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Frequently Asked Questions: Related Right

14/11/2016 - 11:49

 

  1. Definition copyright-related rights:

Copyright-related rights (hereinafter referred to as related rights) mean rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program- carrying satellitesignals. 

  1. What work are protected by related right under IP Law?

Viet Nam IP Law 2005 provision subjects are protected by related right, include:

“ Article 17.- Subject matters of related rights eligible for protection

+ Performances shall be protected if they fall into one of the following cases:

a/ They are made by Vietnamese citizens in Vietnam or abroad;

b/ They are made by foreigners in Vietnam;

c/ They are fixed on phonograms or video recordings, and protected under the provisions of Article 30 of this Law;

d/ They have not yet been fixed on phonograms or video recordings but already been broadcast, and are protected under the provisions of Article 31 of this Law;

e/ They are protected under treaties to which the Socialist Republic of Vietnam is a contracting party.

+ Phonograms and video recordings shall be protected if they fall into one of the following cases:

a/ They belong to phonogram and video recording producers bearing the Vietnamese nationality;

b/ They belong to phonogram and video recording producers protected under treaties to which the Socialist Republic of Vietnam is a contracting party.

+ Broadcasts and encrypted program-carrying satellite signals shall be protected if they fall into one of the following cases:

a/ They belong to broadcasting organizations bearing the Vietnamese nationality;

b/ They belong to broadcasting organizations protected under treaties to which the Socialist Republic of Vietnam is a contracting party.

+ Performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals shall only be protected under the provisions of Clauses 1, 2 and 3 of this Article provided that they are not prejudicial to copyright.”

  1. Who are the related right Owners?.

Apart from the author of a work, the legal owner of a work shall be also entitled to right related protection. The legal owner of a work may be one of the following:   

“ Article 16.- Organizations and individuals eligible for protection of related rights

  • Actors/actresses, singers, instrumentalists, dancers and other persons who perform literary and artistic works (hereinafter referred to collectively as performers).
  • Organizations and individuals that own performances defined in Clause 1, Article 44 of this Law.
  • Organizations and individuals that first fix sounds and images of performances or other sounds and images (hereinafter referred to collectively as producers of phonograms and video recordings).
  • Organizations which initiate and carry out the broadcasting (hereinafter referred to as broadcasting organizations).”
  1. How long does a related right last?

“ Article 34.- Term of related right protection

  • The rights of performers shall be protected for fifty years counting from the year following the year of fixation of theirperformances.
  • The rights of producers of phonograms or video recordings shall be protected for fifty years counting from year following the year of publication, or fifty years counting from the year following the year of fixation of unpublished phonograms or videorecordings.
  • The rights of broadcasting organizations shall be protected for fifty years counting from the year following the year of the making of theirbroadcasts.
  • The term of protection specified in Clauses 1, 2 and 3 of this Article shall expire at 24:00 hrs. of December 31 of the year of expiration of related right protectionterm.”
  1. Who are Related right holders?

  • Organizations and individuals that use their time and invest their finance and material-technical foundations in making performances shall be owners of such performances, unless otherwise agreedwith the concernedparties.
  • Organizations and individuals that use their time and invest their finance and material-technical foundations in producing phonograms and/or video recordings shall be owners of such phonograms and/or video recordings, unless otherwise agreed with the concernedparties.
  • Broadcasting organizations shall be owners of their broadcasts, unless otherwise agreed with concernedparties.
  1. Some cases of use of related rights where permission and payment of royalties and/or remunerations are not required?.

+ Cases of use of related rights where permission and payment of royalties and/or remunerations are not requiredinclude:

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

b/ Duplication of works by authors for teaching purpose, except for performances, phonograms, video recordings or broadcasts which have been published for teaching purpose;

c/ Reasonable recitation for informatory purpose;

d/ Making of provisional copies of works by broadcasting organizations themselves for broadcasting purpose when they enjoy the broadcasting right.

+ Organizations and individuals that use the rights specified in Clause 1 of this Article must neither affect the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause any prejudice to the rights of performers, producers of phonograms and video recordings, and broadcastingorganizations.

  1. Some cases of use of related rights where permission is not required but payment of royalties and/or remunerations is required?.

  • Organizations and individuals that use related rights in the following cases shall not have to ask for permission but must pay agreed royalties and/or remunerations to performers, producers of phonograms and/or video recordings, or broadcastingorganizations:

a/ They directly or indirectly use phonograms or video recordings already published for commercial purposes in making their broadcasts, which are sponsored, advertised or charged in whatever form;

b/ They use phonograms or video recordings already published in business or commercial activities.

Organizations and individuals that use the rights specified in Clause 1 of this Article must neither affect the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause any prejudice to the rights of performers, producers of phonograms and video recordings, and broadcastingorganizations.

  1. Acts of infringing upon related rights ?

  • Appropriating the rights of performers, producers of phonograms and/or video recordings and broadcastingorganizations.
  • Impersonating performers, producers of phonograms and video recordings and broadcasting organizations.
  • Publishing, producing and distributing fixed performances, phonograms, video recordings and broadcasts without permission of performers, producers of phonograms and video recordings and broadcastingorganizations.
  • Modifying, mutilating or distorting performances in whatever form prejudicial to the honor and reputation ofperformers.
  • Copying or reciting fixed performances, phonograms, video recordings and broadcasts without permission of performers, producers of phonograms and video recordings and broadcasting organizations.
  • Disengaging or modifying right management information in electronic form without permission of related rightholders.
  • Willingly canceling or deactivating technical solutions applied by related right holders to protect their relatedrights
  • Publishing, distributing or importing for public distribution performances, copies of fixed performances or phonograms or video recordings when knowing or having grounds to know that right management information in electronic form has been disengaged or modified without permission of related rightholders.
  • Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing equipment when knowing or having grounds to know that such equipment help illegally decode an encrypted program-carrying satellitesignal.
  • Willingly receiving or relaying an encrypted program-carrying satellite signal when such signal has been encoded without permission of the legaldistributor.

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Email: hanoi@newvisionlaw.com.vn.

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