Types of acts of infringement of related rights of performances in Vietnam

Types of acts of infringement of related rights of performances in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are copyright-related rights?

Copyright-related rights (below referred to as related rights) means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.

(Clause 3, Article 4 of the Law on Intellectual Property 2005 (amended 2009))

2. Types of acts of infringement of related rights of performances in Vietnam

According to Clause 1, Article 67 of Decree 17/2023/ND-CP, infringement of related rights of performances in Vietnam can be:

- Infringing the right to be introduced of performers: Failing to introduce or intentionally and incorrectly introducing name of performers when delivering performances, publishing audio recordings, video recordings, broadcasting performances, except for cases where full name of performers cannot be introduced due to objective reasons, nature, scale, form of performance;

- Infringing the right to protect imagery of the performance thereby harming reputation and credibility of performers: Distorting performance imagery; editing or otherwise altering performances thereby harming reputation and credibility of performers;

- Infringing the right to directly fix the performance: Directly fixing performances without permission of performers as per the law;

- Infringing the right to reproduce performances fixed on audio recordings, video recordings: Duplicating, reproducing, excerpting, cutting a part or the entirety of fixed copies of performances without permission of performers as per the law, except for cases under Point a Clause 5 Article 29 and Article 32 of the Law on Intellectual Property;

- Infringing the right to broadcast, communicate unfixed performances to the public: Broadcasting, communicating unfixed performances to the public without permission of performers as per the law, except for cases where the performances are broadcasted and cases under Article 32 of the Law on Intellectual Property;

- Infringing the right to distribute, import to distribute tangible original copies, copies of fixed performances to the public: Distributing, importing to distribute tangible original copies, copies of fixed performances to the public without permission of performers as per the law, except for cases under Point b Clause 5 Article 29 of the Law on Intellectual Property;

- Infringing the right to lease original copies, copies of performances fixed in audio recordings, video recordings to the public for commercial purposes: Leasing original copies, copies of performances fixed in audio recordings, video recordings to the public for commercial purposes without permission of performers as per the law;

- Infringing the right to broadcast, communicate fixed performances to the public: Broadcasting, communicating fixed performances to the public without permission of performers as per the law, except for cases under Article 32 of the Law on Intellectual Property;

- Cases under Clause 4 of Article 67 of Decree 17/2023/ND-CP.

3. What are cases where performances shall be protected?

Specifically, in Clause 1, Article 17 of the Law on Intellectual Property 2005, performances shall be protected if they fall into one of the following categories:

- They are made by Vietnamese citizens in Vietnam or abroad;

- They are made by foreigners in Vietnam;

- They are fixed on audio and visual fixation and protected pursuant to the provisions of article 30 of the Law on Intellectual Property 2005;

- They have not yet been fixed on audio and visual fixation but have already been broadcast and are protected pursuant to the provisions of article 31 of the Law on Intellectual Property 2005;

- They are protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE