Is the use of other people's images without permission subject to compensation in Vietnam?

Is the use of other people's images without permission subject to compensation in Vietnam? (Illustration)

Under the provisions of the Civil Code 2015 , individuals have the right to images. However, there is currently no specific definition of image rights. Even the above-mentioned Article 32 of the Civil Code of Vietnam 2015 stipulates that the rights of individuals with respect to images are only general provisions "individuals have the right to their own images" without specifying what their personal rights to images are. However, through the provisions of Article 32 of the Civil Code of Vietnam, image rights are understood as rights of individuals, associated with individuals in the use and disposition of their images. This is an individual's personal right and is protected by law.

The use of the image is subject to the consent of the individual. In case of using other people's images for commercial purposes, remuneration must be paid to the person whose image is used unless otherwise agreed by the parties. In addition, there are cases where the use of images does not require the consent of the image holder or his/her legal representative in Vietnam. The specific cases are as follows:

-  For national and public benefits;

- For public activities, including conventions, seminars, sports activities, art shows and other public activities that do not infringe the honor, dignity or prestige of the image’s owner.

In case the personal image is used against the law, under Article 32 of the Civil Code of Vietnam, the person whose image is used against the law shall have the right to request the court to issue a decision to compel the violator, relevant agencies, organizations and individuals to revoke, destroy or terminate the use of the image, compensate for damage and apply other handling measures as prescribed by law.

At the same time, if the image of an individual is used against the law, causing damage to his/her honor, dignity or reputation, he/she may request compensation for damage.

Damage caused by harm to the honor, dignity or reputation shall comprise:

- Reasonable costs for mitigating and remedying the damage;

- Loss of or reduction in actual income;

- Other damage as prescribed by law.

A person who is obliged to compensate in Vietnam shall pay compensation in accordance with the preceding paragraphs and an additional amount of compensation for the mental loss suffered by such person.

The compensation for mental loss shall be agreed upon by the parties; if no agreement is reached, the maximum for a person whose honor, dignity or reputation is violated shall not exceed ten times the basic salary prescribed by the State.

Thus, if the person whose image has been used illegally to affect the honor, dignity or prestige is violated, he/she may request compensation for material and spiritual losses in accordance with the provisions of the Civil Code of Vietnam, unless the image is used in the national, ethnic or public interest; The image is used from public activities, including conferences, seminars, sports competitions, artistic performances and other public activities without damaging the honor, dignity or prestige of the image holder.

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