Chương I Nghị định 18/2014/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the regime of royalties for authors and copyright owners of journalistic works (including those of print, radio, television and electronic press), and publications prescribed in Clause 4, Article 4 of the Publication Law; remuneration for persons performing jobs related to journalistic works or publications, and people collecting materials and supplying information to serve the creation of journalistic works or publications.

Article 2. Subjects of application

This Decree applies to authors, copyright owners, journalists, reporters, editors, press agencies, publishers and state agencies, organizations and individuals related to journalistic works or publications.

Article 3. Interpretation of terms

1. Royalty means a sum of money paid by a user of a journalistic work or publication (below collectively referred to as work) to its author or copyright owner.

2. Royalty fund means a sum of money set aside by the user of a work under regulations for the payment of royalties, remuneration and other material benefits.

3. Remuneration means a sum of money paid by the user of a work to a person who performs a job related to that work in accordance with this Decree.

4. Material benefits means the benefits enjoyed by authors or copyright owners in addition to royalties, including complimentary books or newspapers, invitations to book launching ceremonies, domestic or international prizes, etc.

Article 4. Payment of royalties and remuneration

1. The levels of royalty or remuneration paid to authors or copyright owners of, and persons performing jobs related to, journalistic works or publications shall be based on the types and quality of the works and their socio-economic effects, levels of contribution to the works, this Decree’s provisions on incentives for the creation of works, and regulations of press agencies using the works or contracts on use of publications signed with publishers. The level of royalty paid to authors must not be lower than the level of remuneration paid to persons performing jobs related to works of the same genre.

2. Authors of works reserved for children and ethnic minority people, of investigative reportages; Vietnamese authors writing directly in foreign languages, Kinh people writing directly in ethnic minority languages, persons of one ethnicity writing directly in the language of another ethnicity; authors of works created under difficult and dangerous conditions and other special cases, are entitled to higher royalties as creation incentive.

3. Created or research works shall be paid higher royalties than translated, adapted, rewritten, transformed, collected, compiled, annotated, selected and anthological works. Authors are entitled to royalties under regulations of agencies using their works for collection, anthologization, adaption, rewriting, transformation, collection or compilation into new works, or for translation into another language. For original works translated into another language for presentation on another type of press, or another press publication of the same press agency, the payment of royalties must comply with regulations of each press agency.

4. For works already publicized or disseminated, when being re-used, their authors or copyright owners are entitled to royalties under this Decree and regulations of agencies using these works.

5. Works created for internal circulation or non-commercial purpose shall be paid royalties lower than those for commercial works of corresponding genres. The royalty levels shall be agreed upon between the works’ authors or copyright owners and their users.

6. For works with co-authors, the royalty division ratio shall be agreed upon by the co-authors.

7. For journalistic works that are re-published and quoted from other press agencies under information sharing agreements concluded between different press agencies in accordance with copyright regulations, royalties shall be negotiated and decided by the press agencies concerned.

8. Press agencies shall make deductions for setting up the royalty funds within the prescribed sources.

The royalty funds shall be used for payment of royalties to authors or copyright owners of used works; payment of remuneration and material benefits; and organization of creation promotion activities, but not for other purposes.

9. For works of particular genre not yet specified in this Decree, the royalty payment shall be agreed upon between their users and authors or copyright owners through package contracts.

10. Within 60 days from the date a work is published or publicized, its user shall fully pay up the royalty to its author or copyright owner according to regulations.

In case the press agency has contacted, and notified at least 3 times to, the royalty or remuneration recipient but received no reply, the royalty or remuneration may be transferred to the royalty fund of the subsequent year.

11. Authors working on a contractual basis for a press agency are entitled to 100% of royalties for works created beyond the quotas assigned by the press agency and used by the press agency.

12. Employees of a press agency are entitled to 100% of remuneration for performing jobs beyond their assigned quotas and related to journalistic works used by such press agency.

Article 5. Complaints, denunciations

Complaints and denunciations concerning the regime of royalties and remuneration in the field of press and publication shall be settled in accordance with the law on complaints and denunciations.