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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How do I find out whether a product is copyrighted or not?

All artistic, literary, and musical works have copyright protection the instant they are fixed in a physical form.

Copyright in Vietnam 

-If you sketch an illustration on a cocktail napkin, it’s copyrighted.

-If you take a photograph with a camera, it’s copyrighted.

-If you write a blog post that has at least a minimal degree of creative authorship, it’s copyrighted.

-If you make up a new tune and record yourself whistling it, it’s copyrighted.

However, that copyright doesn’t last forever. The duration of copyright protection varies from country to country, and may depend on such factors as whether it was created by an individual or a corporation, and if and when it was published. For most countries, copyright protection lasts for 50–70 years after the creator’s death.

So, find out what the laws of your country are on copyright duration, and research the relevant factors for the creative work whose copyright you are trying to determine.

Source:David Mullich

If you are interested in finding a Copyright Law Firm in Vietnam, let ANT Lawyers help. We can connect you with a skilled lawyer that is much more affordable than a traditional law firm attorney. Check us out and please get in touch if you’d like more assistance. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529. Best of luck!

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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 protect intellectual property for my software?

First, you must protect the code. You must have agreements with the developers, confirming that any code they will develop working on your project is your sole property. This is a must. You might want an attorney to draft the agreement. Copyright will protect the code once it is created, you might get an official protection. However, you will have to publish the source code, in this case.

Software Compliance Lawyer in Vietnam

Second, you must protect the trademark (this can wait if you are low on cash). It has to be protected, otherwise someone else can monetize on your success, nonetheless, you can protect it once your software starts selling. However, I do recommend checking if the name is available prior to naming your software, it might be painful to change the name when the software is published.

Third, you can protect some features of your software with patents. Patents are the main reason why Microsoft is flourishing.

Source: Quora

If you are looking for an IP attorney, but are concerned about the typical costs associated with the traditional legal search, you should visit ANT Lawyers where we work to trim those costs. We will match you with an experienced IP attorney in Vietnam for a free, no obligation consultation. Hope this helps.

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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).

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.

Source: Quora

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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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Sanctioning for violations of computer software copyright

According to Article 2 (viii) of the Stockholm Convention on 14 July 1967 on the establishment of the World Intellectual Property Organization, intellectual property is defined as the rights related to: Literary works, art and science works, performance of performers, sound recording, video recording, inventions in all areas of human endeavor, Scientific Invention, Industrial Designs, Trademarks (goods), service marks, trade names and indications , logos, Rights (protection) against unfair competition and all other rights are the result of Intellectual activities in industry / engineering, science, literature or arts.

The Berne Convention gives authors a lifetime of copyright and a minimum of 50 years thereafter. However, countries that comply with the convention are allowed to extend the term of copyright.

Software Compliance Law Firm in Vietnam

Depending on the laws of each country, works may be regulated and may have different protections. Copyright infringement of a work can be understood as an act of verbatim copying of part or the whole of a pre-existing work but without the permission of the copyrighted person or unauthorized transmission of part or the whole of a work which is not under his copyright. More specifically, the text is not copied verbatim, but the whole idea as well as the order of presentation of a work are copied. This type of infringement is harder to spot but can still be considered a form of copyright infringement if there is evidence that a "copy" is imitating the prototype. It can be seen that the examples in the master thesis do not specify the source and the main author. The text is not copied in its original form but translated with creative ideas (in other languages ​​or in other formats) is also considered copyright infringement.

Under the 2005 Intellectual Property Law, computer programs or computer software are protected by copyright as protection of a literary work whether expressed in source code or machine code. Therefore, copyright in computer software is also fully protected with personal rights and related rights. The protection of laws on intellectual property products is the basis to encourage individuals and organizations to create useful products. But with the current situation of infringement of intellectual property rights, especially for computer programs and software, the copyright infringement is up to 80%. Most of the computer software programs, if individuals want to use it, have to pay royalties to manufacturers. Normally, this fee is calculated annually, but many individuals and organizations use this reason to use pirated software without copyright.

