Cases of copyright restrictions? More acts of copyright infringement in Vietnam from 01/01/2023?
What are the acts of copyright infringement in Vietnam from 01/01/2023?
According to Clause 6, Article 1 of the Intellectual Property Law amended in 2022, the copyright infringement acts are as follows:
“Article 28. Acts of copyright infringement in Vietnam
1. Infringing upon the moral rights specified in Article 19 of this Law.
2. Infringing upon property rights specified in Article 20 of this Law.
3. Failing to perform or incompletely performing the obligations specified in Articles 25, 25a and 26 of this Law.
4. Deliberately canceling or invalidating effective technological measures taken by authors or copyright holders to protect copyright in their works in order to commit acts specified in this Article and Article 35 of this Law.
5. Manufacture, distribute, import, offer for sale, sell, promote, advertise, market, rent or possess for commercial purposes equipment, products or components, introduce or supply services when knowing or having grounds to know that such equipment, products, components or services are manufactured or used to nullify an effective technological measure protecting copyright.
6. Deliberately deleting, removing or changing rights management information without permission of the author or copyright owner when knowing or having grounds to know that the performance of such act will incite, create the possibility of ability, facilitate or conceal acts of copyright infringement as prescribed by law.
7. Intentionally distributing, importing for distribution, broadcasting, communicating or providing to the public a copy of a work when knowing or having grounds to know that rights management information has been deleted, removed, or changed without the permission of the copyright owner; knowing or having grounds to know that the performance of such acts will instigate, enable, facilitate or conceal acts of copyright infringement as prescribed by law.
8. Failing to perform or incompletely performing the provisions to be exempt from legal liability of the intermediary service provider specified in Clause 3, Article 198b of this Law.
Cases of copyright restrictions? More acts of copyright infringement in Vietnam from 01/01/2023? (Pictures from the internet)
What are the current regulations on copyright infringement?
According to Article 28 of the Law on Intellectual Property 2005 (amended and supplemented 2009, 2019) provides for acts of copyright infringement in Vietnam:
"Article 28. Acts of copyright infringement
1. Appropriating copyright to literary, artistic and scientific works.
2. Impersonate the author.
3. Publishing and distributing works without author's permission.
4. Publishing and distributing works with co-authors without permission of such co-authors.
5. Correcting, mutilating or distorting the work in any way that is prejudicial to the honor and reputation of the author.
6. Copying works without permission of authors or copyright holders, except for the cases specified at Points a and dd, Clause 1, Article 25 of this Law.
7. Making a derivative work without the permission of the author or the copyright owner to the work used to make the derivative work, except for the case specified at Point i, Clause 1, Article 25 of this Law.
8. Using the work without the permission of the copyright owner, without paying royalties, remuneration or other material benefits as prescribed by law, except for the case specified in Clause 1, Article 25 of this Law. This law.
9. Lease the work without paying royalties, remuneration and other material benefits to the author or copyright owner.
10. Duplicate, reproduce, distribute, display or otherwise communicate a work to the public via communication networks and digital means without the permission of the copyright owner.
11. Publish the work without the permission of the copyright owner.
12. Intentionally canceling or invalidating technical measures taken by copyright owners to protect copyright in their works.
13. Deliberately deleting or changing the electronic rights management information contained in the work.
14. Manufacture, assemble, transform, distribute, import, export, sell or lease equipment knowing or having grounds to know that such equipment invalidates technical measures taken by the right holder done by the author to protect the copyright of his work.
15. Making and selling works where the author's signature is forged.
16. Exporting, importing or distributing copies of works without the permission of the copyright owner."
In what cases will copyright be limited in the near future?
According to Clause 6, Article 1 of the Law on Intellectual Property as amended in 2022 as follows:
"Article 26. Copyright limitation
1. Cases of using published works that do not require permission but must pay royalties, information about the author's name and the origin and origin of the work include:
a) Broadcasting organizations use published works, works permitted by copyright owners to be fixed on phonograms and video recordings published for commercial purposes for sponsored broadcasting, advertising; report or collect money in any way without asking for permission but paying royalties to the copyright owner from the time of use. The royalty level and payment method shall be agreed upon by the parties; in case no agreement is reached, the Government's regulations shall apply.
Broadcasting organizations use published works, works that have been allowed by copyright owners to be fixed on phonograms and video recordings published for commercial purposes to broadcast without sponsorship or advertising. or do not collect money in any form without asking for permission but paying royalties to the copyright owner from the time of use in accordance with the Government's regulations;
b) If the work has been permitted by the copyright owner to be fixed on phonograms or video recordings published for commercial purposes, organizations and individuals may use these phonograms or video recordings in their activities. business, commercial does not require permission but must pay royalties to the copyright owner of that work as agreed upon from the time of use; in case no agreement is reached, the Government's regulations shall apply. The Government shall detail the business and commercial activities specified at this point.
2. The use of the work specified in Clause 1 of this Article must not conflict with the normal exploitation of the work and not unreasonably cause damage to the legitimate interests of the author or copyright owner. fake.
3. The use of works in the cases specified in Clause 1 of this Article does not apply to cinematographic works.
4. Vietnamese organizations and individuals enjoy preferential treatment accorded to developing countries to developing countries for the right to translate works from foreign languages into Vietnamese and the right to copy for teaching and research purposes not for commercial purposes according to regulations. The provisions of international treaties to which the Socialist Republic of Vietnam is a signatory shall comply with the Government's regulations.
5. Organizations and individuals wishing to exploit and use published works of Vietnamese organizations or individuals but cannot find or identify the copyright owner shall comply with regulations. government."
The revised Law on Intellectual Property of 2022 takes effect from January 1, 2023.
Lê Nguyễn Cẩm Nhung
