Does reproducing documents infringe the right to reproduce works in Vietnam?
Does reproducing documents infringe the right to reproduce works in Vietnam? Does making copies of the work for learning violate the right to reproduce works in Vietnam?
I am a university student majoring in economics. Because I need resources for research, but I don't have enough money to buy it, I often borrow the original and then copy it to study. So does reproducing documents infringe the right to reproduce works? Does making copies of the work for research violate the right to reproduce works?
Please advise. Thankyou.
Does reproducing documents infringe the right to reproduce works in Vietnam?
In Article 18 of Decree 131/2013/ND-CP on acts of infringing upon the right to reproduce works, specifically as follows:
1. A fine of between VND 15,000,000 and 35,000,000 shall be imposed for reproducing the works without permission of the copyright holders.
2. Remedial measures:
Forcibly removing copies of the work which in infringed, in electronic form, on internet and digital environment, or forcible destruction of material evidence of violation for act specified in Clause 1 of this Article.
According to this Article, when reproducing the works without permission of the copyright holders in Vietnam, they will be fined from VND 15,000,000 to VND 35,000,000 and forced to destroy the copy of that work.
Does making copies of the work for learning violate the right to reproduce works in Vietnam?
Pursuant to Article 25 of the 2005 Intellectual Property Law as amended by Clause 6, Article 1 of the 2009 revised Intellectual Property Law on cases when published works may be used without having to seek permission or pay royalties or remuneration, according to which:
1. Published works may be used without having to seek permission or pay royalties or remuneration in the following cases:
(a) Making one copy of the work of an author for scientific research or teaching purposes;
(b) Reasonable quoting from a work in order to comment on or illustrate one's own works, without misrepresenting the author's views;
(c) Quoting from a work in order to write an article published in a newspaper or periodical, in a radio or television broadcast or in a documentary, without misrepresenting the author's views;
(d) Quoting from a work in school or university for lecturing purposes without misrepresenting the author's views and not for commercial purposes;
(dd) Copying of a work by a library for archival and research purposes;
(e) Performing a stage work or other art work in mass cultural, communication or mobilization activities without collecting fees in any form;
(g) Audio-visual recording of a performance in order to report current events or for teaching purposes;
(h) Photographing or televising plastic art; or an architectural, photographic, or applied art work displayed at a public place in order to present images of such work;
(i) Transcribing a work into braille or into characters of other languages for the blind;
(k) Importing copies of another's work for personal use.
2. Organizations and individuals who use the works stipulated in clause 1 of this article must neither affect the normal use of such works nor cause prejudice to the rights of the author or copyright holder, and must provide information being the author's name and the source and origin of the work.
3. The use of works in the cases stipulated in clause 1 of this article shall not apply to architectural works, plastic works and computer programs.
So, in this case, you copy the material for learning purposes, not for scientific research or teaching purposes, so that behavior is against the law in Vietnam.
Best Regards!