How to Use Published Works Without Permission or Pay Royalties, Remuneration?

According to regulation of current Law on intellectual property, copyright means rights of an organization or individual to works created or owned by such organization or individual. Copyright to a work includes moral rights and property rights. If other organization or individual wishes to exploit, use a part or the whole of works, they shall ask permission, pay the owner of copyright for royalties, remuneration according to both parties’ agreement or regulation of law. However, there are still cases of using works without having permission and/orwithout paying the author or owner of copyright for royalties, remuneration.

Cases of using published works without having permission, without paying for royalties, remuneration include:

 

Copyright in Vietnam

-Making one copy for scientific research or personal teaching purposes.

-Reasonable quoting from a work in order to comment on or illustrate one’s own works, without misrepresenting the author’s views;

-Quoting from a work in order to write an article published in a newspaper or to use in periodical publications, in a radio or television broadcast or in a documentary, without misrepresenting the author’s views;

-Quoting from a work in order to teach in school or university without misrepresenting the author’s views and not for commercial purposes;

-Copying of a work in order to archive in library and research purposes;

-Performing a stage work or other art work in cultural meetings, communication or mobilization activities without collecting fees in any form;

-Directly audio-visual recording of a performance in order to report current news or to teach;

-Photographing or televising shaping work, architectural, photographic, or applied art work displayed at a public place in order to present images of such work;

-Translating a work into braille or other languages for the blind;

-Importing copies of another’s work for personal use.

However, it should be noted that organization or individual using, exploiting works in above cases must meet the conditions: not causing damage to the normal exploit of works, not causing damage to copyright and owner of copyright; must provide information of  the author and the source and origin of the work. In addition, due to specific characteristics of of various types of works such as architectural works, shaping works and computer programs, cases of (i) making one copy for scientific research or personal teaching purposes and (ii) copying of a work in order to archive in library and research purposes, shall have permission and pay author or owner of copyright for royalties, remuneration according to both parties’ agreement or regulation of law.

Cases of using published works without having permission but paying for royalties, remuneration include:

-A broadcasting organization which uses a published work to make a broadcast which is sponsored, contains an advertisement or which collects fees in any form shall not be required to ask permission but must pay the owner of copyright for royalties or remuneration from using time. Level of royalties, remuneration or other material benefits and payment methods are agreed by parties; If the agreement can not be reached, it shall follow regulation of Government or shall file a petition to Court according to regulation of law;

-A broadcasting organization which uses a published work to make a broadcast which is not sponsored, no advertisement or which do not collect fees in any form shall not be required to ask permission but must pay the owner of copyright for royalties or remuneration from using time according to regulation Government;

Similarly, the use of a work in these two cases must neither affect the normal use of such works nor cause prejudice to the rights of the author or copyright holder, and must provide information being the author’s name and the source and origin of the work. Besides, in case of using published work without having to seek permission but royalties or remuneration must be paid shall not be applied to cinematographic works.

If the client needs any other information, requires for further legal advice, or dispute with others on IP matters, our Vietnam IP attorney, copyright lawyers in Vietnam at ANT Lawyers, we will be available for service.

ANT Lawyers - a Law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 

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What is the meaning of Copyright?

Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively.

Copyright in Vietnam 

Those rights include:

-The right to reproduce the work

-To prepare derivative works

-To distribute copies

-To perform the work

-And to display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions.

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has rights to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about.

Moral Rights

Though moral rights are not currently recognized in the United States, they’re a major element of European copyright law and are becoming increasingly important as the Web becomes more globalized.

Moral rights are a set of rights that are separate from the author’s copyright on a piece. These rights are generally considered inalienable, which means that they can not be given away or sold, and thus persist even if the copyright to a work is completely sold.

As defined by the Berne Convention, the moral rights of an author are as follows:

-The right to claim authorship of the work

-The right to object to any distortion, mutilation or modification of the work

-The right to object to any derogatory action that may damage the authors honor or reputation

It is easy to see how moral rights can be useful in fighting plagiarism since such an act is not only a violation of the author’s copyright, if he or she holds it, but also the moral rights. It may also be useful in cases where the copyright of a work has been lost, either sold or given away, but plagiarism continues.

Source: Quora

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What are the main rules of thumb about fair use on the web?

The number one piece of advice: Assume it’s protected.

I'll give you other tips below for you:

Just because its online, doesn't mean that it’s public property. So many people have this false sense of entitlement to anything they see posted on social media "especially pictures".

Copyright in Vietnam

If someone complains, just remove the content for the time being. No, you don’t have to sell your soul to every troll on the Internet who demands that you remove content from your site, but you should take it down long enough to research to make sure they don’t have a legitimate legal complaint.

Remember that always, always, always ask first. If you see awesome photographs you want to post on your blog and website or other social network, just ask first. Sometimes people are totally fine with exposure as long as they are properly credited.

Copyright is a murky area and you don’t want to get caught up in an unnecessary legal battle over a picture or two. So save yourself some trouble and just take some of the precautions.

If you’d like some more help with understanding copyright laws, we can connect you with a skilled copyright attorney in Vietnam that can answer your questions and potentially help you avoid a costly mistake.

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How much of a copyrighted material can be used under fair use?

Fair use is a defense to copyright infringement; it essentially makes allowable some instances of copyright infringement, such as educational purposes or parody.

Copyright in Vietnam

What makes fair use difficult is that there is no brightline test or rule to apply in all instances; it varies on a case-by-case basis. There are 4 main factors that courts examine for fair use:

-Purpose and character of your use (educational? commercial (i.e. to make money)? comment or criticism? etc.);

-Nature of the copyrighted work (more creative = more protection: fiction book gets more protection than fact-based article b/c facts aren’t copyrightable);

-Amount and substantiality of the portion used (how much of the work was used? does it go to “heart of the matter?”); and

-Effect on potential market (not just effect on current market. might someone use the infringing work instead of something from the copyright owner?

