Vietnam: In 2024, what are the fees for registration of copyright and copyright-related rights? What are the regulations on the terms of copyright and copyright-related rights protection?
- In 2024, what are the fees for registration of copyright and copyright-related rights in Vietnam?
- What are the regulations on the terms of copyright and copyright-related rights protection in Vietnam?
- What are the types of works eligible for copyright protection and subject matters of related rights eligible for protection in Vietnam?
In 2024, what are the fees for registration of copyright and copyright-related rights in Vietnam?
Current fees for registration of copyright and copyright-related rights in Vietnam still comply with regulations in Circular 211/2016/TT-BTC stipulating the fees for processing applications for registration of copyright and copyright-related rights, the collection, transfer, and management thereof.
Accordingly, in 2024, the fees for registration of copyright and copyright-related rights in Vietnam are specified as follows:
Fees for registration of copyright
Fees for registration of copyright and copyright-related rights
What are the regulations on the terms of copyright and copyright-related rights protection in Vietnam?
The term of copyright protection in Vietnam is specified in Article 27 of the Intellectual Property Law 2005, amended and supplemented by Clause 8, Article 1 of the 2009 Law on Amendments to Intellectual Property Law as follows:
- The moral rights provided for in Clauses 1, 2 and 4, Article 19 of Intellectual Property Law 2005 shall be protected for an indefinite term.
- The moral rights provided for in Clause 3, Article 19 and the economic rights provided for in Article 20 of Intellectual Property Law 2005 enjoy the following term of protection:
(1) Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of seventy-five years from the date of first publication. For cinematographic works, photographic works and works of applied art that remain unpublished within twenty-five years from the date of fixation, the term of protection is one hundred years from the date of fixation. For anonymous works, when information on their authors is published, the term of protection will be calculated under (2).
(2) A work not specified at (1) is protected for the whole life of the author and for fifty years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author;
- The term of protection specified at (1) and (2) expires at 24:00 hrs of December 31 of the year of expiration of the copyright protection term
The term of copyright-related rights protection is specified in Article 34 of the Intellectual Property Law 2005 as follows:
(1) The rights of performers shall be protected for fifty (50) years calculated from the year following the year of formulation [into a fixed form] of a performance.
(2) The rights of producers of audio and visual fixation shall be protected for fifty (50) years calculated from the year following the year of publication, or fifty (50) years calculated from the year following the year of formulation of any unpublished audio and visual fixation.
(3) The rights of broadcasting organizations shall be protected for fifty (50) years calculated from the year following the year of the making of a broadcast.
- The terms of protection stipulated in (1), (2), and (3) shall expire at 24:00 hrs on 31 December of the year of expiration of the term of protection of the related rights.
What are the types of works eligible for copyright protection and subject matters of related rights eligible for protection in Vietnam?
Types of works eligible for copyright protection are specified in Article 14 of the Intellectual Property Law 2005 amended by Clause 5, Article 1 of the 2009 Law on Amendments to Intellectual Property Law as follows:
(1) Literary, artistic, and scientific works eligible for copyright protection include:
- Literary and scientific works, textbooks, teaching courses and other works expressed in written languages or other characters:
- Lectures, addresses and other sermons;
- Pressworks;
- Musical works;
- Dramatic works;
- Cinematographic works and works created by a process analogous to cinematography (below collectively referred to as cinematographic works);
- Plastic-art works and works of applied ait;
- Photographic works;
- Architectural works;
- Sketches, plans, maps, and drawings related to topography, architecture or scientific works:
- Folklore and folk artworks of folk culture;
- Computer programs and data compilations.
(2) Derivative works shall be protected under (1) only if it is not prejudicial to the copyright to works used to create these derivative works.
- Protected works defined in (1) and (2) must be created personally by authors through their intellectual labor without copying others" works.
The subject matters of related rights eligible for protection are specified in Article 17 of the Intellectual Property Law 2005:
(1) Subject matter of related rights eligible for protection
(1) Performances shall be protected if they fall into one of the following categories:
- They are made by Vietnamese citizens in Vietnam or abroad;
- They are made by foreigners in Vietnam;
- They are fixed on audio and visual fixation and protected under the provisions of Article 30 of Intellectual Property Law 2005;
- They have not yet been fixed on audio and visual fixation but have already been broadcast and are protected under the provisions of article 31 of Intellectual Property Law 2005;
- They are protected under an international treaty of which the Socialist Republic of Vietnam is a member.
(2) Audio and visual fixation shall be protected if it falls into one of the following categories:
- It belongs to audio and visual fixation producers bearing Vietnamese nationality;
- It belongs to audio and visual fixation producers protected under an international treaty of which the Socialist Republic of Vietnam is a member.
(3) Broadcasts and satellite signals carrying coded programs shall be protected if they fall into one of the following categories:
- They belong to broadcasting organizations bearing Vietnamese nationality;
- They belong to broadcasting organizations protected under an international treaty of which the Socialist Republic of Vietnam is a member.
Note: Performances, audio and visual fixation, broadcasts and satellite signals carrying coded programs shall only be protected under the provisions of (1), (2), and (3) on the condition that they are not prejudicial to copyright.
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