What is the State policy on copyright and related rights in Vietnam under the latest regulations?
- Did the Government of Vietnam issue Decree No. 17/2023/ND-CP guiding the Intellectual Property Law on copyright and related rights?
- What is the State policy on copyright and related rights in Vietnam under the new regulations?
- How is copyright for cinematographic works under Decree No. 17/2023/ND-CP implemented?
Did the Government of Vietnam issue Decree No. 17/2023/ND-CP guiding the Intellectual Property Law on copyright and related rights?
On April 26, 2023, the Government of Vietnam issued Decree No. 17/2023/ND-CP detailing a number of articles and measures to implement the Intellectual Property Law on copyright and related rights.
Decree No. 17/2023/ND-CP applies to the following entities:
- Authors, copyright holders, performers and related rights holders in accordance with the Law on Intellectual Property.
- Other organizations and individuals engaged in activities related to copyright and related rights.
- Agencies competent to perform state management of copyright and related rights.
Thus, the guiding Decree includes 07 Chapters with 116 Articles and 03 Appendices. To be specific:
- Chapter I: General provisions
- Chapter II: Copyright and related rights
- Chapter III: Limits and exceptions to copyright and related rights
- Chapter IV: Registration of copyright and related rights
- Chapter V: Collective representative organizations, consulting organizations, copyright and related rights services
- Chapter VI: Protection of copyright and related rights
- Chapter VII: Terms of Implementation
- Appendix I: Table of royalties when broadcasting works, phonograms and video recordings in case of limitation of copyright or related rights
- Appendix II: Table of royalties when using works, phonograms and video recordings in business and commercial activities in case of limitation of copyright or related rights;
- Appendix III: Includes 13 samples of documents in the field of copyright and related rights.
What is the State policy on copyright and related rights in Vietnam under the latest regulations?
What is the State policy on copyright and related rights in Vietnam under the new regulations?
Pursuant to Article 4 of Decree No. 17/2023/ND-CP stipulating as follows:
State policy on copyright and related rights in Vietnam
1. Financial support to purchase copyrights for state agencies and organizations tasked with disseminating works, performances, phonograms, video recordings and broadcasts of ideological and scientific value Education and arts serve the public interest, contribute to socio-economic development.
2. Prioritize investment in training and fostering civil servants and public employees in charge of the management and enforcement of copyright and related rights protection from central to local levels.
3. Prioritize investment, application of science and technology and digital transformation in state management of copyright and related rights protection.
4. Promote communication to raise awareness and sense of compliance with the law on copyright and related rights. Strengthen education on knowledge of copyright and related rights in schools and other educational institutions suitable to each educational level and training level.
5. Mobilize the resources of the society to invest and provide financial support for activities to encourage creativity, exploitation, transfer, promote the development of cultural industries, and improve the capacity of the copyright and related rights protection system to meet the requirements of socio-economic development and international integration.
6. Incentives for organizations, individuals and businesses that promote the development of cultural industries protected by copyright and related rights; promote the conversion of accessible formats for people with disabilities in accordance with the law, and create favorable conditions for people with disabilities to access works.
Thus, according to the new regulations, for copyright and related rights, the State has 06 policies mentioned above.
The State will prioritize investment in training and fostering civil servants and public employees in charge of the management and enforcement of copyright and related rights protection from the central to local levels.
How is copyright for cinematographic works under Decree No. 17/2023/ND-CP implemented?
In Article 10 of Decree No. 17/2023/ND-CP, there are guidelines for exercise of copyright in cinematographic works as follows:
(1) For the right to name on the cinematographic work
- Objects whose name is on the cinematographic work, named when the cinematographic work is published and used, including;
+ Screenwriter, director;
+ Cinematographers, film editors, music composers, art designers, sound, lighting, visual effects designers, cinematographers and others who perform other creative works on electrical works image; (Full names may not be given where required due to the manner in which the cinematographic work is used.)
- In case of agreement on naming of independent cinematographic works: Screenwriters and directors must not abuse their moral rights to prevent the naming or modification of works in accordance with the conditions on creation, exploitation and use of cinematographic works.
(2) Scope of banning the use of works of authors and owners
Authors and copyright holders for scripts and musical works used in cinematographic works may only prohibit acts of distorting scripts or musical works or modifying or mutilating scripts, musical works that are detrimental to their honor and reputation.
(3) The right to rent the original or a copy of the cinematographic work
Understood as the right of the copyright owner to exclusively perform or allow others to perform the lease for exploitation and use for a limited time.
Nguyễn Thị Hồng Nhung
