What acts are considered infringement of copyright in Vietnam?

What acts are considered infringement of copyright in Vietnam? (Internet image)

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

1. What is copyright?

Copyright means rights of organizations and individuals to works they have created or own.

In particular, work means a creation of the mind in the literary, artistic or scientific domain, whatever may be the mode or form of its expression.

(Clause 2, 7 Article 4 of the Law on Intellectual Property 2005 (amended in 2009))

2. What acts are considered infringement of copyright in Vietnam?

Specifically, in Clause 1, Article 66 of Decree 17/2023/ND-CP, infringement of copyright in Vietnam can be:

- Infringing the right to name works: Changing name of works without permission of authors or co-authors, unless otherwise specified by the law;

- Infringing the right to be named on the works or credited: Impersonating authors, imitating name or signatures of authors, failing to accurately specify name of authors and origin of works during use;

- Infringing the right to publish works: Publishing works without permission of copyright holders, copyright co-owners; appropriating copyright;

- Infringing the right to protect integrity of works thereby harming reputation or credibility of authors: Distorting works; editing, or otherwise altering works thereby harming reputation or credibility of authors;

- Infringing the right to produce derivative works: Using existing works to create derivative works without permission of copyright holders, copyright co-owners as per the law.

- Infringing the right to deliver public performance of the works: Performing, reading, displaying, exhibiting, screening, showing works in public places or charging entrance fees without permission of copyright holders, copyright co-owners as per the law, except for cases under Article 25 and Article 25a of the Law on Intellectual Property;

- Infringing the right to reproduce works: Duplicating, creating copies of works without permission of copyright holders, copyright co-owners as per the law; reproducing a part of works, excerpting, editing without permission of copyright holders, copyright co-owners as per the law, except for cases under Point a Clause 3 Article 20, Article 25, and Article 25a of the Law on Intellectual Property;

- Infringing the right to distribute, import for public distribution: Distributing, importing in order to distribute tangible original copies and tangible copies of works to the public without permission of copyright holders, copyright co-owners as per the law, except for cases under Point b Clause 3 Article 20 and Article 25 a of the Law on Intellectual Property;

- Infringing the right to broadcast, communicate to the public: Broadcasting, communicating works to the public via telecommunication network or the internet without permission of copyright holders, copyright co-owners as per the law, except for cases under Article 25 and Article 25a of the Law on Intellectual Property;

- Infringing the right to lease original copies or copies of works of motion picture, computer programs: Leasing original copies or copies of works of motion picture, computer programs without permission of copyright holders, copyright co-owners as per the law;

- Failing to adequately fulfill legal liabilities specified under Article 25, Article 25a, and Article 26 of the Law on Intellectual Property;

- Intentionally removing or deactivating effective technological measures implemented by authors, copyright holders on original copies, copies of work to protect copyright of their works as per the law, except for cases under Clause 3 Article 20, Article 25, and Article 25a of the Law on Intellectual Property;

- Producing, distributing, importing, offering, selling, advertising, marketing, leasing, or storing equipment, products, or components of commercial nature, introducing or providing services with full knowledge or grounds suggesting that the equipment, products, components, or services are produced, used to deactivate effective technological measures protecting copyright as per the law;

- Intentionally removing, deleting, or otherwise altering right management information without permission of authors, copyright holders with full knowledge or grounds suggesting that such action will incite, enable, facilitate, or conceal copyright infringement as per the law;

- Intentionally distributing, importing to distribute, broadcasting, communicate, or provide copies of works to the public with full knowledge or grounds suggesting that right management information has been removed, deleted, or otherwise altered without permission of copyright holders; with full knowledge or grounds suggesting that such action will incite, enable, facilitate, or conceal copyright infringement as per the law;

- Failing to adequately comply with the law in order to be exempt from legal liability regarding copyright of intermediary service providers regarding works under Clause 3 Article 198b of the Law on Intellectual Property, Article 113, Article 114 of Decree 17/2023/ND-CP, and other relevant law provisions.

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