How to implement copyright in cinematographic works in Vietnam under Decree No. 17/2023/ND-CP?
What is cinematographic work and copyright?
Pursuant to the provisions of Article 14 of the 2005 Law on Intellectual Property in Vietnam as amended by Clause 5, Article 1 of the 2009 Law amending and supplementing a number of articles of the Law on Intellectual Property, cinematographic works are identified as one of the types of works protected by copyright.
According to that, in Clause 6, Article 6 of Decree No. 17/2023/ND-CP, there are guidelines on cinematographic works as follows:
Types of works protected by copyright
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6. Cinematographic works and works created by the similar method specified at Point e, Clause 1, Article 14 of the Intellectual Property Law 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.
According to the above provisions, cinematographic work is understood as a work created and expressed by consecutive moving images or images, with sound (or without sound) and other effects.
Regarding copyright, based on Clause 2, Article 4 of the 2005 Law on Intellectual Property in Vietnam, as amended and supplemented by Clause 2, Article 1 of the 2009 Law amending and supplementing a number of articles of the Law on Intellectual Property, it can be understood that copyright is an intellectual property right. Copyright is the right of an organization or individual to the creative works they create or own. Creative work can be expressed in any medium or form.
How to implement copyright in cinematographic works in Vietnam under Decree No. 17/2023/ND-CP?
What are the current regulations on the copyright in cinematographic works in Vietnam?
Currently, copyright in cinematographic works is specified in Clause 1, Article 21 of the 2005 Law on Intellectual Property in Vietnam as amended and supplemented by Clause 5, Article 1 of the 2022 Law on amendments to some of articles of the Law on Intellectual Property as follows:
Copyright in cinematographic works and theatrical works
1. Copyright in cinematographic works:
a) Screenwriters and directors have the rights specified in Clauses 1, 2 and 4 Article 19 of this Law;
b) Persons who work as cameramen; music composers; art designers; sound, lighting, effect designers, actors and actresses, and persons who perform other creative tasks in the making of cinematographic works shall have the rights stipulated in Clause 2 Article 19 of this Law;
c) Organizations and individuals that invest finance or material and technical facilities in the production of cinematographic works shall be holders of the rights stipulated in Clause 3 Article 19 and Clause 1 Article 20 of this Law, unless otherwise agreed in writing; have the obligations to pay royalties and other material benefits (if any) under contracts to the persons specified in Point a and Point b of this Clause;
d) Organizations and individuals that invest finance or material and technical facilities in the production of cinematographic works may negotiate with the persons mentioned in Point a of this Clause about naming and editing the works;
dd) In case the script or a musical work in a cinematographic work is used independently, the author or copyright owner of the script or musical work will have independent copyright on such script or musical work, unless otherwise agreed in writing.
Thus, copyright in cinematographic works shall comply with the above provisions.
In case a cinematographic work is used independently, the author or copyright owner will have independent copyright on such work, unless otherwise agreed in writing.
How to implement copyright in cinematographic works in Vietnam under Decree No. 17/2023/ND-CP?
In Article 10 of Decree No. 17/2023/ND-CP, copyright in cinematographic works is guided 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, 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 suitable to 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 of 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
It is understood as the right of the copyright owner to have the exclusive right to perform or allow others to perform the lease for exploitation and use for a limited time.
Nguyễn Thị Hồng Nhung
