Importation of Copies of Works without the Author's Consent: Are the Items Subject to Destruction?
Translation
---Is the import of copies of a work without the author's consent subject to the destruction of the confiscated materials? What are the penalties for uploading the content of a work to the public on the internet without the owner's consent?If I have imported a shipment of books that are copies but these copies have not been authorized by the author, will the shipment be destroyed when penalized?Additionally, if I take a copy of a book and scan and post the content online, what penalties will I face?---Importing Copies of a Work Without Author's Consent: Will the Evidence be Destroyed?
Based on Article 16 of Decree 131/2013/ND-CP as amended by Clause 1, Article 1 of Decree 28/2017/ND-CP regarding acts of infringement on the importation rights of original or copied works as follows:
A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for the act of importing original works or copies of works without the permission of the copyright owner as stipulated.
Remedial measures:
Mandatory re-export of infringing evidence for acts specified in Clause 1 of this Article. In cases where re-export cannot be applied, destruction of the evidence shall be enforced.
Importing copies of books without the author's consent will result in destruction when the remedial measure of re-export cannot be applied to the shipment.
Penalties for Posting Work Contents to the Public Online Without Owner's Consent
According to Article 17 of Decree 131/2013/ND-CP regarding acts of infringement on the rights of communication to the public of works as follows:
A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed for the act of communicating works to the public via wired, wireless means, electronic information networks or any technical means without the permission of the copyright owner as stipulated.
Remedial measures:
Mandatory removal of the infringing copy of the work for acts specified in Clause 1 of this Article.
Thus, posting scanned copies of books to the public online without the copyright owner's consent will result in a fine ranging from VND 15,000,000 to VND 30,000,000 and mandatory removal of the infringing copy of the work.
Respectfully!