So how will violators be penalized? Depending on the seriousness, violators may be administratively sanctioned or examined for criminal prosecution. Specifically:

Firstly, regarding administrative handling: Organizations and individuals will be fined from VND 15,000,000 to VND 35,000,000 / 1 software product, if they commit acts of copying computer programs without permission of the copyright owner. At the same time, these organizations and individuals will be forced to remove infringing copies on the digital and cyber environment or destroy the material evidence. According to Article 18 of Decree No. 131/2013 / ND-CP (amended and supplemented by Decree No. 28/2017 / ND-CP), specifically:

A fine of from VND 15,000,000 to VND 35,000,000 shall be imposed for copying a work without permission of the copyright owner. At the same time, the application of remedial measures is to force the removal of copies of infringing works in electronic form, on digital and network environment or forcible destruction of infringing material evidences.

Secondly, on criminal prosecution:

Article 225 of the Criminal Code 2015 (amended in 2017) provides for the Crime of infringement of copyright and related rights as follows:

"Those who are not allowed by the copyright or related right owner to intentionally commit one of the following acts, infringe the copyright and related rights being protected in Vietnam on a commercial scale or gain illicit profits of between VND 50,000,000 and under VND 300,000,000 or cause damage to copyright or related rights owner from VND 100,000,000 to under VND 500,000,000 or infringing goods valued at from VND 100,000 .000 VND to less than VND 500,000,000 will be imposed a fine of from VND 50,000,000 to VND 300,000,000 or face non-custodial reform for up to 03 years:

a) Copying works, sound records, video records;

b) Distribute to the public a copy of the work, a copy of the sound recording, a copy of the video recording. "

In cases of aggravating factors, a fine of between VND 300,000,000 and VND 1,000,000,000 will be imposed or a prison term of between 6 months and 3 years. If a commercial entity commits an offense, the fine level will be higher for an individual, possibly liable to a fine of from VND 500,000,000 to VND 5,000,000,000, suspended from operation for between 06 months and 02 years or banned business, banned activities in certain fields or raising capital from 01 year to 03 years. The applicable penalty will depend on the seriousness of the violation.

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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Main points of the Berne Convention on copyright?

The Berne Convention is a convention for the protection of works of art signed in Berne, Switzerland in 1886. The Convention sets out three basic principles and a the provisions defining minimum protection as well as special provisions for developing countries on copyright.

Copyright in Vietnam

1. The principles of copyright protection under the Berne Convention

1.1. Principle of national treatment

The principle of national treatment is the basic and important principle not only recognized in the Berne Convention but also in many other international treaties on intellectual property as well as in the laws of many countries in the world.

1.2. Principles of automatic protection

Copyright protection is the protection of individual creativity in the form of expressing ideas, therefore, when people create and express ideas in a certain objective form, they also generate copyright without a conditions or procedures.

1.3. Principles of independent protection

The enjoyment and performance of the rights of independent protection are not subject to any formula or procedures; this enjoyment and performance are completely independent of whether the work is protected in the country of origin or not. Therefore, in addition to the provisions of this Convention, the level of protection as well as the means of claiming guarantees for authors to protect their rights will be entirely determined by the law of the country where the protection is applied.

2. Impact of copyright protection principles in the Berne Convention on Vietnam

When Vietnam joined the Berne 1886 Convention, there were changes and impacts on the system and process of copyright protection. In October 2004, the Berne Convention entered into force in Vietnam. It can be said that it marked an important step in the process of international integration and can be considered as a day to open a future for the copyright industry in Vietnam.

The Berne Convention has created a legal framework, creating a basis for Vietnam to improve the system of copyright protection laws (Intellectual Property Law, Civil Code) in accordance with international treaties, provide a legal environment for comprehensive international integration. The accession to the Berne Convention is open to authors, owners of works, financial investors and services in this area of ​​Vietnam that may facilitate the transfer of copyrights of type of literary, artistic and scientific works.

