In Vietnam, is it permissible to give names for translated works?
In Vietnam, is it permissible to give names for translated works? What are the fines for acts of infringing upon the right to attach one's name to or title works in Vietnam?
I have obtained the permission of the author to translate a work in foreign language into Vietnamese. During the translation process, I found that the content of the work is not suitable for its the name. I intend to change its name for Vietnamese copy. Can I give name for the translated work? What are the fines for acts of infringing upon the right to attach one's name to or title works?
Thank you!
In Vietnam, is it permissible to give names for translated works?
Pursuant to Article 20 of the Decree 22/2018/ND-CP stipulating moral rights as follows:
1. The right to title works is provided for in Clause 1, Article 19 of the Intellectual Property Law. This right shall not apply to works translated from one language into another.
2. The right to publish works or authorize other persons to publish works provided for in Clause 3, Article 19 of the Intellectual Property Law means the right of the author or copyright owner of a work or another individual or organization authorized by the author or copyright owner to make a work available to the public in a sufficient amount of copies to satisfy the reasonable demand of the public, depending on the nature of the work. Publication of a work does not mean the performance of a dramatic, cinematographic or musical work; public recitation of a literary work; broadcasting of a literary or artistic work; exhibition of a plastic work; or construction of structures based on an architectural work.
3. The right to protect the integrity of works and to prevent other persons from modifying or mutilating works provided for in Clause 4, Article 19 of the Intellectual Property Law means the right of the author of a work to prevent other persons from modifying or multilating his/her work without his/her consent.
As regulations above, you are not permissible to give names for translated works.
What are the fines for acts of infringing upon the right to attach one's name to or title works in Vietnam?
Pursuant to Article 9 of the Decree 131/2013/ND-CP stipulating acts of infringing upon the right to attach one's name to or title works in Vietnam as follows:
1. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for using a work without indicating the real name or pen name of its author or its title or indicating a wrong real name or pen name of the author or a wrong title of the work on copies of the work, phonogram, video recording or broadcast program.
2. Remedial measures:
a) Forcible correction publicly on means of mass media about false information for violation specified in Clause 1 of this Article;
b) Forcible correction of the name of author, title of the work on copies of the work, phonogram, video recording or broadcast program which contain false information about name of author, title of the work for violation specified in Clause 1 of this Article.
As regulations above, anyone infringing upon the right to attach one's name to or title works shall be fined from VND 2,000,000 to VND 3,000,000. Besides, they shall also be forced to make correction publicly, or make correction of the name of author, title of the work on copies of the work.
Best regards!
