Tiếng Việt
Table of Contents
1. What is copyright?
2. Types of works protected by copyright
3. What rights does copyright include?
4. How long is the term of copyright protection?
1. What is copyright?
According to Clause 2, Article 4 of the 2005 Intellectual Property Law, amended and supplemented in 2009 and 2022, it is stipulated that: “2. Copyrights are the rights of organizations, individuals to works created or owned by them.”
2. Types of works protected by copyright
According to Article 14 of the 2005 Intellectual Property Law, amended and supplemented in 2009 and 2022, the types of works protected by copyright are:
“Article 14. Forms of protected works
1. Literary, artistic and scientific works protected including:
a) Literary and scientific works, textbooks, teaching materials, and other works
expressed in forms of letters or other writing characters;
b) Lectures, presentations and other speeches;
c) Journalistic works;
d) Musical works;
d’) Dramatic works;
e) Cinematographic works and works created by similar methods (hereinafter referred to as cinematographic works);
g) Fine art works and applied art works;
h) Photographic works;
i) Architectural works;
k) Graphics, sketches, maps, drawings relevant to topography and scientific works;
l) Folk artistic and literary works.
m) Computer programs and compilations of data
2. Derivative works shall only be protected according to paragraph 1 of this Article if they do not infringe the copyrights in respect of the works used to make derivative works.
3. Protected works stipulated in paragraphs 1 and 2 of this Article must be created directly by author’s intelligence without reproducing others’ works.
4. The Government sets out guidelines in details forms of protected works as stipulated in paragraph 1 of this Article.”
3. What rights are included in copyright?
Pursuant to Article 18 of the 2005 Law on Intellectual Property, amended and supplemented in 2009 and 2022, it is stipulated that: “Copyrights to works stipulated in this Law include personal rights and property rights. ”
– Personal rights:
According to Article 19 of the 2005 Intellectual Property Law, amended and supplemented in 2009 and 2022, on personal rights:
“Personal rights include the following rights:
1. To name his or her work;
2. To put his or her real name or pseudonym in the work; to have his or her real name or pseudonym mentioned when his or her work is published or used;
3. To publish his or her work or authorize another person to do so;
4. To protect the integrity of his or her work, to object to any alteration, mutilation, distortion or other modification in any form which prejudice against his or her honor and prestige.”
– Property rights:
According to Article 20 of the 2005 Intellectual Property Law, amended and supplemented in 2009 and 2022, on property rights:
“1. Property rights include the following:
a) To create the derivative work;
b) To perform the work to the public;
c) To reproduce the work;
d) To circulate to the public the original or copies of the work;
dd) To communicate the work to the public by wire or wireless means, through electronic information network or by any other technical means;
e) To lease the original or copies of a cinematographic work or a computer program.
2. The rights referred to in clause 1 of this Article shall be exercised by the author [or] the owner of exclusive copyright or by another person with the owner’s permission in accordance with this Law.
3. Organizations, individuals who exploit or use one, several or all of the rights stipulated in paragraph 1 of this Article and paragraph 3 of Article 19 of this Law must ask for permission from the copyright owners and pay them with royalties, remuneration and other material benefits.”
4. How long is the term of copyright protection?
According to Article 27 of the 2005 Law on Intellectual Property, amended and supplemented in 2009 and 2022, it is stipulated that:
“Article 27. Terms of copyrights protection
1. Personal rights stipulated in Articles 19.1, 19.2 and 19.4 of this Law shall be protected indefinitely.
2. Personal rights stipulated in Article 19.3 and property rights stipulated in Article 20 of this Law shall be protected with the following terms:
a) Cinematographic works, photographic works, dramatic works, applied art works, anonymous works shall have the term of protection of 50 years from their first publications. If within 50 years from the fixation, cinematographic work, dramatic works have not been published, the term of protection shall be 50 years from the fixation date of the work; with regard to an anonymous work, when information relating to the author is available, the term of protection shall be counted as stipulated in paragraph b of this clause;
b) Other works of any other type not referred to in clause 2(a) of this Article shall have the term of protection being during the life of the author and for 50 years from the year of his or her death; in respect of works created by co-authors, the term of protection shall be ended at the 50th year after the year of death of the last surviving co-author.
c) Terms of protection stipulated in paragraph 2.a and 2.b of this Article shall be ended at 24 o’clock of the date of 31 December of the year when the protection term ends.”