Prospects for expanding investment and expanding the market of Vietnamese literary and artistic works in the convention member countries and the convention's member states in Vietnam are developed. In addition, Vietnam's cultural environment is also purified, avoiding copyright infringement, using other people's works to exploit excluded profits.

According to the Berne Convention with the principle of automatic protection, works of Vietnamese authors will be automatically protected for all countries that are parties to the Convention. But at the same time, with that benefit, it is the responsibility of protection of works by authors from over 160 Berne Union member countries. The objects are literary, artistic and scientific works that Vietnam has to protect very diverse. This is really a heavy responsibility, requiring us to seriously implement our commitment to copyright protection.

3. Achievements and obstacles when Vietnam joins the Berne Convention

Since Vietnam joined the Berne Convention, in social life, awareness of the use of literary, artistic and scientific works for profit purposes without permission of the author is a violation of the law is increasing. The authors have taken more care and initiative in protecting their creations or possessive. Organizations and associations that protect the rights of authors increasingly assert their role, effectively protect the rights in accordance with the law of the author.

However, the situation of copyright infringement is still complicated with frequent levels in most areas and in an alarming situation. The authorities have encountered many difficulties in the enforcement of copyright. The handling of violations of copyright still faces many difficulties and inadequacies. Currently, there has not been adequate attention to the copyright incentives enjoyed by Vietnam.

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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How does a patent differ from a copyright?

Copyright protects a creative work, fixed in a tangible medium. Patents protect an invention, including a method, article of manufacture, machine, drug, etc.

Patent Attorney in Vietnam

Copyright is automatic, as soon as you create the work. It can also be registered by providing a copy of your work to the Library of Congress (in the US) or similar entity in other countries, which provides you with the ability to sue for statutory damages for infringement, collect attorney fees, etc. Copyright is cheap, around $35 to register a work, and lasts for the lifetime of the author plus 70 years. BUT, it doesn't stop someone else from making the same exact work independently - only if they actually COPY you. For example, if someone lived in a cave for years and independently, without ever hearing about Harry Potter, wrote a story about a boy wizard with a scar who visits Bogwarts Castle and fights the unmentionable one, that wouldn't infringe Rowling's copyright (but good luck proving that they never heard of it).

Copyright is very useful where your specific work is desired, such as a AAA game, a famous work of art or novel, a tv show or movie, music from a specific artist, etc.  It isn't useful where consumers want the functionality, like "a mobile match-3 game" or "a word processor" but don't care who it comes from. For example, copyright is great for protecting "Star Wars: The Force Awakens" because consumers want that rather than the knock off "Space Game: Power Wakes Up"... but it isn't that helpful for protecting "Tiny Tower" vs. "Dream Heights" vs. "Sim Tower" vs. "Tower Game", etc., etc.

Patents, on the other hand, protect implementations of the underlying idea. A patent prevents others from making, using, selling, or importing the invention, even if they independently create it.  Patents prevent those knock offs - it doesn't matter what you call your machine; if it does the same thing, in the same way, with the same parts, as someone's patented machine, it infringes. Patents are much more powerful than copyright in that way... but they only last 20 years from the date of filing, and can cost between $10-25k to obtain, sometimes more, and it may be several years from filing before they are issued. Patents are examined by patent examiners with experience in the relevant industry, and are only issued when the examiner is assured that the invention is new, non-obvious, and sufficiently described in the patent application to enable another person of skill in the art to make and use the invention.

Patents and copyrights can cover the same thing - software is copyrighted as soon as it's written, since it's a work of creativity; but it can also be covered by a patent on the functionality. This overlapping protection is useful for protecting against different types of infringement, from piracy to competitors.

Related post: What is difference between copyright and patent?

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