Vietnam: The exception of non-infringement of copyright for people with disabilities to be added in Law Supplementing a Number of Articles of the Law on Intellectual Property 2022?
What are the exceptions to non-infringement of copyright for people with disabilities in Vietnam?
According to Clause 7, Article 1 of Law Supplementing a Number of Articles of the Law on Intellectual Property 2022, Article 25a of the Law on Intellectual Property 2005 is added as follows:
"Article 25a. Cases when published works may be used without having to seek permission or pay royalties or remuneration for persons with disabilities
1. Persons with disabilities, caregivers and caregivers of persons with disabilities have the right to copy, perform, or transmit works in an accessible copy format when they have legal access to the original or copy of the work. A copy in an accessible format is a copy of a work rendered in an alternative format or format for persons with disabilities; may only be used for personal use by persons with disabilities and may be subject to appropriate technical adjustments necessary to enable persons with disabilities to access the work.
2. An organization that meets the conditions prescribed by the Government has the right to copy, distribute, perform or transmit the work in the format of an accessible copy of the work when it has lawful access to the original or copy works and operate for non-profit purposes.
3. An organization that meets the conditions prescribed by the Government has the right to distribute or communicate copies in an accessible format of the work to the respective organization in accordance with the international treaties to which the Socialist Republic of The Socialist Republic of Vietnam is a member without the permission of the copyright holder.
4. Organizations that meet the conditions prescribed by the Government have the right to distribute or communicate copies in an accessible format to people with disabilities abroad in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is concerned. Socialist Republic of Vietnam is a member without the permission of the copyright owner provided that, prior to distribution or transmission, the organization does not know or has no basis to know the copy under the copyright. This accessible format will be used by anyone other than people with disabilities.
5. Persons with disabilities or those who nurture or care for people with disabilities or organizations that meet the conditions prescribed by the Government have the right to import an accessible format copy of the work from the respective organization in accordance with the law provided for in international treaties to which the Socialist Republic of Vietnam is a contracting party for the benefit of people with disabilities without the permission of the copyright holders.
6. The Government shall detail this Article."
Vietnam: The exception of non-infringement of copyright for people with disabilities to be added in Law Supplementing a Number of Articles of the Law on Intellectual Property 2022? (Image from the internet)
What are the rights and obligations of people with disabilities in Vietnam?
According to Article 4 of the Law on Persons with Disabilities 2010 stipulates as follows:
- Persons with disabilities are guaranteed the following rights:
+ To participate on an equal basis in social activities;
+ To live independently and integrate into the community;
+ To enjoy exemption from or reduction of certain contributions to social activities;
+ To be provided with healthcare, functional rehabilitation, education, vocational training, employment, legal assistance, access to public facilities, means of transport, information technology and cultural, sports, tourist and other services suitable to their forms and degrees of disability;
+ Other rights provided by law.
- Persons with disabilities shall perform civic obligations under law.
What are the state policies towards persons with disabilities in Vietnam?
According to Article 5 of the Law on Persons with Disabilities 2010 stipulates as follows:
- Annually, the State shall allocate budget funds for the implementation of policies on persons with disabilities.
- Prevention and minimization of congenital disabilities, disabilities caused by injury or disease and other dangers of disability.
- Social relief; support for persons with disabilities in healthcare, education, vocational training, employment, culture, sports, entertainment, access to public facilities and information technology, participation in transport; prioritized implementation of social relief policies and support for children and elderly persons with disabilities.
- Incorporation of policies on persons with disabilities into socio-economic development policies.
- Creation of conditions for persons with disabilities to have orthopedic operations and functional rehabilitation; to surmount difficulties, live independently and integrate into the community.
- Training and retraining of counselors and caretakers for persons with disabilities.
- Encouragement of assistance activities for persons with disabilities.
- Creation of conditions for the operation of organizations of persons with disabilities and organizations for persons with disabilities.
- Commendation of agencies, organizations and individuals that make achievements and contributions in assisting persons with disabilities.
- Strict punishment of agencies, organizations or individuals that violate this Law and relevant laws.
Thus, to create favorable conditions to overcome difficulties, live independently and integrate into the community, Law Supplementing a Number of Articles of the Law on Intellectual Property 2022 adds exceptions for non-copyright infringement for people with disabilities.
The Law Supplementing a Number of Articles of the Law on Intellectual Property 2022 takes effect from January 1, 2023.
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