Chương 2 Nghị định 100/2006/NĐ-CP: Quyền tác giả

Chapter II

COPYRIGHT

Article 8.- Authors

1. Authors means persons who personally create part of or the entire literary, artistic or scientific works and include:

a/ Vietnamese individuals who have works covered by copyright protection;

b/ Foreign individuals who have works created and expressed in whatever material forms in Vietnam;

c/ Foreign individuals who have works first published in Vietnam;

d/ Foreign individuals who have works protected in Vietnam under international conventions on copyright to which Vietnam is a contracting party.

2. Organizations and individuals that render supports, give comments or supply documents to others to create works shall not be recognized as authors.

Article 9.- Works presented in other characters 

Works presented in other characters specified at Point a, Clause 1, Article 14 of the Intellectual Property Law means works presented in signs or symbols instead of written languages, i.e., Braille for the blind, shorthand signs and other similar signs, which can be reproduced or copied in different forms by interested parties.

Article 10.- Lectures, addresses and other sermons

Lectures, addresses and other sermons specified at Point b, Clause 1, Article 14 of the Intellectual Property Law constitute a type of work presented in spoken languages and required to be fixed in whatever material forms.

Article 11.- Press works

Press works specified at Point c, Clause 1, Article 14 of the Intellectual Property Law shall take the following forms: news articles, quick notes, news reports, interviews, features, investigative stories, commentaries, editorials, special articles, memoirs or other forms, which are published or transmitted on the print, audio, visual or online media or other media.

Article 12.- Musical works

Musical works specified at Point d, Clause 1, Article 14 of the Intellectual Property Law means works presented in the form of musical notes in musical pieces or other musical characters, with or without lyrics, regardless of whether they are performed or not.

Article 13.- Dramatic works

Dramatic works specified at Point e, Clause 1, Article 14 of the Intellectual Property Law means works of various performing arts, including drama (play, ballet, opera, pantomime), circus, dance, puppetry and works of other theatrical genres.

Article 14.- Cinematographic works

Cinematographic works and works created by a process analogous to cinematography specified at Point f, Clause 1, Article 14 of the Intellectual Property Law means works each consisting of a sequence of images that, when viewed in rapid succession, gives the appearance of movement, with or without soundtracks, fixed on a specific medium, able to be distributed or communicated to the public by technical devices and technologies, and including feature films, documentaries, scientific films, cartoons and other similar genres.

Article 15.- Plastic-art works and works of applied art

1. Plastic-art works specified at Point g, Clause 1, Article 14 of the Intellectual Property Law means works presented by lines, colors, three-dimensional figures or layouts, such as works of fine-arts, graphic arts, sculpture, installation arts and similar forms of presentation, which are available in unique copies. Particularly, a work of graphic art may be presented in as many as 50 copies which are ordinally numbered and bear the author’s signature.

2. Works of applied arts specified at Point g, Clause 1, Article 14 of the Intellectual Property Law means works presented by lines, colors, three-dimensional figures or layouts, having useful features associated with useful objects, and being mass-produced by hand or by machines, such as: logos; handicraft and fine-arts articles; expressions on products or packages.

Article 16.- Photographic works

Photographic works specified at Point h, Clause 1, Article 14 of the Intellectual Property Law means works showing images of the objective world on photosensitive materials or other media on which images are created or can be created by any technical methods (chemical, electronic or other methods).

Still images taken from a cinematographic work or a work created by a process analogous to cinematography shall not be regarded as photographic work but part of that cinematographic work.

Article 17.- Architectural works

Architectural works specified at Point i, Clause 1, Article 14 of the Intellectual Property Law means design drawings in any forms conveying creative ideas about houses, construction works or spatial plans (construction plans), completely built or not. An architectural work consists of design drawings of floor space, elevation, cross-section and perspective, which convey creative ideas about a house, a work or an architectural complex, spatial organization or landscape architecture of an area, an urban center, system or functional quarter, or a rural population area.

Models or relief plans of houses, construction works or spatial plans shall be recognized as independent architectural works.

Article 18.- Sketches, plans, maps and drawings

Sketches, plans, maps and drawings specified at Point j, Clause 1, Article 14 of the Intellectual Property Law include sketches, plans, maps and drawings related to terrains, and various types of scientific and artchitectural works.

Article 19.- Copyright to cinematographic works and dramatic works

1. A cinematographic or dramatic work is created by a collective of authors. Persons who take part in the creation of a cinematographic or dramatic work defined in Clause 1, Article 21 of the Intellectual Property Law shall enjoy the moral rights to their parts of creative work according to the provisions of Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law.

