to the public originals and copies of their performances through sale, rental or distribution by any technical means accessible to the public.
4. Organizations and individuals exploiting and using the rights specified in Clause 3 of this Article must pay remunerations to performers according to the provisions of law or as agreed upon in cases not provided for by law."
Thus, the revised Intellectual Property Law in 2022 adds many provisions on the rights of performers.
The revised Law on Intellectual Property of 2022 takes effect from January 1, 2023.
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