Recently, the government has issued Decree 72/2016/ND-CP regulating the management of photography activities. However, the Decree has faced rather strong reactions from photography professionals across the country before it could be implemented.
Article table of contents
Following the development of information technology and social networks, numerous photographers, from amateur to professional, choose personal websites, websites that allow photo uploads and sharing (flickr.com, vnphoto.net...), and especially the social network Facebook, to build their personal brand and share photos with friends and other photographers. However, Decree 72/2016/ND-CP, which was officially issued and takes effect on August 15, 2016, has raised a question among this community: does posting, introducing, and disseminating photos on websites or Facebook also require permission from management authorities?
Illustration of photographers posting photos on flickr.com
“Stumbling” Over the Interpretation of Clause 9, Article 3
A significant loophole in Decree 72/2016/ND-CP is found in Clause 9, Article 3, which states, “Exhibition of photographic works is a form of dissemination, introduction, display, and screening of photographic works, including exhibitions of photographic works on the internet.”
This is a newly added regulation because, in reality, Decree 103/2009/ND-CP issuing Regulations on cultural activities and public cultural service business specified that “cultural and artistic exhibitions regulated in these Regulations include fine arts exhibitions, photo exhibitions, and other cultural and artistic exhibitions” did not include “exhibitions of photographic works on the Internet.”
This leads to the regulation that organizations and individuals holding exhibitions of photographic works in Vietnam must obtain an exhibition permit from competent state management agencies (Clause 1, Article 11).
Thus, it can be interpreted that exhibitions of photographic works on the Internet must have an exhibition permit from competent state management agencies. However, the scale necessary to be considered an exhibition on the Internet still requires specific guiding documents. The scale for evaluation as an exhibition should be “tightened” because everyone knows that obtaining a permit in Vietnam is always a headache.
Addressing this issue, Mr. Vi Kien Thanh, Director of the Department of Fine Arts, Photography, and Exhibitions (the unit involved in drafting decree 72/2016), explained:
“In principle, even when posting photos on Facebook in a manner that disseminates, introduces, or promotes them to many people, permission is still required.
If posting personal photos on Facebook, it is not considered an exhibition, but only exhibiting photos online falls within the adjustment scope and requires permission.”
.jpg)
Photo posted on Vnphoto
Do Rights Come With Obligations?
The requirement for permission from management authorities raises many concerns for those engaged in photography. However, this is not entirely negative news because leveraging the widespread reach of the Internet, online photo exhibitions can save significant costs and have extensive reach, making this activity increasingly popular. Nevertheless, the Internet poses a significant risk of copyright infringement and loss of works, providing a loophole for malicious exploitation. When that happens, without a proper mechanism to protect rights, where do we go, and what do we do to reclaim our rights?
Article 4 of Decree 72/2016/ND-CP stipulates the rights of organizations and individuals participating in photographic activities in Vietnam as follows:
- The right to create photographic works within the territory of the Socialist Republic of Vietnam following the law.- The right to participate in photographic activities as prescribed by the law.- The right to enjoy state policies in photographic activities stipulated in Article 6 of this Decree.- The right to be protected by the state for copyrights and related rights of photographic works as prescribed by the law.- Other rights as prescribed by the law.
Alongside the issuance of permitting procedures, building a protection mechanism for the rights of individuals and organizations participating in photographic exhibitions should be prioritized. Only then will the photographic community willingly join the legal corridor, knowing they are protected by law. We hope for more detailed documents and decrees.