Producers, directors and screenwriters may agree on the exercise of the right to title their cinematographic works provided for in Clause 1, Article 19 of the Intellectual Property Law, and the right to modify screenplays of their cinematographic works provided for in Clause 4, Article 19 of the Intellectual Property Law.

2. Organizations and individuals that invest finance and material-technical facilities in the production of cinematographic works or the staging of dramatic works defined in Clause 2, Article 21 of the Intellectual Property Law shall be holders of the rights provided for in Clause 3, Article 19, and Article 20 of the Intellectual Property Law.

Organizations and individuals that invest finance and material-technical facilities in the production of cinematographic works or the staging of dramatic works may agree on the exercise of the rights provided for in Clause 3, Article 19, and Article 20 of the Intellectual Property Law and the performance of the obligations specified in Clause 3, Article 21 of the Intellectual Property Law.

Article 20.- Use of folklore and folk art works

1. Folklore and folk art works specified at Points a, b and c, Clause 1, Article 23 of the Intellectual Property Law shall be protected regardless of their fixation.

2. The use of folklore and folk art works specified in Clause 2, Article 23 of the Intellectual Property Law means the research into, collection and introduction of true values of such folklore and folk art works.

3. Users of folklore and folk art works mentioned in Clause 2 of this Article must agree on the payment of remuneration to keepers of such folklore and folk art works and shall enjoy copyright to their researches, collections or introductions.

4. Reference to sources of folklore and folk art works mentioned in Clause 2, Article 23 of the Intellectual Property Law means the indication of geographical areas inhabited by population communities where such folklore and folk art works are created.

Article 21.- Objects not covered by copyright protection

1. News of the day as mere items of press information specified in Clause 1, Article 15 of the Intellectual Property Law means daily news briefs which are merely of informatory nature and contain no creative elements.

2. Administrative documents specified in Clause 2, Article 15 of the Intellectual Property Law include documents issued by state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, economic organizations, people’s armed forces units and other organizations defined by law.

Article 22.- Moral rights  

1. The right to title works provided for in Clause 1, Article 19 of the Intellectual Property Law shall not apply to works translated from one language into another.

2. The right to publish works or authorize other persons to publish works provided for in Clause 3, Article 19 of the Intellectual Property Law means the right of the author or copyright holder of a work or another individual or organization authorized by the author or copyright holder to make a work available to the public in a sufficient amount of copies to satisfy the reasonable demand of the public, depending on the nature of the work.

Publication of a work does not mean the performance of a dramatic, cinematographic or musical work; public recitation of a literary work; broadcasting of a literary or artistic work; exhibition of a plastic work; or construction of structures based on an architectural work.

3. The right to protect the integrity of works and to prevent other persons from modifying or mutilating works provided for in Clause 4, Article 19 of the Intellectual Property Law means the right of the author of a work to prevent other persons from modifying or multilating his/her work without his/her consent.

4. Authors of computer programs and investors in production of computer programs may agree on the titling and development of such computer programs.

Article 23.- Economic rights  

1. The right to perform works before the public provided for at Point b, Clause 1, Article 20 of the Intellectual Property Law means the exclusive right of copyright holders or their authorized persons to perform works either directly or through phonograms or video recordings or with whatever technical devices accessible by the public.

In this Clause, public performance of works means performance of works anywhere except in the family.

2. The right to reproduce works provided for at Point c, Clause 1, Article 20 of the Intellectual Property Law means the exclusive right of copyright holders or their authorized persons to make copies of works by whatever means or in whatever form, including permanent or provisional backup of works in electronic form.

3. The right to distribute original works or copies thereof provided for at Point d, Clause 1, Article 20 of the Intellectual Property Law means the exclusive right of copyright holders or their authorized persons in whatever forms or with the assistance of whatever technical devices accessible by the public to sell, lease or otherwise assign their original works or copies thereof.

For plastic or photographic works, the distribution of works also means the public display or exhibition thereof.

4. The right to communicate works to the public by wire or wireless means, electronic information networks or any other technical means provided for at Point e, Clause 1, Article 20 of the Intellectual Property Law means the exclusive right of copyright holders or their authorized persons to make their works or copies thereof available to the public, in such a way that members of the public may access such works from a place and at a time they themselves select.

5. The right to lease original cinematographic works and computer programs or copies thereof provided for at Point f, Clause 1, Article 20 of the Intellectual Property Law means the exclusive right of copyright holders or their authorized persons to lease their works for use within a definite term.

The right to lease works shall not apply to computer programs which do not themselves constitute principal objects for lease, such as computer programs conducive to the normal operation of means of transport as well as other machines and technical devices.

