Copyright in Vietnam

Copyright means the rights that creators have over their literary and artistic works including software, database, technical drawings, maps, books, music, paintings, photograph, architecture, sculpture, and films, advertisements…

Copyright in Vietnam

Developing countries tend to have lower IP indexes than developed countries. However, with the integration into the global economy through signing trade agreements, the bar for protection of life sciences IP, copyrighted content online, and enforcement against IP theft have been raised in developing countries including Vietnam because it realizes the benefits it brings. Hence, Vietnam has reviewed and changed its IP law in a way that better protect copyrights in Vietnam.

We are a copyright consultant in Vietnam with lawyers having suitable qualifications and experience to assist client from application, protection, and dispute handling process.

ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights in Vietnam as following:

-Advise legal matters of copyright and related rights in Vietnam and abroad;

-Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;

-Complete the applications and file to register copyright and related rights;

-Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.

It is important to register copyrights in Vietnam for better protection hence our IP attorney at ANT Lawyers always strive our best to provide copyright registration services in Vietnam to client. 

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How Copyright Related Rights Are Regulated?

Copyright related rights (hereinafter referred to as related rights) means rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmers. Related rights shall arise at the moment of the above subject matters are fixed or displayed without causing loss or damage to copyright. Principally, related rights are protected by state agency even without the registration. However, the related right owner still may perform the registration procedures for being granted of copyright related right certificate by state agency. The copyright related rights registration could also be assisted by IP attorney in Vietnam.

 

Copyright in Vietnam

Which individuals/organizations are eligible for protection of related rights?

The three following subjects are entitled for being protected copyright related rights (i) actors and actresses, singers, instrumentalists, dancers and other persons who perform literary and artistic works (hereinafter all referred to as performers); (ii) organizations and individuals who own performances; (iii) organizations and individuals who fix for the first time the sounds and images of performances or other sounds and images (hereinafter all referred to as producers of audio and visual fixation); (iv) organizations which initiate and carry out broadcasting (hereinafter referred to as broadcasting organizations).

The specific subject matters of copyright related rights which are protected under the law of Vietnam are:

Firstly, performance shall be protected if they fall into one of the following categories (i) it is made by Vietnamese citizens in Vietnam or abroad; (ii) it is made by foreigners in Vietnam; (iii) it is formed on audio and visual fixation; (iv) it has not yet been formed on audio and visual fixation but have already been broadcast (v) it is protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

Secondly, audio and visual fixation shall be protected if it falls into one of the following categories (i) it belongs to audio and visual fixation producers bearing Vietnamese nationality; (ii) it belongs to audio and visual fixation producers protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

Thirdly, broadcasts and satellite signals carrying coded programmers shall be protected if they fall into one of the following categories (i) they belong to broadcasting organizations bearing Vietnamese nationality (ii) they belong to broadcasting organizations protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

It is necessary to take note that the above subject matters are only be protected in the condition that they are not prejudicial to copyright.

If Client needs any more information or request for legal advice regarding copyright related right or other matters of intellectual property, IP attorney in Vietnam at ANT Lawyers could assist.

 

 

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What is the meaning of Copyright?

Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively.

Copyright in Vietnam 

Those rights include:

-The right to reproduce the work

-To prepare derivative works

-To distribute copies

-To perform the work

-And to display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions.

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has rights to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about.

Moral Rights

Though moral rights are not currently recognized in the United States, they’re a major element of European copyright law and are becoming increasingly important as the Web becomes more globalized.

Moral rights are a set of rights that are separate from the author’s copyright on a piece. These rights are generally considered inalienable, which means that they can not be given away or sold, and thus persist even if the copyright to a work is completely sold.

As defined by the Berne Convention, the moral rights of an author are as follows:

-The right to claim authorship of the work

-The right to object to any distortion, mutilation or modification of the work

-The right to object to any derogatory action that may damage the authors honor or reputation

It is easy to see how moral rights can be useful in fighting plagiarism since such an act is not only a violation of the author’s copyright, if he or she holds it, but also the moral rights. It may also be useful in cases where the copyright of a work has been lost, either sold or given away, but plagiarism continues.

Source: Quora

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How much of a copyrighted material can be used under fair use?

Fair use is a defense to copyright infringement; it essentially makes allowable some instances of copyright infringement, such as educational purposes or parody.

Copyright in Vietnam

What makes fair use difficult is that there is no brightline test or rule to apply in all instances; it varies on a case-by-case basis. There are 4 main factors that courts examine for fair use:

-Purpose and character of your use (educational? commercial (i.e. to make money)? comment or criticism? etc.);

-Nature of the copyrighted work (more creative = more protection: fiction book gets more protection than fact-based article b/c facts aren’t copyrightable);

-Amount and substantiality of the portion used (how much of the work was used? does it go to “heart of the matter?”); and

-Effect on potential market (not just effect on current market. might someone use the infringing work instead of something from the copyright owner?

This article is for informational and educational purposes only. This should not be taken as a substitute for legal advice. This does not create an attorney-client relationship with anyone who reads it.

Source: Quora

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How do I use samples in my music without infringing copyrights?

