Vietnam: Photocopying books for study infringes copyright under the Intellectual Property Law of Vietnam? Is it acceptable to copy the syllabus with smartphone?
Do photocopy books for study infringe copyright under the Intellectual Property Law of Vietnam?
Textbooks and textbooks are among the subjects of copyright protection under Point a, Clause 1, Article 14 of the 2005 Law on Intellectual Property.
The right to copy is one of the property rights protected by law under Point c, Clause 1, Article 20 of the Law on Intellectual Property 2005. However, in order to balance the interests between the subjects, the current Intellectual Property Law also allows some acts of copying but is not considered copyright infringement. Specifically, pursuant to Article 25 of the Law on Intellectual Property 2005 (amended and supplemented in Clause 6, Article 1 of the Law on Intellectual Property 2009) stipulates:
Article 25. Cases of use of published works in which permission and payment of royalties or remunerations are not required
1. Cases of use of published works in which permission or payment of royalties or remunerations is not required include:
a/ Duplication of works for personal scientific research or leaching purpose;
b/ Reasonable recitation of works without misrepresenting the authors' views for commentary or illustrative purpose;
c/ Recitation of works without misrepresenting the authors* views in articles published in newspapers or periodicals, in radio or television broadcasts, or documentaries;
d/ Recitation of works in schools for lecturing purpose without misrepresenting the authors" views and not for commercial purpose:
c/ Reprographic reproduction of works by libraries for archival and research purpose;
f/ Performance of dramatic works or other performing-art works in mass cultural, communication or mobilization activities without collecting any charges in any form:
g/ Audiovisual recording of performances for the purpose of repotting current events or for teaching purpose;
h/ Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for the purpose of presenting images of these works:
i/ Transcription of works into Braille or characters of other languages for the blind:
j/ Importation of copies of others' works for personal use.
Accordingly, the current Intellectual Property Law does not have specific provisions that the act of copying for learning purposes falls into the case of copying without permission, without paying royalties, remuneration or not. Which only allows copying for two purposes: scientific research and teaching. That is, there is no clear legal basis for students to copy books to study.
However, in Clause 7, Article 1 of the amended Law on Intellectual Property 2022 , there are provisions as follows:
Non-infringing exceptions
1. Cases of use of published works without permission or royalties payable but information about the author's name and origin and origin of the work include:
a/ Copying a copy for scientific research and personal study and not for commercial purposes. This provision does not apply in the case of copying using a copying device;
Accordingly, the latest revised Intellectual Property Law has allowed the act of copying works for learning purposes without asking for permission or paying royalties.
This regulation is considered suitable for the actual situation when copying books and textbooks to learn is very popular. However, according to the above specific regulations, each person can only copy one copy for learning purposes not for business or purchase purposes.
The amended Intellectual Property Law 2022 comes into force on January 1, 2023.
Vietnam: Photocopying books for study infringes copyright under the Intellectual Property Law of Vietnam? Is it acceptable to copy the syllabus with smartphone?
Is it acceptable to copy the syllabus with smartphone in Vietnam?
The current Ownership Law does not have relevant provisions in this regard. However, in Clause 7, Article 1 of the Amended Law on Intellectual Property 2022 , there are additional provisions on this issue as follows:
Non-infringing exceptions
1. Cases of use of published works without permission or royalties payable but information about the author's name and origin and origin of the work include:
...
b/ To reasonably copy a part of the work using a copying device for scientific research and study of individuals and not for commercial purposes;
Thus, with this additional provision, the revised Intellectual Property Law 2022 has allowed the reproduction of works using other copying devices such as telephones. However, if copied using another copying device, only a reasonable part of the work may be copied and not for commercial purposes.
How much can a photo of a book for sale or a photo of a book posted on the Internet be subject to a fine in Vietnam?
Pursuant to Article 18 of Decree 131/2013/ND-CP (a phrase replaced by Clause 2 Article 3 of Decree 28/2017/ND-CP) stipulates as follows:
Infringement of the right to copy a work
1. A fine ranging from VND 15,000,000 to VND 35,000,000 shall be imposed for copying works without the permission of the copyright owner.
2. Remedies:
Forcibly dismantle copies of infringing works in electronic form, in the network and digital environments or forcibly destroy infringing exhibits for acts specified in Clause 1 of this Article.
In addition, in case the entity performing the act is an organization, pursuant to Clause 2 Article 2 of Decree 131/2013/ND-CP stipulates as follows:
Regulations on fine framework and authority to impose fines on individuals and organizations
...
2. The fine framework specified in Chapter II of this Decree is the fine framework applicable to individuals, except for the cases specified in Clauses 1, 2, 3 and 4, Article 5; Clause 1 and Point b Clause 2 Article 7 of this Decree. For the same violation, the fine frame for the organization is 02 times the fine frame for the individual.
Thus, the fine for violating the right to copy the work is currently prescribed a fine of VND 15,000,000 to VND 35,000,000 for individuals. For the organization this penalty is double.
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