What are types of motion pictures and works eligible for copyright protection in Vietnam? What are regulations on the right to lease original or copy of motion pictures in Vietnam?

What are types of motion pictures and works eligible for copyright protection in Vietnam?

On 26/04/2023, the Government promoted the Decree 17/2023/NĐ-CP elaborating the Law on Intellectual Property regarding copyrights and related rights.

Pursuant to Clause 5 Article 6 of the Decree 17/2023/NĐ-CP stipulating types of works eligible for copyright protection in Vietnam as follows:

Types of works eligible for copyright protection

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5. Theatrical works specified under Point dd Clause 1 Article 14 of the Law on Intellectual Property are works that fall under performance arts and include: “Chèo”, “tuồng”, “cải lương”, dance, puppetry, contemporary dance, ballet, play, opera, folk play, physical theater, musical theater, circus, comedy, variety shows, and other performance arts.

6. Motion pictures and works created in similar methods specified under Point e Clause 1 Article 14 of the Law on Intellectual Property are works which have contents expressed by a series of still images in succession or images created by technical, technological equipment; with or without audio and other effects according to film language principles. Still images extracted from a motion picture are parts of that motion picture.

Motion pictures do not include video recordings serving news propagation on radio broadcasting services, television services, the internet; performance art programs, video games; video recordings of activities of one or many people, events, situations, or reality shows.

7. Works of art specified under Point g Clause 1 Article 14 of the Law on Intellectual Property are works which are expressed by lines, color, shapes, composition, including:

a) Paintings: Paintings of lacquer, oil paint, powder, water color, dó paper, and other materials;

b) Graphics: Wood engravings, metal engravings, rubber engravings, plaster engravings, unique prints, rock prints, propaganda paintings, graphic design, and other materials;

c) Sculpture: Statues, monuments, relief, memorials, symbolic blocks;

d) Installation arts and other forms of contemporary art.

Works of art, sculpture, installation art, and other forms of contemporary art exist as unique copies. Works of graphic art can be depicted to the 50th iteration which must be numbered and signed by the authors.

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As regulations above, types of motion pictures and works eligible for copyright protection in Vietnam are:

- Works which have contents expressed by a series of still images in succession or images created by technical, technological equipment; with or without audio and other effects according to film language principles.

Still images extracted from a motion picture are parts of that motion picture.

- Motion pictures do not include video recordings serving news propagation on radio broadcasting services, television services, the internet;

Performance art programs, video games; video recordings of activities of one or many people, events, situations, or reality shows.

What are works that are not eligible for copyright protection in Vietnam?

Pursuant to Article 8 of the Decree 17/2023/NĐ-CP stipulating works not eligible for copyright protection in Vietnam as follows:

Works not eligible for copyright protection

1. Purely reporting news specified under Clause 1 Article 15 of the Law on Intellectual Property are short, daily information, short news, factual figures which are informative but not creative in nature.

2. Legislative documents specified under Clause 2 Article 15 of the Law on Intellectual Property include documents of Governmental agencies, political organizations, socio-political organizations, socio-profession-political organizations, social organizations, socio-profession organizations, and people’s armed forces.

3. Procedures, systems, methods of operation, concepts, principles, and figures specified under Clause 3 Article 15 of the Law on Intellectual Property are construed as follows:

a) Procedures are sequences of actions which must be complied with in order to carry out tasks;

b) A system is a combination of factors, units of the same types or functions that are closely connected or correlated and create a unified form;

c) Methods are ways of studying, perceiving natural phenomena and social life;

d) Concepts are thoughts reflecting overview of real things and phenomena and how they are connected;

dd) Principles are basic, general rules that govern a series of phenomenon; important initial thoughts or theories and starting points for further development of other theories.

As regulations above, works not eligible for copyright protection are:

- Purely reporting news are short, daily information, short news, factual figures which are informative but not creative in nature.

- Legislative documents include documents of Governmental agencies, political organizations, socio-political organizations, socio-profession-political organizations, social organizations, socio-profession organizations, and people’s armed forces.

- Procedures, systems, methods of operation, concepts, principles, and figures.

What are regulations on the right to lease original or copy of motion pictures in Vietnam?

Pursuant to Article 10 of the Decree 17/2023/NĐ-CP stipulating copyrights of motion pictures in Vietnam as follows:

Copyrights of motion pictures

1. Individuals mentioned under Point a and Point b Clause 1 Article 21 of the Law on Intellectual Property shall have the right to have their names attached to the motion pictures and be named when the motion pictures are published or used. It is permissible to not include name of everyone in the cast and persons carrying out creative works specified under Point b Clause 1 Article 21 of the Law on Intellectual Property in a motion picture due to the use of said motion picture.

2. In case of agreement on naming and/or editing of motion pictures according to Point d Clause 1 Article 21 of the Law on Intellectual Property, screenwriters and directors are not allowed to take advantage of their moral rights to prevent the naming and editing of motion pictures which are compliant with creative and use requirements of the motion pictures.

Authors and copyright holders of scripts in musical works and musical works which are used in motion pictures are only allowed to prohibit distortion of their scripts in musical works and musical works or revision, editing of their scripts in musical works and musical works which harm their reputation or credibility.

3. The right to lease original or copy of motion pictures mentioned under Point e Clause 1 Article 20 of the Law on Intellectual Property is the right of copyright holders to exclusively lease or authorize other individuals to lease for a limited amount of time.

As regulations above, the right to lease original or copy of motion pictures is the right of copyright holders to exclusively lease or authorize other individuals to lease for a limited amount of time. 

Note: Decree 17/2023/NĐ-CP takes effect from 26/4/2023.

Best regards!