What types of works are protected by copyright in Vietnam? Which subjects are not protected by copyright?
What types of works are protected by copyright in Vietnam?
Pursuant to Article 6 of Decree No. 17/2023/ND-CP stipulating the types of works protected by copyright as follows:
Types of works protected by copyright
1. Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters specified at Point a, Clause 1, Article 14 of the Law on Intellectual Property:
a) Literary, scientific and other works expressed in written form, including: novels, medium stories, short stories; autographs, memoirs, essays, memoirs; poetry, poetry; script; cultural, literary, artistic, scientific and other research works;
b) Textbooks are published works that specify the requirements of the general education program; approved by the Minister of Education and Training and allowed to be used as official teaching materials in general education institutions;
c) Teaching courses are the main teaching, learning and research document with contents suitable to the training and retraining program approved and selected by the head of the higher education institution or vocational education institution or approved by a competent state management agency in accordance with law;
d) Works presented in other characters are works presented in Braille for the visually impaired, shorthand symbols and similar symbols instead of written words that accessible individuals and organizations can be understood and copied in many different forms.
2. Lectures, addresses and other speeches specified at Point b, Clause 1, Article 14 of the Law on Intellectual Property in Vietnam are works expressed in spoken language and must be fixed in a certain material form.
3. The press work specified at Point c, Clause 1, Article 14 of the Law on Intellectual Property in Vietnam is a work with independent content and complete structure, including the following genres: reportage, quick recording, narrative, interviews, reflections, investigations, commentaries, editorials, treatises, press signings and other press forms for publication or distribution in print, audio, video, electronic or other media. .
4. Musical works specified at Point d, Clause 1, Article 14 of the Law on Intellectual Property in Vietnam are works expressed in the form of musical notes or other musical characters regardless of performance. Shows.
5. Stage works specified at Point dd, Clause 1, Article 14 of the Law on Intellectual Property in Vietnam are works of the performing arts, including: cheo, tuong, cai luong, dance, puppetry, and contemporary dance. , ballet, drama, opera, folk drama, physical drama, musicals, circus, comedy, variety and other performing arts.
6. Cinematographic works and works created by a process analogous to cinematography specified at Point e, Clause 1, Article 14 of the Law on Intellectual Property in Vietnam are works whose contents are expressed by consecutive animations or images created by technical equipment or technologies; with or without sound and other effects according to the principles of cinematic language. Still image taken from a cinematographic work that is part of that cinematographic work.
Cinematographic works do not include video recordings for the purpose of disseminating news on radio, television and cyberspace services; art shows, video games; a video recording of the activity of one or more people, depicting actual events, situations or programmes.
7. Plastic art works specified at Point g, Clause 1, Article 14 of the Law on Intellectual Property in Vietnam are works represented by lines, colors, shapes and layouts, including:
a) Painting: Lacquer painting, oil painting, silk, gouache, watercolor, dó paper and other materials;
b) Graphics: Wood carving, metal engraving, rubber engraving, plaster engraving, monolithic printing, stone printing, mesh printing, posters, graphic design and other materials;
c) Sculpture: Statues, monuments, reliefs, monuments, symbol blocks;
d) Installation art and other forms of contemporary art expression.
Paintings, sculptures, installations and other contemporary art forms exist as originals. Graphic works can be displayed up to the 50th edition, numbered and signed by the author.
8. Applied art works specified at Point g, Clause 1, Article 14 of the Law on Intellectual Property in Vietnam are works represented by lines, colors, shapes and layouts with useful features, which can be associated with a useful object, produced manually or industrially, including: Graphic design (expression of logos, product identifiers and packaging; representation of characters); Fashion Designer; artistic design associated with product shaping; interior design, interior decoration, exterior art. Works of applied art presented in the form of artistic product poses, cannot be created easily for people with average knowledge in the respective field, and do not include external posing of the product is required to perform the function of the product.
9. A photographic work specified at Point h, Clause 1, Article 14 of the Law on Intellectual Property in Vietnam means a work that presents an image of the objective world on a light-catching material or on a medium on which the image is created, or has may be produced by chemical, electronic or other technical methods. Photographic work may or may not be captioned.
10. Architectural works specified at Point i, Clause 1, Article 14 of the Law on Intellectual Property in Vietnam are architectural works, including:
a) Architectural design drawings of works or combinations of works, interiors and landscapes;
b) Architectural works.
11. Sketches, plans, maps and drawings related to topography or scientific works specified at Point k, Clause 1, Article 14 of the Law on Intellectual Property in Vietnam, including graphics, diagrams, maps, and drawings related to topography, scientific and architectural works.
12. Folklore and folk art works specified at Point l, Clause 1, Article 14 and Clause 1, Article 23 of the Law on Intellectual Property in Vietnam, including:
a) Folklore and folk art works specified at Point a, Clause 1, Article 23 of the Law on Intellectual Property in Vietnam are verbal art forms;
b) Folklore and folk art works specified at Points b and c, Clause 1, Article 23 of the Law on Intellectual Property in Vietnam are performing arts such as cheo, tuong, cai luong, puppetry, songs, folk songs, music tunes; dances, folk dances, plays, folk games, folk festivals, village festivals, and other forms of folk rituals.
Thus, the 12 types of works mentioned above are those that are protected by copyright.
What types of works are protected by copyright in Vietnam? Which subjects are not protected by copyright?
Which subjects are not protected by copyright?
Pursuant to Article 8 of Decree No. 17/2023/ND-CP stipulating as follows:
Subjects not covered by copyright protection
1. News that is purely news reporting specified in Clause 1, Article 15 of the Law on Intellectual Property in Vietnam means daily short press information, classified news, and facts, for reporting purposes only, without creativity.
2. Administrative documents specified in Clause 2, Article 15 of the Intellectual Property Law include documents of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations and units of the people's armed forces.
3. The process, system, method of operation, concepts, principles and data specified in Clause 3, Article 15 of the Law on Intellectual Property in Vietnam are construed as follows:
a) Procedure is the sequence to be followed to carry out work;
b) A system is a collection of many elements, units of the same type or function, closely related or related to each other, forming a unified whole;
c) Method is a way of studying and recognizing phenomena of nature and social life;
d) Concept is a thought that reflects in a general form the things and phenomena of reality and the relationships between them;
dd) A principle is a fundamental law of general nature, governing a series of phenomena, is an important initial idea or theory and is considered a starting point for the construction of other theories.
Thus, the cases specified above are subjects not covered by copyright protection.
Which agency is responsible for granting, re-granting, renewing or invalidating a copyright registration certificate in Vietnam?
According to the provisions of Point i, Clause 2, Article 5 of Decree No. 17/2023/ND-CP, the grant, re-grant, renewal or invalidation of a copyright registration certificate in Vietnam is the responsibility of the Ministry of Culture, Sports and Tourism.
Nguyễn Thị Hồng Nhung