It depends on a couple of things: how you plan to use the music and whether or not the average listener will be able to identify the samples.

Copyright in Vietnam

Typically, you won’t have an issue if you abide by the following:

-Only use the music for personal use (as in you make absolutely no money)

-You are performing the music live (as in you are not copying and selling the music).

-If you do distribute to the public, then the average listener can’t tell what the samples are or if your use falls under the “fair use” category.

Meeting Fair Use Requirements:

-When making this determination, the courts will consider the following points:

-Did the original owner suffer financially due to your use of their samples?

-Did you totally transform the sound to create a brand new song?

-Did you take a large portion of the original song?

-Keep in mind, many of these questions are subjective and it’s not a clear cut situation by any means.

When it doubt: Ask permission. This is the absolute easiest way to avoid any kind of litigation. Reach out the the original owner and simply ask them if you can use a sample of their music to incorporate in your own. Usually you will need to obtain permission from the copyright owner of the song (publisher) and the copyright owner of the master tape (record company).

If you’d like to discuss your situation more in depth—connect with us at ANT Lawyers. We can put you in touch with a seasoned copyright attorney that can answer your questions fully and offer guidance about where you should go from here. Check out our website to learn more about our services and connect for a consultation.

It is wise to consult the advice of a IP attorneys in Vietnam to help assist you with your trademark. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including intellectual property rights.

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The provisions of law on copyright infringement

The US-China trade war, especially disputes over intellectual property (IP), once again alarmed business executives about the importance of complying with laws and strengthening management capacity for protecting and avoiding infringement of IP rights of any other country, when participating in global "games". One of the most vulnerable objects of intellectual property is computer software. So, in Vietnam, what are the policies to overcome piracy of computer software?

Copyright in Vietnam

Referring to the operation of the WTO, people often mention the activities of the Trade Council under the General Assembly. There are three trade councils (as known as three "pillars" of the WTO): the Council for Trade in Goods, the Council for Trade in Services and the Council of Trade-Related Aspect of Intellectual Property Rights. In particular, the Council on Trade-Related Aspect of Intellectual Property Rights is responsible for activities that fall within the scope of the  Agreement on Trade-Related Aspect of Intellectual Property Rights (TRIPS Agreement), as well as coordination with other international organizations in the field of IP rights.

According to the request of the TRIPS Agreement, each member state or WTO member must give full and effective protection of intellectual property rights to citizens of other WTO members in accordance with the principle of national treatment and most favored nation. Specifically, members must have a legal system and apparatus to protect intellectual property rights (including: copyright and related rights, patents, business secrets, trademarks, industrial designs, integrated circuit layout design, geographical indications and unfair anti-competitive rights) meet the TRIPS Agreement minimum standards for content, scope, time limits and enforcement of rights.

Besides, the Berne Convention allows authors to enjoy copyright for a lifetime and a minimum of 50 years thereafter. However, countries that comply with the convention are allowed to extend the term of copyright. Regarding the world situation, through free trade agreements, developed countries like the United States and Japan ... want to work towards a stronger enforcement mechanism than the standards set forth in the agreement when it comes to the trade of intellectual property rights. In particular, developed countries tend to "criminalize" intellectual property infringements by expanding the subject of criminal enforcement measures to infringements of inventions, business secrets, trademarks, industrial designs, integrated circuit layout design, ... not just violations of trademarks, copyrights and related rights. Criminally infringed intellectual property rights also tend to be expanded.

Vietnam is increasingly integrating deeply into the economy with the region and the world through free trade agreements with leading partners such as the United States, Japan and the European Union. The enforcement of intellectual property rights by criminal means is one of the important contents in the negotiation of new generation free trade agreements and is particularly emphasized by development partners. In recent years, the law on enforcement and protection of intellectual property rights, including enforcement by criminal measures, has been constantly strengthened, improved and contributed to improving the effectiveness of enforcement activities to protect IP rights. With the efforts of the Government, the activities of protecting copyright and related rights have made significant progress. The State has issued many legal documents on this field, the Vietnamese laws have been developed and completed from the practice of management and administration for copyrigh, acquired international standards, met the requirements to promote effective protection and international integration.

Regarding the protection of intellectual property rights, especially for computer software, Vietnam has signed many bilateral and multilateral international treaties related to copyright and related rights. Accordingly, Vietnam has an obligation to protect copyright and related rights under international treaties to which Vietnam is a member. At the Resolution of the 9th Plenum of the Party Central Committee, Session XI (Resolution No. 33-NQ / TW) on building and developing culture and people of Vietnam to meet the requirements of sustainable development of the country, stated: “Raising awareness of the implementation of legal provisions on copyright and related rights in the whole society. Strengthen and enhance the operational efficiency of copyright management agencies and agencies from central to local levels.”

