Chương I Luật Sở hữu trí tuệ 2005: Điều kiện bảo hộ quyền tác giả và quyền liên quan

Chapter I

CONDITIONS FOR PROTECTION OF COPYRIGHT AND RELATED RIGHTS

Section 1. CONDITIONS FOR PROTECTION OF COPYRIGHT

Article 13. Authors and copyright holders with works which are protected by copyright

1. Organizations and individuals with works which are protected by copyright comprise persons who directly create such works and copyright holders stipulated in articles 37 to 42 inclusive of this Law.

2. Authors and copyright holders stipulated in clause 1 of this article shall comprise Vietnamese organizations and individuals; foreign organizations and individuals with works published for the first time in Vietnam and not yet published in any other country, or with works also published in Vietnam within thirty days after publication for the first time in another country; and foreign organizations and individuals with works which are protected in Vietnam pursuant to an international treaty on copyright of which the Socialist Republic of Vietnam is a member.

Article 14. Types of works which are protected by copyright

1. Literary, artistic and scientific works which are protected by copyright comprise:

 (a) Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters;

 (b) Lectures, addresses and other speeches;

 (c) Press works;

 (d) Musical works;

 (dd) Stage works;

 (e) Cinematographic works and works created by a process analogous to cinematography (hereinafter all referred to as cinematographic works);

 (g) Plastic art works and applied art works;

 (h) Photographic works;

 (i) Architectural works;

 (k) Sketches, plans, maps and drawings related to topography or scientific works;

 (l) Folklore and folk art works;

 (m) Computer programs and data collections.

2. Derivative works shall only be protected pursuant to the provisions of clause 1 of this article if such protection is not prejudicial to the copyright in the works used to create such derivative works.

3. Protected works as stipulated in clauses 1 and 2 of this article must be created personally by authors through their intellectual labour and without copying the works of others.

4. The Government shall provide detailed guidelines on the types of works stipulated in clause 1 of this article.

Article 15. Subject matter outside the category of copyright protection

1. News of the day as mere items of information.

2. Legal instruments, administrative and other documents in the judicial domain, and official translations of such documents.

3. Processes, systems, operational methods, concepts, principles and data.

Section 2. CONDITIONS FOR PROTECTION OF RELATED RIGHTS

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

1. Actors and actresses, singers, instrumentalists, dancers and other persons who perform literary and artistic works (hereinafter all referred to as performers).

2. Organizations and individuals who own performances defined in clause 1 of article 44 of this Law.

3. 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).

4. Organizations which initiate and carry out broadcasting (hereinafter referred to as broadcasting organizations).

Article 17. Subject matter of related rights eligible for protection

1. Performances shall be protected if they fall into one of the following categories:

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

 (b) They are made by foreigners in Vietnam;

 (c) They are fixed on audio and visual fixation and protected pursuant to the provisions of article 30 of this Law;

 (d) They have not yet been fixed on audio and visual fixation but have already been broadcast and are protected pursuant to the provisions of article 31 of this Law;

 (dd) They are protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

2. Audio and visual fixation shall be protected if it falls into one of the following categories:

 (a) It belongs to audio and visual fixation producers bearing Vietnamese nationality;

 (b) It belongs to audio and visual fixation producers protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

3. Broadcasts and satellite signals carrying coded programmes shall be protected if they fall into one of the following categories:

 (a) They belong to broadcasting organizations bearing Vietnamese nationality;

 (b) They belong to broadcasting organizations protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

4. Performances, audio and visual fixation, broadcasts and satellite signals carrying coded programmes shall only be protected pursuant to the provisions of clauses 1, 2 and 3 of this article on the condition that they are not prejudicial to copyright.