Summary of disputes about copyright and related rights in Vietnam

Summary of disputes about copyright and related rights in Vietnam
Nguyễn Thị Diễm My

What are the regulations on disputes about copyright and related rights in Vietnam? – Thai Binh (Phu Yen)

Summary of disputes about copyright and related rights in Vietnam
Summary of disputes about copyright and related rights in Vietnam (Internet image)

1. Summary of disputes about copyright in Vietnam

Disputes about copyright in Vietnam include:

- Disputes between individuals about copyright of works of literature, art, science, derivative works.

- Disputes between co-authors about separation of joint authorship.

- Disputes between copyright co-owners about separation of rights of co-owners in use and transfer of one or some or all copyright.

- Disputes between individuals and organizations about copyright of works.

- Disputes between copyright holders and authors about royalties paid to creative authors on the basis of creative tasks or creative works.

- Disputes about exercising of moral rights or property rights of authors, copyright holders, co-authors, copyright co-owners.

- Disputes about copyright of computer programs, data collection between individuals providing financial support and material goods that are vital for development of computer programs, data collection and individuals designing, developing computer programs, data collection.

- Disputes between individuals making financial and facility-technical investment in production of works of motion picture, theater and individuals engaging in creative work, individuals producing works of motion picture, theater about copyright of works of motion picture, theater or royalties and other tangible benefits.

- Disputes between copyright holders and individuals using published works that do not require permission and royalty payment about the use conflicting with conventional use of works and causing unreasonable damage to legitimate benefits of authors, copyright holders.

- Disputes between copyright holders and individuals using published works that do not require permission but do require royalty payment about failure to pay royalties or the use conflicting with conventional use of works and causing unreasonable damage to legitimate benefits of authors, copyright holders.

- Disputes about contracts for transfer of copyright, contracts for licensing of use right of copyright or disputes about contracts for counsel, services regarding copyright.

- Disputes that arise as a result of copyright infringement.

- Disputes about inheritance of property rights under Article 20 and moral rights under Clause 3 Article 19 of the Law on Intellectual Property.

- Other disputes about copyright as per the law.

(Article 62 of Decree 17/2023/ND-CP)

2. Summary of disputes about related rights in Vietnam 

Disputes about related rights include:

- Disputes about right holders of performances, audio recordings, video recordings, broadcasting programs.

- Disputes between performers and individuals using moral rights and property rights of performances.

- Disputes between producers of audio recordings, video recordings and individuals using property rights of audio recordings, video recordings.

- Disputes between broadcasting organizations and individuals using property rights of broadcasting programs.

- Disputes about the use conflicting with conventional use of performances, audio recordings, video recordings and causing unreasonable damage to legitimate benefits of performers, producers of audio recordings, video recordings, or broadcasting organizations between performers, producers of audio recordings, video recordings, broadcasting organizations and individuals using related rights that are not required to acquire permission and pay royalties.

- Disputes about failure to pay royalties or the use conflicting with conventional use of performances, audio recordings, video recordings and causing unreasonable damage to legitimate benefits of performers, producers of audio recordings, video recordings, or broadcasting organizations between performers, producers of audio recordings, video recordings, broadcasting organizations and individuals using related rights that are not required to acquire permission but are required to pay royalties.

- Disputes about contracts for licensing of related rights, contracts for transfer of use rights of related rights or disputes about contracts for counsel, services regarding related rights.

- Disputes that arise as a result of related right infringement.

- Disputes about inheritance of related rights.

- Other disputes about related rights as per the law.

(Article 63 of Decree 17/2023/ND-CP)

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