Property Rights of the Author

On February 23, 2018, the Government of Vietnam issued Decree 22/2018/ND-CP to specifically regulate certain provisions and measures for the implementation of copyright and related rights under the Intellectual Property Law 2005, as amended and supplemented in 2009. Notably, this Decree includes regulations on the author's property rights.

To be specific: the property rights of the author regulated in Decree 22 include:

- The right to perform the work- The right to reproduce the work- The right to distribute the original or copies of the work- The right to communicate the work to the public- The right to rent the original or copies of cinematographic works, computer programs- The right to rent computer programs

In detail:

The right to perform the work before the public is the exclusive right of the copyright owner to perform or authorize others to perform the work directly or through recordings, audiovisual materials, or any technical means accessible to the public. Performing the work before the public includes performing the work at any place where the public can access it.

The right to reproduce the work is the exclusive right of the copyright owner to create or authorize others to create copies of the work by any means or form, including creating copies in electronic form.

The right to distribute the original or copies of the work is the exclusive right of the copyright owner to perform or authorize others to perform the distribution by any form or technical means accessible to the public, including selling, renting, or other forms of transferring the original or copies of the work.

The right to communicate the work to the public by wired, wireless, electronic information network, or any other technical means is the exclusive right of the copyright owner to perform or authorize others to perform the communication of the work or its copies to the public, accessible at a place and time individually chosen by them.

The right to rent the original or copies of cinematographic works, computer programs is the exclusive right of the copyright owner to perform or authorize others to perform the rental for a limited period to exploit and use the work.

The right to rent computer programs does not apply in cases where the computer program itself is not the primary object of the rental, such as a computer program associated with the normal operation of transportation vehicles or other technical machinery and equipment.

See details in Decree 22/2018/ND-CP effective from April 10, 2018.

- Thao Uyen -

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