Chapter III
RELATED RIGHTS
Article 29. Rights of performers
1. The right to direct reproduction of performances which have been fixed on phonograms or video recordings according to the provisions of Point b, Clause 3, Article 29 of the Intellectual Property Law means the right of owner of performance in the making or authorized making of other copies from these phonograms or video recordings.
2. The right to direct reproduction of performances which have been fixed on phonograms or video recordings according to the provisions of Point b, Clause 3, Article 29 of the Intellectual Property Law means the right of owner of performance in the making or authorized making of other copies from sources other than these phonograms and video recordings, such as broadcasts, websites, services of relevant post and telecommunications networks and similar media.
3. The right to public communication by other modes of unfixed performances specified at Point c, Clause 3, Article 29 of the Intellectual Property Law means the right of owner of public distribution to exclusive or authorized making of unfixed performances by whatever technical modes other than transmission.
Article 30. Reasonable recitation of performances, phonograms and video recordings, broadcasts
1. Reasonable recitation for informatory purpose specified at Point c, Clause 1, Article 32 of the Intellectual Property Law means the use of quotations for merely informatory purpose.
2. The reasonable recitation prescribed in Clause 2 of this Article and must satisfy the following conditions
a) Recited parts aim only to introduce, comment or clarify some matters in the supplied information;
b) The parts recited from performances, phonograms, video recordings or broadcasts are not prejudicial to the rights of performers, the rights of producers of phonograms or video recordings, the rights of broadcasting organizations to their performances, phonograms, video recordings or broadcasts used for recitation; and are suitable to the nature and characteristics of performances, phonograms, video recordings or broadcasts used for recitation.
Article 31. Provisional copies
Provisional copies specified at Point d, Clause 1, Article 32 of the Intellectual Property Law means copies fixed for a definite term by broadcasting organizations with their instruments and equipment to serve their own coming-up broadcasting sessions. In special cases, such copies shall be stored at an official archive center.
Article 32. Use of phonograms and video recordings
1. Direct use of phonograms or video recordings already published for commercial purposes in making broadcasts which are sponsored, advertised or charged in whatever form specified at Point a, Clause 1, Article 33 of the Intellectual Property Law means the transmission by broadcasting organizations of such phonograms or video recordings by wire or wireless means, including the transmission by satellites or in digital environment.
2. Indirect use of phonograms or video recordings already published for commercial purposes in making broadcasts which are sponsored, advertised or charged in whatever form specified at Point a, Clause 1, Article 33 of the Intellectual Property Law means the relay or retransmission of transmitted broadcasts; or putting of broadcasts in digital environment on air.
3. Use of phonograms or video recordings already published in business or commercial activities specified at Clause 2, Article 33 of the Intellectual Property Law means the direct or indirect use by organizations or individuals of published phonograms or video recordings in restaurants, hotels, shops and department stores; in establishments providing karaoke, post, telecommunications or digital environment services; in tourist, aviation, and mass transit activities.
4. When phonograms or video recordings are used as specified in Article 33 of the Intellectual Property Law, performers shall enjoy remunerations on the basis of agreements made with producers or in the course of producing such phonograms or video recordings.
Article 33. Use of broadcasts
1. Owners of broadcasts specified in Clause 3, Article 44 of the Intellectual Property Law means broadcasting organizations which invest their finance and material-technical facilities in broadcasting activities, unless otherwise agreed.
2. When using works, phonograms or video recordings for the production of broadcasts, broadcasting organizations shall have to perform obligations toward copyright holders and related rights holders according to the provisions of law.
3. Entities that relay, re-broadcast or transmit via telecommunications or electronic communication networks or in any technical media broadcasts of other broadcasting organizations under Points a and b, Clause 1, Article 31 of the Intellectual Property Law shall comply with relevant agreements and laws. Any modification, mutilation or supplementation of broadcasts of other broadcasting organizations for re-broadcasting or transmission via telecommunications or electric communication networks or in any technical media must be agreed by owners of such broadcasts.
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Nghị định 22/2018/NĐ-CP (Bản Pdf)
Nghị định 22/2018/NĐ-CP (Bản Word)
