Duration of Protection for the Right to Publish Cinematographic Works

Let me ask, for how long is the right to publish a cinematographic work protected? I hope to receive a prompt response. This is a question from Ms. Mai (Nghe An).

Section 8, Article 1 of the amended Intellectual Property Law 2009 stipulates as follows:

Moral rights stipulated in Section 3, Article 19 and Property rights stipulated in Article 20 of this Law have the following protection duration:

- Cinematographic works, photographic works, applied art works, and anonymous works have a protection duration of seventy-five years from the first publication of the work; for cinematographic works, photographic works, and applied art works that have not been published within twenty-five years from the date they were fixed, the protection duration is one hundred years from the date they were fixed; for anonymous works, when information about the author is revealed, the protection duration is calculated according to Item b of this section;

- Works not falling into the categories specified in Item a of this section have a protection duration for the lifetime of the author plus fifty years after the year the author dies; in the case of works with co-authors, the protection duration ends in the fiftieth year after the year the last co-author dies;

- The protection duration stipulated in Item a and Item b of this section ends at 24:00 on December 31 of the year marking the end of the protection term of the copyright.

The moral rights stipulated in Section 3, Article 19 are the rights to “publish the work or to allow others to publish the work”.

=> Therefore, the protection duration for the right to publish a cinematographic work is stipulated as follows:

- The right to publish a cinematographic work has a protection duration of 75 years from the first publication of the work;

- If the cinematographic work is not published within 25 years from the date it is fixed, the protection duration for the right to publish is 100 years from the date the work is fixed.

Respectfully!

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