Vietnam: What contents must organizations acting as collective representatives of copyright and related rights disclose?
- What contents must organizations acting as collective representatives of copyright and related rights disclose according to current regulations?
- What is the organizational structure of organizations acting as collective representatives of copyright and related rights in Vietnam?
- Who are the members of organizations acting as collective representatives of copyright and related rights in Vietnam?
What contents must organizations acting as collective representatives of copyright and related rights disclose according to current regulations?
Pursuant to the provisions of Clause 1, Article 53 of Decree No. 17/2023/ND-CP and Clause 2, Article 53 of Decree No. 17/2023/ND-CP as follows:
Transparency and openness in management, administration of organizations acting as collective representatives of copyright and related rights
1. Organizations acting as collective representatives of copyright and related rights must disclose annual reports and audited annual financial statements, which contain revenues generated by licensing, amounts payable, amounts paid, amounts collected but not paid due to failure to find or contact authorizing authors, co-authors, copyright holders, copyright co-owners, related right holders, related right co-owners in accordance with Clause 5 Article 56 of the Law on Intellectual Property, amounts retained, tax amounts, fees, charges, and interests of undistributed royalties (if any) at annual conferences and on their website.
2. Organizations acting as collective representatives of copyright and related rights shall disclose the following information on their websites:
a) Name of authors, copyright holders, related right holders;
b) In case of individuals: Date of birth; year of death (if any). In case of organizations: Date of establishment; year of dissolution (if any);
c) Name of works, name of subjects of related rights (performances, audio recordings, video recordings; broadcasting programs);
d) Contents of the works, performances, audio recordings, video recordings, broadcasting programs;
dd) Scope of authorization; effect of authorizing contracts;
e) Licensing, collecting, and distributing of royalties;
g) Operation of organizations acting as collective representative of copyright, related rights;
h) Other relevant information.
Thus, organizations acting as collective representatives of copyright and related rights must disclose the contents according to the above provisions.
Vietnam: What contents must organizations acting as collective representatives of copyright and related rights disclose?
What is the organizational structure of organizations acting as collective representatives of copyright and related rights in Vietnam?
Pursuant to the provisions of Clause 1, Article 56 of the 2005 Law on Intellectual Property in Vietnam as amended by Clause 18, Article 1 of the 2022 Law on Amendments to Law on Intellectual Property in Vietnam, an organization acting as the collective representative of copyright or related rights is established and operated by the following subjects:
- Authors;
- Copyright owners;
- Related right owners.
Thus, the organizational structure of organizations acting as the collective representative of copyright or related rights is specified in Article 51 of Decree No. 17/2023/ND-CP as follows:
Composition of organizations acting as collective representatives of copyright and related rights
1. Organizations acting as collective representatives of copyright and related rights must hold meetings and annual conferences.
2. Meetings shall cover:
a) Change to name of organizations; amendments to their charters (if any);
b) Change to persons holding leading, managerial, control positions of the organizations;
c) Other information in accordance with relevant law provisions and charters of the organizations.
3. Annual conferences shall cover:
a) Revision to operating regulations of the organizations if the regulations are not revised by charters;
b) Reports on fulfillment of obligations of members, approval of salaries and other benefits of members holding leading, managerial, and control positions of the organizations;
c) Reports on operation and financial statement of the organizations;
d) Decision on percentage of royalties retained in accordance with Clause 4 Article 48 hereof;
dd) Approval of Regulations on royalty collection and distribution;
e) Other information in accordance with relevant law provisions and charters of the organizations.
4. Members holding leading, managerial, control positions of organizations must include authorizing members.
Thus, according to the above provisions, the organization acting as the collective representative of copyright or related rights must hold meetings and annual conferences to decide on the contents related to the representative organization.
Who are the members of organizations acting as collective representatives of copyright and related rights in Vietnam?
Pursuant to Article 52 of Decree No. 17/2023/ND-CP as follows:
Members of organizations acting as collective representatives of copyright and related rights
1. Members of organizations acting as collective representatives of copyright and related rights include:
a) Authorizing members that are organizations or individuals owning one or many property rights mentioned under Clause 1 Article 20, Clause 3 Article 29, Clause 1 Article 30, or Clause 1 Article 31 of the Law on Intellectual Property that authorize organizations acting as collective representative of copyright and related rights in writing to manage their property rights for the purpose of conducting activities according to Clause 2 Article 56 of the Law on Intellectual Property;
b) Other members as per the law.
2. Authorizing members have the right to participate and cast votes in meetings and annual conferences, or authorize other organizations and individuals to participate and cast votes as per the law.
3. Votes in meetings and annual conferences of authorizing members shall be counted depending on percentage of works, fixed performances, audio recordings, video recordings, fixed broadcasting programs, and royalties authorized to organizations acting as collective representatives of copyright and related rights by the members.
Thus, according to the above provisions, organizations acting as collective representatives of copyright and related rights include:
- Authorizing members;
- Other members.
Nguyễn Thị Hồng Nhung