Article 24.- Reasonable recitation and importation of copies of works

1. Reasonable recitation of a work by a person without misrepresenting the author’s views for commentary or illustrative purpose in his/her work as provided for at Point b, Clause 1, Article 25 of the Intellectual Property Law must satisfy the following conditions:

a/ The recited parts aim merely to introduce, comment or clarify matters touched upon in his/her work;

b/ The number and essence of parts recited from the work used for recitation are not prejudicial to the copyright to such work and suitable to the nature and characteristics of the type of work used for recitation.

2. Importation of copies of another person’s work for personal use as provided for at Point j, Clause 1, Article 25 of the Intellectual Property Law shall only apply to case of importation of no more than one copy of a work.

3. The use of works in the cases specified in Clause 1, Article 25 of the Intellectual Property Law shall not apply to the reproduction of architectural or plastic works and computer programs.

Article 25.- Reproduction of works

1. Duplication of works by their authors provided for at Point a, Clause 1, Article 25 of the Intellectual Property Law shall apply to the case of non-commercial scientific research or teaching by individuals.

2. Reprographic reproduction of works by libraries for archival and research purpose provided for at Point e, Clause 1, Article 25 of the Intellectual Property Law means reproduction of no more than one copy of a work. Libraries must not reproduce and distribute copies of works, including digital copies, to the public.

Article 26.- Term of copyright protection 

1. The term of protection of economic rights and moral rights provided for in Clause 3, Article 19 of the Intellectual Property Law for a posthumous work shall be fifty years as from the date of its first publication.

2. The term of protection of economic rights and moral rights provided for in Clause 3, Article 19 of the Intellectual Property Law for a photographic work or a work of applied art provided for at Point a, Clause 2, Article 27 of the Intellectual Property Law shall be fifty years as from the date of its first publication. Within fifty years after the fixation of a work, if it has not yet been published, the term of protection shall be fifty years from the date of its fixation.

3. As from July 1, 2006 - the effective date of the Intellectual Property Law, the term of protection of photographic works and works of applied art shall be calculated according to the provisions of Clause 2 of this Article.

Article 27.- Copyright holders 

Copyright holders defined in Article 36 of the Intellectual Property Law include:

1. Vietnamese organizations and individuals;

2. Foreign organizations and individuals that have works created and expressed in whatever material forms in Vietnam;

3. Foreign organizations and individuals that have works first published in Vietnam;

4. Foreign organizations and individuals that have works protected in Vietnam under international conventions on copyright to which Vietnam is a contracting party.

Article 28.- Holders of copyright to anonymous works

1. Anonymous works specified at Point a, Clause 1, Article 42 of the Intellectual Property Law shall be under the state ownership.

2. Where an anonymous work is managed by an organization or individual, such organization or individual shall enjoy the rights of a copyright holder.

3. When the name of the real owner of a work is identified, the ownership of the work shall belong to such owner as from the date his/her name is identified.

Article 29.- Use of works under the state ownership

1. Except in the cases specified in Clauses 2 and 3, Article 28 of this Decree, when using works under the state ownership specified at Points a and b, Clause 1, Article 42 of the Intellectual Property Law, organizations and individuals shall have to perform the following obligations:

a/ Asking for the use permission;

b/ Paying royalty, remuneration and other material benefits;

c/ Depositing a copy of the work within thirty days as from the date of publication or distribution.

2. Organizations and individuals shall perform the obligations specified in Clause 1 of this Article at the Copyright Office of Vietnam.

3. The Copyright Office of Vietnam shall be responsible for receiving copyright assigned in any form by organizations and individuals defined at Point c, Clause 1, Article 42 of the Intellectual Property Law according to the provisions of law.

The Culture and Information Ministry and the Finance Ministry shall prescribe the financial management regime applicable to amounts specified at Point b, Clause 1 of this Article. 

Article 30.- Use of works belonging to the public

1. Organizations and individuals that use works belonging to the public, which are specified in Article 43 of the Intellectual Property Law, must respect the moral rights provided for in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law.

Holders of copyright to works belonging to the public shall not enjoy the right to publish such works, provided for in Clause 3, Article 19, and the economic rights provided for in Article 20 of the Intellectual Property Law.

2. When detecting acts of infringing upon the moral rights provided for in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law to works for which the term of protection has expired, state agencies, organizations and individuals that have related rights and obligations may request persons committing acts of infringement to stop such acts, make public apology or correction, and pay damages; may lodge complaints or denunciations or request competent state agencies to handle such acts. Depending on the nature and severity of violations, violating organizations or individuals may be handled according to the provisions of administrative, civil or penal law.

Socio-political-professional organizations, socio-professional organizations, organizations acting as collective representatives of copyright or related rights may request competent state agencies to protect the moral rights to works of their members for which the term of protection has expired.