Copyright Law Firm in Vietnam

Copyright is violated on a regular basis in the music, publishing and software industries. We are a copyright consultant in Vietnam with lawyers with qualification and experience to assist client from application, protection, and dispute handling process.

 

Copyright in Vietnam

ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights 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.

With highly professional staff and great experience in Copyright and Related right aspect in Vietnam and other countries in the world, ANT Lawyers - Copyright Law Firm in Vietnam would like to support and represent the clients in protecting copyright and related right.

 

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Registering Copyright Services in Vietnam

Under Law on Intellectual Property of Vietnam, copyright means rights of an organization or individual to Work which such organization or individual created or owns. In addition, the subject matter of copyright shall comprise literary, artistic and scientific works; the subject matter of copyright related rights shall comprise performances, audio and visual fixation, broadcasts and satellite signals carrying coded programs.

 

Copyright Consultant in Vietnam

However, in fact, it is challenging to prove the owner’s copyright if there is no prior prepared evidence. A registration of copyright is the most important proof if violation or dispute happens. The copyright registration shall deter infringement, when owner can prove that the Work is protected under copyright law.

With highly professional staff and great experience in intellectual property aspect in Vietnam, ANT Lawyers would like to support you in registering and protecting your copyright and related rights in Vietnam as following:

Our services in copyright registration

-Provision of professional opinions and advice in relation to registration of copyright and related copyright;

-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;

-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;

-Appeal and cancellation;

-Proceedings before the judicial authorities.

How to register a copyright or related rights in Vietnam?

Condition of copyright registration

A Work shall be registered its owner’s copyright if it does meet the following conditions:

-The ideas of the Work shall be presented particularly in a visible material

-The Work shall be original (Be made directly by the author without copying from any other works or people).

Required information and document

-Original Power of Attorney (POA) from the Applicant;

-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …

-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …

-Business registration certificate or establishment certificate (if applicant is association or organization);

-Written promise of being ownership of the work of the applicant;

-Some other specialized document with each specified aspect.

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

 Duration of copyright protection

-The following rights are protected forever:

-Right to give titles to their works.

-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.

The following rights are protected within the stipulated duration in law

-Right to make derivative works;

-Right to display their works to the public;

-Right to reproduce their works;

-Right to distribute or import the original or copies of their works;

-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

-Right to lease the original or copies of cinematographic works and computer programs;

-Right to reproduce their works.

The protection duration of each type of Work with the above rights shall be different. In particularly, cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. Other work shall be protected for the whole life of the author and for fifty (50) years after his or her death.

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

 Source ANTLawyers: https://antlawyers.vn/legal-service/intellectual-property/registering-copyright-services-in-vietnam.html

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Cases of Using Published Works without Having Permission, without Paying for Royalties, Remuneration

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:

 

Copyright in Vietnam

-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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Signals of Copyright Infringement in Vietnam

Authors might find their copyright are infringed in Vietnam and would need legal services from a local legal and intellectual property firm to advise.

 

 Signals of Copyright Infringement in Vietnam

A literary, artistic or scientific work is an achievement from hard intellectual labor of the author. However, after publishing works, many authors find others use, print or trade their works without their prior written permission. The copyright infringement action can cause many material damages for authors when their intellectual labor achievements are used by others without prior asking and annual royalties. To ensure the rights of authors, the law strictly forbids from infringing and stipulates particularly as follows:

Appropriating copyright in a literary, artistic or scientific work.

Impersonating an author.

Publishing or distributing a work without permission from the author.

Publishing or distributing a work of joint authors without permission from the co-authors.

Modifying, editing or distorting a work in any way which prejudices the honour and reputation of the author.

Copying a work without permission from the author or copyright holder, except in the cases allowed by the Law

Making a derivative work without permission from the author or copyright holder of the work used for making such derivative work, except in the case allowed by the Law.

Using a work without permission from the copyright holder and without paying royalties, remuneration or other material benefits in accordance with law, except in the cases allowed by the Law.

Leasing out a work without paying royalties, remuneration or other material benefits to the author or copyright holder.

Duplicating, producing copies of, distributing, displaying or communicating a work to the public via a communications network or digital means without permission from the copyright holder.

Publishing a work without permission from the copyright holder.

Deliberately destroying or de-activating the technical solutions applied by the copyright holder to protect copyright in his or her work.

Deliberately deleting or modifying electronic information in a work regarding management of the rights to such work.

Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out equipment when knowing, or having grounds to know, that such equipment may de-activate technical solutions applied by the copyright holder to protect copyright in his or her work.

Making and selling a work with a forged signature of the author of such work.

Importing, exporting or distributing copies of a work without permission from the copyright holder.

With highly professional staff and great experience in Copyright and Related right aspect in Vietnam and other countries in the world, ANT Lawyers - Law firm in Vietnam would like to support and represent the clients in protecting copyright and related right.

 

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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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How to Use Published Works Without Permission or Pay Royalties, Remuneration?

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/orwithout paying the author or owner of copyright for royalties, remuneration.

Cases of using published works without having permission, without paying for royalties, remuneration include:

 

Copyright in Vietnam

-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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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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