Chương II Nghị định 22/2018/NĐ-CP: Quyền tác giả

Chapter II

COPYRIGHT

Article 6. Authors and joint authors

1. Author means a person who personally creates part of or the entire literary, artistic or scientific works.

2. Joint authors means persons who jointly create part of or the entire literary, artistic or scientific works.

3. Any person who renders supports, give comments or supply documents to others to create works shall not be recognized as author or joint author.

Article 7. Works presented in other characters

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

Article 8. Copyright of lectures, addresses and other sermons

1. 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 certain material forms.

2. In case an author fixes his/her lectures, addresses and other sermons in the form of phonogram or video recording, he/she is entitled to copyright to such lectures, addresses and sermons and, at the same time, hold rights to such phonograms or video recordings according to Clause 2, Article 44 of the Intellectual Property Law.

Article 9. Press works

Press works prescribed in Point c Clause 1 Article 14 of the Intellectual Property Law means those with independent contents and completed structure, which take the following forms: reports, quick notes, news reports, interviews, features, investigative stories, commentaries, editorials, treatise, memoirs or other forms, which are published or transmitted on the print, phonogram, visual or online media or other media.

Article 10. 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 or fixed in phonograms and video recordings, with or without lyrics, regardless of whether they are performed or not.

Article 11. Copyright on dramatic works

1. Dramatic works specified at Point dd, Clause 1, Article 14 of the Intellectual Property Law means works of various performing arts, including: traditional operetta (cheo), classical drama (tuong), reformed opera (cai luong), puppetry, play, folk drama, drama, opera, circus, comedy, variety shows and other theatrical genres.

2. Dramatic works are created by authors prescribed in Clause 1 Article 21 of the Intellectual Property Law.

3. The author is entitled to moral rights prescribed in Article 19 and economic rights prescribed in Article 20 of the Intellectual Property Law.

4. An author not also the copyright owner is entitled to moral rights prescribed in Clauses 1, 2 and 4 Article 19 of the Intellectual Property Law; an copyright owner is entitled to the rights prescribed in Clause 3 Article 19 and Article 20 of the Intellectual Property Law.

5. The author and any entity providing financial aid, technical facilities to create the work may reach arrangements repair of the work.

Article 12. Copyright on cinematographic works

1. Cinematographic works and works created by a process analogous to cinematography specified at Point e, Clause 1, Article 14 of the Intellectual Property Law means works each viewed in movement, with or without soundtracks, and other means according to cinematographic language. Static images taken from a cinematographic work shall be regarded as part of such cinematographic work.

2. Cinematographic works are created by authors prescribed in Clause 1 Article 21 of the Intellectual Property Law.

3. The author is entitled to moral rights prescribed in Article 19 and economic rights prescribed in Article 20 of the Intellectual Property Law.

4. An author not also the copyright owner is entitled to moral rights prescribed in Clauses 1, 2 and 4 Article 19 of the Intellectual Property Law; an copyright owner is entitled to the rights prescribed in Clause 3 Article 19 and Article 20 of the Intellectual Property Law.

5. The author and any entity providing financial aid, technical facilities to create the work may reach arrangements repair of the work.

Article 13. Plasticart works and works of applied art

1. Plasticart 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 finearts, 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 ordinarily 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 produced by hand or by machines, such as: graphic designs (expression of logo, identification system and packaging labels), fashion designs, product designs, interior design and decoration.

Article 14. 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 chemical, electronic or other technical methods. Photographic works may whether or not have captions.

Article 15. Copyright on architectural works

1. Architectural works specified at Point i, Clause 1, Article 14 of the Intellectual Property Law means works of architectural type, including:

a) architectural design drawings of facilities or complex of facilities, interior and landscapes.

b) architectural facilities.

2. The author is entitled to moral rights prescribed in Article 19 and economic rights prescribed in Article 20 of the Intellectual Property Law.

3. An author not also the copyright owner is entitled to moral rights prescribed in Clauses 1, 2 and 4 Article 19 of the Intellectual Property Law; an copyright owner is entitled to the rights prescribed in Clause 3 Article 19 and Article 20 of the Intellectual Property Law.