Criminal Code No. 12/2017 / QH14 amending and supplementing a number of articles of the Criminal Code No. 100/2015 / QH13, effective from January 1, 2018, demonstrating the determination of the Vietnamese Government to strictly enforce against copyright and related rights violations, including computer software copyrights. Under the new provisions of the amended Criminal Code, for the first time, commercial legal entities shall be criminally responsible for crimes infringing copyright and related rights. Article 225 of the amended Criminal Code has introduced sanctions to overcome violations of copyright and related rights. Including  computer software  copyright. With the new strict penalty framework that the Criminal Code 2015 will apply to commercial entities that intentionally violate computer software copyrights in particular and copyrights in general, the rate of software piracy Vietnam will be able to significantly reduce, create a fair competitive business environment for businesses, as well as promote the development of the socio-economy in the context of Vietnam's deep and broad integration into the international economy.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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What is the Copyright Registration Process Workflow?

Copyright is defined as a legal right of the owner of intellectual property. It is an exclusive right of the original creator to reproduce the work. Copyright provides the exclusive right to the creator of the original material to further develop for a given period of time.

Copyright Law Firm in Vietnam

Copyright is an exclusive right granted by the law to the creators of literary, artistic, musical or dramatic works and to film producers as well. It also includes right related to reproduction, communication to the public, translation of work. It provides safeguards to the author for their creations, thereby protecting their creativity.

When a person creates an original product which requires a significant mental activity to create, then it needs to be protected from unauthorized duplication. Copyright can be done of only unique creations related to art, poetry, musical lyrics, novels, films, graphic design, architectural etc. It is considered to be original in case the author created it from their independent thinking. Copyright can be voluntarily registered by the original owner, preventing others from using or replicating it.

Copyright provides protection to the efforts of artists, writers, designers, musicians, and architects and it also promotes others to create.

Any type of work cannot be copyrighted. Copyright does not protect ideas, concepts and brand names, logo, domain names can also not be protected. Any work that requires copyright must be in intangible form.

Copyright, trademark, patent are generally used interchangeably, however, Copyright, Trademark and Patent are different forms of protection.

Trademark protects products which are used to differentiate the product of one with the product of another. It includes words, logos, symbols, and brand names.

Patents protect inventions of the inventor for a limited period of time, it includes industrial processes, machines & chemicals.

Copyright registration can be done in relation to published or unpublished work. In the case of registered unpublished work, a manuscript is required to be sent along with the application for affixing the stamp in proof of the work having been registered. If two copies of the manuscript have been sent then one copy of the manuscript duly stamped will be returned while the other copy will be retained by in the office for record purpose and will be kept confidential. Instead of a manuscript an applicant can also send the extracts from the unpublished work and can ask for the return after being stamped with the seal of the corporate office. After that applicant may apply for the changes in the Register of Copyright with the prescribed fees.

Every type of literary or artistic work can be copyrighted in relation to a website or computer program. It ensures protection for the creator and provides significant rights over their creation.

Registration Procedure

For the purpose of registration of the copyright an application can be made in the prescribed format as prescribed in the first schedule of the rules;

An application shall be made with the requisite fees prescribed;

The application must be signed by the applicant in whose favor the power of attorney has been executed;

The separate application is required to be filed for the registration of each work.

Filing of an Application

After filing a copyright application with the complete details, the author or owner has to wait for a mandatory period of 30 days for any objection that can be filed in the copyright office against the applicant.

In the case of any objection, it will take another one month to take a decision regarding whether the work can be registered with the registrar of copyrights after giving the opportunity of being heard.

Examination

If within the said period of 30 days no objection is filed then the application shall be examined by the examiner or in the case of any objections raised by the examiner for any further documentation required. After this response to the examination report has to be filed within 30 days.

Registration

After the objections are overcome to the satisfaction of the copyright office, A copyright registration certificate is issued.

Copyright Registration Process Workflow

The Term of Copyright Granted

The term of protection granted to the copyright owner depends on the type of work that needs to be protected. Copyright protection granted in relation to literary, musical or artistic work which extends to the period of a lifetime of the author and 60 years from the year in which the author dies. In case the work has not been performed during the lifetime of the author than the Copyright Registration protection shall be continued for a period of 60 years from the end of the year in which any activity is done in relation to work. Films or the computer programs are protected for a period of 60 years from the end of the year in which work is made available to the public with the consent of the owner whereas.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

Source: Quora

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What is the copyright process?

For works first published after March 1, 1989, an author need not include a copyright notice to be protected under the law. Although a notice is not required, it’s super worth it for you to obtain one and list it on your website. When a work contains a valid copyright notice, an infringer cannot claim in court that s/he wasn’t aware the work was copyrighted. Thus, an author has a greater chance to win a copyright infringement case and spend much less litigating in the process if s/he has a copyright notice.

Copyright in Vietnam 

If a work is created on or after January 1, 1978 then it is protected for a term of the life of the author plus 70 years. However, if the work is a “work for hire” or is published under a pseudonym, the copyright lasts between 95 and 120 years, depending on the date the work is published.

Regarding your specific question, the U.S. Copyright Office has some helpful info on how to copyright Registering a Work (FAQ) & Copyright in General (FAQ). Be sure to check out Stanford’s Copyright & Fair Use website too.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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What is a Copyright?

Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively. Those rights include:

 Copyright in Vietnam 

-The right to reproduce the work

-To prepare derivative works

-To distribute copies

-To perform the work

-To display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions.

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has near carte blanche to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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