Chapter V
DESIGNATED COLLECTIVE REPRESENTATIVE, COPYRIGHT AND RELATED RIGHTS CONSULTANCY
Article 42. Designated collective representative
A designated collective representative specified in Clause 1, Article 56 of the Intellectual Property Law must perform in conformity with its operation and authorization contract between the copyright owner, related right owner and the designated collective representative in terms of management of a right or a group of specific rights.
Article 43. Royalties, remunerations, material benefits
1. The designated collective representative shall make a schedule of royalties, remunerations and material benefits prescribed in Clause 3 Article 20, Clause 4 Article 29 of the Intellectual Property Law and material benefits prescribed in Clause 2 Article 30, Clause 2 Article 31 of the Intellectual Property Law.
2. Users of works, phonogram and video recordings, broadcasts prescribed in Clause 1 Article 26, Clause 1 and Clause 2 Article 33 of the Intellectual Property Law are obliged to contact copyright owner or related right owner or designated collective representative directly in terms of the use thereof. If the copyright owner or related right owner cannot be directly contacted, the user of the work, phonogram or video recording, broadcast shall make a notice by means of mass media.
3. The user of work, performance, phonogram or video recording, broad and designated collective representative shall reach an agreement on sums of royalties, remunerations, material benefits and methods of payment.
4. Royalties, remunerations and material benefits shall be determined according to the following rules:
a) Payment of royalties, remunerations and material benefits must assure the interests of authors, users and the public and suit national socio-economic conditions.
b) The sums of royalties, remunerations and material benefits depends on the category, form, quality, quantity or use frequency of works.
c) Joint copyright owners, joint related right owners shall reach an agreement on distribution of royalties and remunerations in conformity with extent of creativity in accordance with the use.
d) The sums of royalties, remunerations, material benefits shall be determined according to a written contract as per the law.
Article 44. Collection and distribution of royalties, remunerations, material benefits
1. The collection and distribution of royalties, remunerations, material benefits shall be carried out in accordance with the charter of designated collective representative and authorization document of copyright owner or related right owner with agreement on the sum or percentage, methods and time for distribution of royalties, remunerations, material benefits.
2. The collection and distribution of royalties, remunerations, material benefits are conducted by designated collective representative in accordance with rules of publicity and transparency associated with works, performances, phonogram and video recordings, and broadcasts as per the law.
3. In case a work, phonogram, video recording or broadcast is related to the rights and interests of many designated collective representatives of specific rights or groups of rights, the involved parties may agree to designate one of them to negotiate on their behalf on the grant of use licenses, collect and distribute money according to the charter and authorization document.
4. The collection and distribution of royalty, remuneration and material benefits from corresponding foreign or international organizations comply with foreign exchange management regulations.
Article 45. Exploitation and use of phonograms and video recordings
1. Direct or indirect users of phonograms and video recordings prescribed in Clause 1 and Clause 2 Article 33 of the Intellectual Property Law must pay royalties, remunerations, material benefits to copyright owners or related right owners.
2. Designated collective representatives may reach an agreement, authorize the negotiation, collect royalties, remunerations, material benefits as per the law. Proportion of royalties, remunerations, material benefits shall be agreed by the above-mentioned bodies.
3. The designated collective representative, which enters into an authorization contract with another body for negotiation and collection of royalties, remunerations, and material benefits, shall make a list of members, works, phonograms and video recordings, broadcasts or members.
4. The authorized body may solely engage in negotiation and collection of royalties, remunerations, and material benefits according to the said list of members, works, phonograms and video recordings, broadcasts or members.
Article 46. Managerial information of copyright and related rights
A designated collective representative shall disclose information below on its website:
1. Name of author, copyright owner, related right owner.
2. In case of individuals: Date of birth; year of death (if any).
In case of organizations: Date of establishment; year of dissolution (if any).
3. Name of work, subject matter of related rights (performance; phonogram and video recording; broadcast).
4. Content of work; performance; phonogram and video recording; broadcast.
5. Area of authorization; entry into force of authorization contract.
6. Licensing, collection and distribution of royalties, remunerations, material benefits.
7. Activities of designated collective representatives.
8. Relevant information.
Article 47. Reporting
1. Designated collective representative shall report to the Ministry of Culture, Sports and Tourism, the Ministry of Home Affairs, the Ministry of Finance and governing body on any amendment to charter, operation regulations; systems of financial management; change of leaders; participation in international organizations; other foreign affairs; schedules, methods of payment of royalties, remunerations, material benefits; long-term and annual plans; financial performance, signing of authorization contracts, contracts for authorization of such use; collection, sums, methods of distribution of royalties, remunerations, material benefits; and relevant activities.
Any modifications to the charter must be reported to competent authorities for approval before being made.
2. The designated collective representative shall build a website which links to copyright and related right authority and designated collective representatives.
3. The designated collective representative shall build a database system, which links to the national database system in respect of copyright and related rights.
Article 48. Copyright and related rights consultancies
Copyright and related right consultancies prescribed in Clause 1 Article 57 of the Intellectual Property Law include:
1. Enterprises incorporated and operating under law on enterprises.
2. Cooperatives and unions of cooperatives incorporated and operating under law on cooperatives.
3. Public sector entities.
4. law-practicing organizations incorporated and operating under law on lawyers, except for branches of foreign law-practicing organization, wholly foreign-owned limited liability law firms, limited liability company law firms under joint ventures between law-practicing organization(s) of Vietnam and foreign law-practicing organization(s).
Tìm kiếm
Nghị định 22/2018/NĐ-CP (Bản Pdf)
Nghị định 22/2018/NĐ-CP (Bản Word)