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Frequently Asked Questions:Copyright

15/11/2016 - 08:54

Frequently Asked Questions:Copyright

1. Some cases of use of published works where permission and payment of royalties and/or remunerations are not required.

+ Cases of use of published works where permission or payment of royalties and/or remunerations is not requiredinclude:

a/ Duplication of works by authors for scientific research or teaching purpose;

b/ Reasonable recitation of works without misrepresenting the authors’ views for commentary or illustrative purpose;

c/ Recitation of works without misrepresenting the authors’ views in articles published in newspapers or periodicals, in radio or television broadcasts, or documentaries;

d/ Recitation of works in schools for lecturing purpose without misrepresenting the authors’ views  and not for commercialpurpose;

e/ Reprographic reproduction of works by libraries for archival and research purpose;

f/ Performance of dramatic works or other performing-art works in mass cultural, communication or mobilization activities without collecting any charges in any form;

g/ Audiovisual recording of performances for purpose of reporting current events or for teaching purpose;

h/ Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for purpose of presenting images of suchworks;

i/ Transcription of works into Braille or characters of other languages for the blind;

j/ Importation of copies of others’ works for personal use.

+ Organizations and individuals that use works defined in Clause 1 of this Article must neither affect the normal utilization of such works nor cause prejudice to rights of the authors and/or copyright holders; and must indicate the authors’ names, and sources and origins of theworks.

+The use of works in the cases specified in Clause 1 of this Article shall not apply to architectural works, plastic works and computerprograms.

2. Some cases of use of published works where permission is not required or but the payment of royalties and/or remunerations is required:

  • Broadcasting organizations which use published works in making their broadcasts, which are sponsored, advertised or charged in whatever form, shall not have to obtain permission but have to pay royalties or remunerations to copyright holders according to the Government’sregulations.
  • Organizations and individuals that use works defined in Clause 1 of this Article must neither affect the normal utilization of such works nor cause any prejudice to the rights of the authors and/or copyright holders; and must indicate the authors’ names, and sources and origins of theworks.
  • The use of works in the cases specified in Clause 1 of this Article shall not apply to cinematographicworks.

3.What are acts of infringing upon copyright

  • Appropriating copyright to literary, artistic or scientificworks.
  • Impersonatingauthors.
  • Publishing or distributing works without permission ofauthors.
  • Publishing or distributing works under joint-authorship without permission ofco-authors.
  • Modifying, mutilating or distorting works in such a way as prejudicial to the honor and reputation ofauthors.
  • Reproducing works without permission of authors or copyright holders, except for the cases specified at Points a and e, Clause 1, Article 25 of thisLaw.
  • Making derivative works without permission of authors or holders of copyright to works used for the making of derivative works, except for the cases specified at Point i, Clause 1, Article 25 of this Law;
  • Using works without permission of copyright holders, without paying royalties, remunerations or other material benefits according to the provisions of law, except for the cases specified in Clause 1, Article 25 of thisLaw.
  • Leasing works without paying royalties, remunerations or other material benefits to authors or copyrightholders.
  • Duplicating, reproducing, distributing, displaying or communicating works to the public via communication networks and by digital means without permission of copyrightholders.
  • Publishing works without permission of copyrightholders.
  • Willingly canceling or deactivating technical solutions applied by copyright holders to protect copyright to theirworks.
  • Willingly deleting or modifying right management information in electronic form inworks.
  • Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing equipment when knowing or having grounds to know that such equipment may deactivate technical solutions applied by copyright holders to protect copyright to theirworks.
  • Making and selling works with forged signatures of authors of originalworks.
  • Exporting, importing or distributing copies of works without permission of copyrightholders.

4. Can I protect my works internationally using copyright?

    Firstly, copyright protection is automatic in all states party to the Berne Convention Whilst there may be nuances to the particular national laws applicable in these states, in general there is a high degree of harmony.

When we consider states that are not party to the Berne Convention, you must remember that copyright laws are territorial. In other words, they apply within the country in which they were passed. As such, if you wish to protect your work internationally, you must research and make sure that you comply with the relevant legal requirements in the country(ies) in which you wish your work to be protected.

5.Can I copyright my software or mobile app?

Computer programs and other types of software are considered as literary works for copyright purposes. Therefore they receive automatic protection without the need for registration. In some countries, the process of voluntary registration for software may differ from that for other types of work.

6. My published work has been reproduced without my permission. What can I do?

Before taking any steps, you should carefully assess whether the reproduction is in fact an infringement of your copyright (refer to the question on limitations and exceptions to copyright). If you consider that there is an infringement of your right, you should try to identify the person responsible. If it is impossible or inappropriate to solve the problem by informal means, you can seek a legal remedy from a court or other authority.

It is usually possible to bring a claim before a civil court for monetary compensation and also to prevent the continuation or repetition of the infringement. Before taking this step though it is often advisable –to first send a formal notification to the alleged infringer, requesting him to stop the infringement and/or to pay compensation.

Alternatively, if the unauthorized reproduction amounts to the criminal offence of copyright piracy, a complaint may be submitted to the NOIP in Vietnam

In some cases, the use of alternative dispute resolution mechanisms (such as mediation, arbitration, expert determination, neutral evaluation, etc.) can provide a valuable alternative to court procedures, as they may lead to a settlement of the dispute in a simpler, faster and cheaper way.

If the unauthorized reproduction of the work is being made available through the internet, it may be possible to notify the relevant internet service provider, asking it to prevent access to the infringing copy. Such procedures are generally known as “notice-and-take-down (procedures)”.

 

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