4. The author and any entity providing financial aid, technical facilities to create the work may reach arrangements repair of the work.

Article 16. Sketches, plans, maps and drawings

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

Article 17. Copyright on computer programs

1. The author is entitled to moral rights prescribed in Article 19 and economic rights prescribed in Article 20 of the Intellectual Property Law.

2. An author not also the copyright owner is entitled to moral rights prescribed in Clauses 1, 2 and 4 Article 19 of the Intellectual Property Law; an copyright owner is entitled to the rights prescribed in Clause 3 Article 19 and Article 20 of the Intellectual Property Law.

3. The author and any entity providing financial aid, technical facilities to create the computer programs may reach arrangements repair or upgrade of the computer programs.

4. Any entity that has the lawful use right to a copy of a computer program may make one back-up copy for replacement in case the copy currently in use is lost, damaged or unusable.

Article 18. Folklore and folk art works

1. Folklore and folk art works specified at Point a Clause 1, Article 23 of the Intellectual Property Law are types of verbal art.

2. Folk literary and artistic works defined at Points b and c, Clause 1, Article 23 of the Intellectual Property Law, which are works in different genres of the art of performance such as classical drama (tuong), traditional operetta (cheo), reformed opera (cai luong), puppetry, theme song, music melody; dance, performance, folk game, village festival, and folk ritual.

3. 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.

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

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

Article 19. Subject matters 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, and people’s armed forces units.

Article 20. Moral rights

1. The right to title works is provided for in Clause 1, Article 19 of the Intellectual Property Law. This right 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 owner of a work or another individual or organization authorized by the author or copyright owner 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.

Article 21. 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 owners or their authorized persons to perform works either directly or through phonograms or video recordings or with whatever technical devices accessible by the public. Public performance of works means performance of works any place accessible to the public.

2. The right to reproduce works provided at Point c, Clause 1, Article 20 of the Intellectual Property Law means exclusive rights under copyright which are performed by copyright owners or their authorized persons to make copies of works by any means or in any form, including electronic ones.

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 owners 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.

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 dd, 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 e, Clause 1, Article 20 of the Intellectual Property Law means the exclusive right of copyright owners or their authorized persons to lease their works for use within a definite term.

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

Article 22. 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 noncommercial scientific research or teaching by individuals.

2. Reprographic reproduction of works by libraries for archival and research purpose provided for at Point dd, 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 23. Reasonable recitation

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:

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

2. 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.

Article 24. Term of protection granted to copyright of posthumous work

The term of protection of moral rights specified in Clause 3, Article 19 and economic rights specified in Article 20 of the Intellectual Property Law for a posthumous work is fifty years as from the date of first publication.

Article 25. Copyright owners

Copyright owners 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 to which Socialist Republic of Vietnam is a contracting party.

Article 26. Transfer of rights to anonymous works

The exercise of rights to anonymous works specified in Clause 2, Article 41, and Point a, Clause 1, Article 42 of the Intellectual Property Law is specified as follows:

1. Entities managing anonymous works may transfer rights to such works to others and are entitled to remuneration from such transfer.

2. Entities that are transferred rights under Clause 1 of this Article are entitled to rights of owners until work authors are identified.

Article 27. Use of works under the state ownership

1. A body placing an order, assigning duty or entering into a contract with an author of work funded by state budget shall be representative of state as well as copyright owner of the work.

2. Users of works owned by the state, which are specified in Clause 1 of this Article, must obtain consent of the copyright owner and respect the moral rights provided for in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law.

3. Users of works owned by the state, which are specified in Point b and Point c Clause 1 Article 42 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.

4. When a regulatory body or entity detects acts of infringement upon copyright prescribed in Clause 2 and Clause 3 of this Article, the regulatory body or entity is entitled to request the competent authority to take actions as per the law.

Article 28. Use of works belonging to the public

1. Users of 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.

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.

3. Socio-political professional organizations, socio-professional organizations, designated collective representative may request competent state agencies to protect the moral rights to works of their members for which the term of protection has expired.