What is the rate of distribution of royalties for works, phonograms and video recordings in Vietnam according to the latest regulations?
- What is the rate of distribution of royalties for works, phonograms and video recordings in Vietnam according to Decree 17/2023/ND-CP?
- What are the principles for determination and distribution of royalties in Vietnam?
- What is the State policy on copyright and related rights in Vietnam under the new regulations?
What is the rate of distribution of royalties for works, phonograms and video recordings in Vietnam according to Decree 17/2023/ND-CP?
Clause 3, Article 34 of Decree 17/2023/ND-CP has the following provisions:
Use works, sound recordings, video recordings in case of limitation of copyright or related rights
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3. The division of royalties in the case of phonograms and video recordings used according to the provisions of Clause 1, Article 26 and Clause 1, Article 33 of the Intellectual Property Law shall comply with the agreement of the right holders. authors, performers, and related rights holders to such phonograms or video recordings. In case no agreement is reached, the division shall be divided according to the following proportions: Copyright holders shall enjoy 50%, performers shall enjoy 25%, and related rights holders to phonograms and video recordings shall enjoy 25% of the total royalties collected.
Thus, according to the above provisions, royalties for works, phonograms and video recordings in business and commercial activities in case of limitation of copyright or related rights shall be divided to the owner. copyrights, performers and related rights holders to such phonograms or video recordings.
The proportion of royalties distribution is determined on the basis of the agreement. In case no agreement is reached, the ratio shall be determined as follows:
- Copyright owners: receive 50% of the total royalties collected;
- Performers: enjoy 25% of the total royalties collected;
- Owners of related rights to phonograms and video recordings: enjoy 25% of the total royalties collected.
What is the rate of distribution of royalties for works, phonograms and video recordings in Vietnam according to Decree 17/2023/ND-CP? (Image from the Internet)
What are the principles for determination and distribution of royalties in Vietnam?
Pursuant to the provisions of Article 44a of the Law on Intellectual property 2005, which is supplemented by Clause 12, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property 2022 as follows:
Principles of determining and distributing royalties
1. Co-owners of copyright and co-owners of related rights shall agree on the proportion of royalties to be divided according to the part of creative participation for the entire work, performance, phonogram or recording. images, broadcast programs, contributed capital and suitable to the form of exploitation and use.
2. The rate of distribution of royalties when phonograms and video recordings are used as prescribed in Clause 1, Article 26 and Clause 1, Article 33 of this Law shall comply with the agreement of copyright holders and performers. performer, the owner of related rights to such phonogram or video recording; in case no agreement is reached, the Government's regulations shall apply.
3. Royalties are determined according to a frame and rate table based on the type, form, quality, quantity or frequency of exploitation and use; harmonize the interests of creators, organizations and individuals exploiting and using it and the public enjoying it, in accordance with socio-economic conditions according to the time and place where the act of exploitation and use takes place.
Thus, the determination and distribution of royalties is done according to the above principles.
Basically, co-owners of copyright and related rights agree on the proportion of royalties according to their creative participation.
What is the State policy on copyright and related rights in Vietnam under the new regulations?
Pursuant to Article 4 of Decree 17/2023/ND-CP as follows:
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 regulations, for copyright and related rights, the State has 06 policies mentioned above.
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