What is a posthumous work? How long is the term of copyright protection for posthumous works in Vietnam?
Vietnam: What is a posthumous work?
Pursuant to Decree 17/2023/ND-CP detailing a number of articles and measures to implement the Intellectual Property Law on copyright and related rights.
In Clause 1, Article 3 of Decree 17/2023/ND-CP, a posthumous work is defined as follows:
“Posthumous works” means those first published after their authors’ death.
Accordingly, it can be understood that a posthumous work is a creative product in the fields of literature, art and science expressed by any means or form that is published for the first time after the author's death.
What is a posthumous work? How long is the term of copyright protection for posthumous works in Vietnam?
How long is the term of copyright protection for posthumous works in Vietnam?
Pursuant to Article 17 of Decree 17/2023/ND-CP as follows:
Term of copyright protection for posthumous works
The term of copyright protection for posthumous works shall comply with the provisions of Article 27 of the Intellectual Property Law.
Accordingly, the reference to Article 27 of the Law on Intellectual property 2005 as amended by Clause 8, Article 1 of the Law amending and supplementing a number of articles of the Law on intellectual property 2009 is as follows:
Term of copyright protection
1. Moral rights specified in Clauses 1, 2 and 4, Article 19 of this Law are protected indefinitely.
2. Moral rights specified in Clause 3, Article 19 and property rights specified in Article 20 of this Law have the following term of protection:
a) Cinematographic, photographic, applied art and anonymous works have a term of protection of seventy-five years from the time the work is first published; for cinematographic, photographic or applied art works that have not been published within twenty-five years from the time the work is fixed, the term of protection is one hundred years from the time the work is published; for anonymous works, when information about the author appears, the term of protection shall be calculated according to the provisions of point b of this clause;
b) Works that do not fall into the category specified at Point a of this Clause have the term of protection for the entire life of the author and for fifty years following the year of the author's death; in the case of a work with co-authors, the term of protection shall terminate in the fiftieth year after the year of death of the last co-author;
c) The term of protection specified at Points a and b of this Clause ends at 24 o'clock on December 31 of the year in which the copyright protection term expires.
Thus, according to the above provisions, the term of copyright protection for posthumous works is determined as follows:
- Elements protected indefinitely include:
+ The name of the work;
+ The real name or pseudonym of the author;
+ The integrity of the work;
- In case of limited protection:
(1) For cinematographic, photographic and applied art works:
+ The term of protection is 75 years from the first publication.
+ If the work has not been published after 25 years from the time it was created, the term of protection is 100 years from the time the work is created.
+ If it is an anonymous work, when information about the author is available, the work is protected for the life of the author and an additional 50 years from the time of the author's death.
(2) For other works:
+ The term of protection is for the life of the author and for 50 years following the year of the author's death;
+ In the case of a work with a co-author, the term of protection ends in the 50th year after the year the last co-author dies.
What is the State's policy on copyright and related rights for posthumous works in Vietnam?
Pursuant to Article 4 of Decree 17/2023/ND-CP has the following provisions:
State policy on copyright and related rights
1. Financial support to purchase copyrights for state agencies and organizations tasked with disseminating works, performances, phonograms, video recordings and broadcasts of ideological and scientific value Education and arts serve the public interest, contribute to socio-economic development.
2. Prioritize investment in training and fostering civil servants and public employees in charge of the management and enforcement of copyright and related rights protection from central to local levels.
3. Prioritize investment, application of science and technology and digital transformation in state management of copyright and related rights protection.
4. Promote communication to raise awareness and sense of compliance with the law on copyright and related rights. Strengthen education on knowledge of copyright and related rights in schools and other educational institutions suitable to each educational level and training level.
5. Mobilize the resources of the society to invest and provide financial support for activities to encourage creativity, exploitation, transfer, promote the development of cultural industries, and improve the capacity of the security system. protect copyright and related rights, meet the requirements of socio-economic development and international integration.
6. Incentives for organizations, individuals and businesses that promote the development of cultural industries protected by copyright and related rights; promote the conversion of accessible formats for people with disabilities in accordance with the law, and create favorable conditions for people with disabilities to access works.
Thus, according to the new regulations, for copyright and related rights, the State has 06 policies mentioned above.
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