Vietnam: Administrative penalties for acts of using phonograms or video recordings already published for commercial purposes

According to Article 29 of the Decree No. 131/2013/NĐ-CP of Vietnam’s Government, administrative penalties for acts of using phonograms or video recordings already published for commercial purposes are specified as follows:

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for using a phonogram or video recording already published for commercial purpose in restaurants, tourist accommodation establishments, stores, supermarkets without paying royalty or remuneration for such use to copyright owner, related-right owner in accordance with regulations.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for any of the following violations:

- Using a phonogram or video recording already published for commercial purpose to broadcast without paying royalty or remuneration for such use to copyright owner, related-right owner in accordance with regulations;

- Using a phonogram or video recording already published for commercial purpose in domains of aviation, public traffic and other trading operations without paying royalty or remuneration for such use to the owner in accordance with regulations.

3. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for using a phonogram or video recording already published for commercial purpose in karaoke service, post and telecommunication service, digital environment business establishments without paying royalty or remuneration for such use to copyright owner, related-right owner in accordance with regulations.

Concurrently, applying remedial measures which are forcibly removing copies of phonogram, video recording, in electronic form, on internet and digital environment, for the following acts:

- Using a phonogram or video recording already published for commercial purpose to broadcast without paying royalty or remuneration for such use to copyright owner, related-right owner in accordance with regulations;

- Using a phonogram or video recording already published for commercial purpose in domains of aviation, public traffic and other trading operations without paying royalty or remuneration for such use to the owner in accordance with regulations;

- Using a phonogram or video recording already published for commercial purpose in karaoke service, post and telecommunication service, digital environment business establishments without paying royalty or remuneration for such use to copyright owner, related-right owner in accordance with regulations.

View more details at Decree No. 131/2013/NĐ-CP of Vietnam’s Government, effective from December 15, 2013.

Ty Na

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