According to regulation of current Law on
intellectual property, copyright means rights of an organization or individual
to works created or owned by such organization or individual. Copyright to a
work includes moral rights and property rights. If other organization or
individual wishes to exploit, use a part or the whole of works, they shall ask
permission, pay the owner of copyright for royalties, remuneration according to
both parties’ agreement or regulation of law. However, there are still cases of using works without having
permission and/or without paying the author or owner of copyright for
royalties, remuneration.
Cases of using published
works without having permission, without paying for royalties, remuneration
include:
-Making one copy for scientific research or
personal teaching purposes.
-Reasonable quoting from a work in order to
comment on or illustrate one’s own works, without misrepresenting the author’s
views;
-Quoting from a work in order to write an
article published in a newspaper or to use in periodical publications, in a
radio or television broadcast or in a documentary, without misrepresenting the author’s
views;
-Quoting from a work in order to teach in
school or university without misrepresenting the author’s views and not for
commercial purposes;
-Copying of a work in order to archive in
library and research purposes;
-Performing a stage work or other art work in
cultural meetings, communication or mobilization activities without collecting
fees in any form;
-Directly audio-visual recording of a
performance in order to report current news or to teach;
-Photographing or televising shaping work, architectural,
photographic, or applied art work displayed at a public place in order to
present images of such work;
-Translating a work into braille or other
languages for the blind;
-Importing copies of another’s work for
personal use.
However, it should be noted that organization
or individual using, exploiting works in above cases must meet the conditions:
not causing damage to the normal exploit of works, not causing damage to
copyright and owner of copyright; must provide information of the author
and the source and origin of the work. In addition, due to specific
characteristics of of various types of works such as architectural works,
shaping works and computer programs, cases of (i) making one copy for
scientific research or personal teaching purposes and (ii) copying of a work in
order to archive in library and research purposes, shall have permission and
pay author or owner of copyright for royalties, remuneration according to both
parties’ agreement or regulation of law.
Cases of using published works without having
permission but paying for royalties, remuneration include:
-A broadcasting organization which uses a
published work to make a broadcast which is sponsored, contains an
advertisement or which collects fees in any form shall not be required to ask
permission but must pay the owner of copyright for royalties or remuneration
from using time. Level of royalties, remuneration or other material benefits
and payment methods are agreed by parties; If the agreement can not be reached,
it shall follow regulation of Government or shall file a petition to Court
according to regulation of law;
-A broadcasting organization which uses a
published work to make a broadcast which is not sponsored, no advertisement or
which do not collect fees in any form shall not be required to ask permission
but must pay the owner of copyright for royalties or remuneration from using
time according to regulation Government;
Similarly, the use of a work in these two cases
must neither affect the normal use of such works nor cause prejudice to the
rights of the author or copyright holder, and must provide information being
the author’s name and the source and origin of the work. Besides, in case of
using published work without having to seek permission but royalties or remuneration
must be paid shall not be applied to cinematographic works.
If the client needs any other information,
requires for further legal advice, or dispute with others on IP matters, our
Vietnam IP attorney, copyright lawyers in Vietnam at
ANT Lawyers, we will be available for service.
ANT Lawyers - a Law
firm in Vietnam with international standard, local expertise
and strong international network. We focus on customers’ needs and provide
clients with a high quality legal advice and services. For advice or service
request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86
529.
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