What is the application form for approval for copyright exceptions applied to persons with disabilities in Vietnam?
What is the current application form for approval for copyright exceptions applied to persons with disabilities in Vietnam?
The application form for approval for copyright exceptions applied to persons with disabilities is currently applied according to Form No. 03 in Appendix III issued together with Decree No. 17/2023/ND-CP.
Download application form for approval for copyright exceptions applied to persons with disabilities: Click here.
What is the application form for approval for copyright exceptions applied to persons with disabilities in Vietnam?
Who are copyright exceptions applied to persons with disabilities in Vietnam?
Pursuant to the provisions of Point m, Clause 1, Article 25 of the 2005 Law on Intellectual Property in Vietnam as amended and supplemented by Clause 7 Article 1 of the 2022 Law on Amendments to Law on Intellectual Property, a person who has visual impairment or any impairment that render him/her unable to read printed text or read the work in a conventional way falls under one of the copyright exceptions.
Specifically, Clause 1, Article 30 of Decree No. 17/2023/ND-CP guides the identification of subjects with disabilities who are exempted from copyright infringement as follows:
Copyright exceptions applied to persons with disabilities
1. Persons with disabilities specified under Point m Clause 1 Article 25 and Article 25a of the Law on Intellectual Property and this Article include:
a) Persons having visual impairment;
b) Persons with disabilities that render him/her unable to read printed materials or otherwise read the works in a conventional manner are construed as: Persons suffering from reduction or loss of awareness or the ability to read which cannot be improved thereby causing them to be unable to read printed works like a regular person or persons with disabilities who are unable to hold or use books or similar printed works or move their eyes to read at a regular level.
Thus, according to regulations, person with disabilities in the above cases are entitled to copy, perform, and transmit works without being considered as infringing copyright.
What are the regulations on the current copyright exceptions applied to disabled persons?
Pursuant to the provisions of Article 25a of the 2005 Law on Intellectual Property in Vietnam as amended and supplemented by Clause 7, Article 1 of the 2022 Law on Amendments to Law on Intellectual Property as follows:
Copyright exceptions applied to disabled persons
1. The disabled person and his/her carer may reproduce, perform, communicate the work in the form of an accessible copy when he/she has lawful access to the original work or copy thereof. Accessible copies are copies that are accessible to disabled persons. Accessible copy may only be used for personal purposes of the disabled persons and may have appropriate technical adjustments in order for them to be accessible to disabled persons.
2. Organizations that satisfy the conditions of the Government are entitled to reproduce, distribute, perform, communicate works in the form of accessible copies when they have lawful access to the original work or copy thereof work and operate for non-commercial purposes.
3. Organizations that satisfy the conditions of the Government are entitled to distribute or communicate accessible copies of works to counterparts in accordance with international treaties to which the Socialist Republic of Vietnam is a signatory without consent of the copyright owners.
4. Organizations that satisfy the conditions of the Government are entitled to distribute or communicate accessible copies of works to disabled persons overseas in accordance with international treaties to which the Socialist Republic of Vietnam is a signatory without consent of the copyright owner, provided before the distribution or communication, the organization does not know or has reasons to know that these accessible copies will be used for other subjects other than disabled persons.
5. Disabled persons, their carers or organizations that satisfy the conditions of the Government are entitled to import accessible copies of works from counterparts in accordance with international treaties to which the Socialist Republic of Vietnam is a signatory in the interest of disable persons without consent of the copyright owners.
6. The Government of Vietnam shall elaborate this Article.
Thus, at present, there are 05 copyright exceptions applied to disabled persons according to the above provisions.
Nguyễn Thị Hồng Nhung
