From January 1, 2023, the State represents the owner of copyright in Vietnam and related rights, which cases will belong to the public?
New regulations on copyright holders and related rights holders being the State?
According to Clause 12, Article 1 of the Law on Intellectual Property Amended in 2022, the owner of copyright in Vietnam and related rights is the State as follows:
- The State is the representative of copyright in Vietnam and related rights holders in the following cases:
+ Works, performances, phonograms, video recordings and broadcasts created by agencies using the state budget, ordered, assigned tasks, and bid for;
+ Works, performances, phonograms, video recordings, broadcasts transferred by copyright holders, related rights holders, co-owners of copyrights, co-owners of related rights assign copyright in Vietnam and related rights to the State;
+ Works, performances, phonograms, video recordings, broadcasts during the term of protection in which the copyright owner, related rights holders, co-owners of copyrights or co-owners are related rights holder dies without an heir; the heir refuses to receive the estate or is not entitled to the inheritance.
- The State represents the management of copyright in Vietnam and related rights in the following cases:
+ Works, performances, phonograms, video recordings, broadcasts that cannot be found or whose copyright owner, related right holder, co-owner of copyright in Vietnam cannot be identified , co-owners of related rights in accordance with this Law;
+ Works remain anonymous until the identity of the author, co-author, copyright holders and co-owners of copyrights is determined, except for the case specified in Clause 2, Article 41 of this Law.
Agencies that use the state budget to place orders, assign tasks, and bid for the creation of works, performances, phonograms, video recordings and broadcasts are the State representatives in exercising the rights of owners. copyright holders and related rights holders in the case specified at Point a, Clause 1 of this Article.
The state management agency in charge of copyright and related rights is the representative of the State to exercise the rights of copyright and related rights holders in the cases specified at Points b and c, Clause 1. and Clause 2 of this Article.
- The Government shall detail Clauses 1 and 2 of this Article; prescribe the rate schedule and method of royalties payment in the cases specified in Clauses 1 and 2 of this Article
From January 1, 2023, the State represents the owner of copyright in Vietnam and related rights, which cases will belong to the public? (Pictures from the internet)
What are the current regulations on the copyright owner being the State?
According to Article 42 of the Law on Intellectual Property 2005 (amended 2009, 2019), the copyright owner is the State as follows:
- The State is the copyright owner for the following works:
+ Anonymous works;
+ The work is still within the protection period, but the copyright owner dies without an heir, the heir refuses to receive the estate or is not entitled to the inheritance;
+ The work is transferred by the copyright owner to the State.
- The Government shall specify the use of state-owned works
What are the new rules for works belonging to the public?
According to Clause 12, Article 1 of the Intellectual Property Law amended in 2022, works belonging to the public are as follows:
"Article 43. Works, performances, phonograms, video recordings and broadcasts belong to the public
1. The work has expired the term of protection as prescribed in Clause 2, Article 27 of this Law and the performance, phonogram, video recording or broadcast program has ended the protection term as prescribed in Article 2 of this Law. 34 of this Law belongs to the public.
2. All organizations and individuals have the right to use works, performances, phonograms, video recordings and broadcasts specified in Clause 1 of this Article, but must respect the moral rights of the authors. performers specified in this Law and other relevant laws.
3. The Government shall detail the use of works, performances, phonograms, video recordings and broadcasts belonging to the public."
What are the current regulations regarding works belonging to the public?
According to Article 43 of the Intellectual Property Law 2005 (amended 2009, 2019), works belonging to the public are as follows:
"Article 43. Works belong to the public
1. Works whose protection term has expired as prescribed in Article 27 of this Law belongs to the public.
2. All organizations and individuals have the right to use the works specified in Clause 1 of this Article but must respect the moral rights of the authors specified in Article 19 of this Law.
3. The Government shall specify the use of works belonging to the public."
The revised Law on Intellectual Property of 2022 takes effect from January 1, 2023.
Lê Nguyễn Cẩm Nhung
