Are photographic works eligible for copyright protection in Vietnam?

1. Are photographic works eligible for copyright protection in Vietnam?

Article 14 of the Intellectual Property Law 2005 as amended by Clause 5, Article 1 of the Revised Intellectual Property Law 2009 stipulates types of works which are protected by copyright as follows:

1. Literary, artistic and scientific works eligible for copyright protection include:

a/ Literary and scientific works, textbooks, teaching courses and other works expressed in written languages or other characters:

b/ Lectures, addresses and other sermons;

c/ Press works;

d/ Musical works;

e/ Dramatic works;

f/ Cinematographic works and works created by a process analogous to cinematography (below collectively referred to as cinematographic works);

g/ Plastic-art works and works of applied ait;

h/ Photographic works;

i Architectural works;

j/ Sketches, plans, maps and drawings related to topography, architecture or scientific works:

k/ Folklore and folk art works of folk culture;

m/ Computer programs and data compilations.

2. Derivative works shall be protected under Clause I of this Article only if it is not prejudicial to the copyright to works used to create these derivative works.

3. Protected works defined in Clauses I and 2 of this Article must be created personally by authors through their intellectual labor without copying others" works.

4. The Government shall guide in detail the types of works specified in Clause 1 of this Article.

Thus, according to the above provisions, the photographic work belongs to one of eligible for copyright protection in Vietnam. Your photographic works will be protected and have a term to protect.

2. What is term of copyright protection for photographic works in Vietnam? 

According to Article 27 of the Intellectual Property Law 2005 as amended by Clause 8 Article 1 of the Revised Intellectual Property Law 2009, term of protection of copyright is as follows:

1. The moral rights provided for in Clauses 1, 2 and 4. Article 19 of this Law shall be protected for an indefinite term.

2. The moral rights provided for in Clause 3, Article 19 and the economic rights provided for in Article 20 of this Law enjoy the following term of protection:

a/ Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of seventy five years from the date of first publication. For cinematographic works, photographic works and works of applied art which remain unpublished within twenty five years from the date of fixation, the term of protection is one hundred years from the date of fixation. For anonymous works, when information on their authors is published, the term of protection will be calculated under Point b of this Clause.

b/ A work not specified at Point a of this Clause is protected for the whole life of the author and for fifty years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author;

c/ The term of protection specified at Points a and b of this Clause expires at 24:00 hrs of December 31 of the year of expiration of the copyright protection term

Therefore, according to the above provisions, the term of protection of the author's rights to photographic works in Vietnam is as follows: 

- Since the work was first published, the term of protection is 75 years.

- If the work has not been published within 25 years from the time the work is shaped, the term of protection shall be 100 years from the time the work is shaped.

Best Regards!