This article is for informational and educational purposes only. This should not be taken as a substitute for legal advice. This does not create an attorney-client relationship with anyone who reads it.

Source: Quora

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The provisions of law on copyright infringement

The US-China trade war, especially disputes over intellectual property (IP), once again alarmed business executives about the importance of complying with laws and strengthening management capacity for protecting and avoiding infringement of IP rights of any other country, when participating in global "games". One of the most vulnerable objects of intellectual property is computer software. So, in Vietnam, what are the policies to overcome piracy of computer software?

Copyright in Vietnam

Referring to the operation of the WTO, people often mention the activities of the Trade Council under the General Assembly. There are three trade councils (as known as three "pillars" of the WTO): the Council for Trade in Goods, the Council for Trade in Services and the Council of Trade-Related Aspect of Intellectual Property Rights. In particular, the Council on Trade-Related Aspect of Intellectual Property Rights is responsible for activities that fall within the scope of the  Agreement on Trade-Related Aspect of Intellectual Property Rights (TRIPS Agreement), as well as coordination with other international organizations in the field of IP rights.

According to the request of the TRIPS Agreement, each member state or WTO member must give full and effective protection of intellectual property rights to citizens of other WTO members in accordance with the principle of national treatment and most favored nation. Specifically, members must have a legal system and apparatus to protect intellectual property rights (including: copyright and related rights, patents, business secrets, trademarks, industrial designs, integrated circuit layout design, geographical indications and unfair anti-competitive rights) meet the TRIPS Agreement minimum standards for content, scope, time limits and enforcement of rights.

Besides, the Berne Convention allows authors to enjoy copyright for a lifetime and a minimum of 50 years thereafter. However, countries that comply with the convention are allowed to extend the term of copyright. Regarding the world situation, through free trade agreements, developed countries like the United States and Japan ... want to work towards a stronger enforcement mechanism than the standards set forth in the agreement when it comes to the trade of intellectual property rights. In particular, developed countries tend to "criminalize" intellectual property infringements by expanding the subject of criminal enforcement measures to infringements of inventions, business secrets, trademarks, industrial designs, integrated circuit layout design, ... not just violations of trademarks, copyrights and related rights. Criminally infringed intellectual property rights also tend to be expanded.

Vietnam is increasingly integrating deeply into the economy with the region and the world through free trade agreements with leading partners such as the United States, Japan and the European Union. The enforcement of intellectual property rights by criminal means is one of the important contents in the negotiation of new generation free trade agreements and is particularly emphasized by development partners. In recent years, the law on enforcement and protection of intellectual property rights, including enforcement by criminal measures, has been constantly strengthened, improved and contributed to improving the effectiveness of enforcement activities to protect IP rights. With the efforts of the Government, the activities of protecting copyright and related rights have made significant progress. The State has issued many legal documents on this field, the Vietnamese laws have been developed and completed from the practice of management and administration for copyrigh, acquired international standards, met the requirements to promote effective protection and international integration.

Regarding the protection of intellectual property rights, especially for computer software, Vietnam has signed many bilateral and multilateral international treaties related to copyright and related rights. Accordingly, Vietnam has an obligation to protect copyright and related rights under international treaties to which Vietnam is a member. At the Resolution of the 9th Plenum of the Party Central Committee, Session XI (Resolution No. 33-NQ / TW) on building and developing culture and people of Vietnam to meet the requirements of sustainable development of the country, stated: “Raising awareness of the implementation of legal provisions on copyright and related rights in the whole society. Strengthen and enhance the operational efficiency of copyright management agencies and agencies from central to local levels.”

Criminal Code No. 12/2017 / QH14 amending and supplementing a number of articles of the Criminal Code No. 100/2015 / QH13, effective from January 1, 2018, demonstrating the determination of the Vietnamese Government to strictly enforce against copyright and related rights violations, including computer software copyrights. Under the new provisions of the amended Criminal Code, for the first time, commercial legal entities shall be criminally responsible for crimes infringing copyright and related rights. Article 225 of the amended Criminal Code has introduced sanctions to overcome violations of copyright and related rights. Including  computer software  copyright. With the new strict penalty framework that the Criminal Code 2015 will apply to commercial entities that intentionally violate computer software copyrights in particular and copyrights in general, the rate of software piracy Vietnam will be able to significantly reduce, create a fair competitive business environment for businesses, as well as promote the development of the socio-economy in the context of Vietnam's deep and broad integration into the international economy.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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What is copyright infringement?

The U.S. Copyright Office provides this definition of copyright infringement:

As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

Copyright in Vietnam

A copyrighted work is a literary, musical or artistic work that is fixed in a tangible medium (paper, canvas, computer file, audio or video recording, etc.). Such protection lasts for a limited period of time (in the United States, that period for works created after January 1, 1978, is the life of the author plus an additional 70 years). Protected works include poetry, novels, movies, songs, computer software, and architecture.

Copyright does not protect names, titles, slogans, short phrases, ideas, concepts, systems, or methods of doing something; however, these things may be protected as trademarks or patents.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Source: Quora

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What is Intellectual Property Law?

Our legal system provides certain rights and protections for owners of property. The kind of property that results from the fruits of mental labor is called intellectual property. Rights and protections for owners of intellectual property are based on federal patent, trademark and copyright laws and state trade secret laws.

Protecting Intellectual Property Rights in Vietnam

In general:

-Patents protect inventions of tangible things.

-Copyrights protect various forms of written and artistic expression.

-Trademarks protect a name or symbol that identifies the source of goods or services.

It is important to note that patents, trademarks, and copyrights constitute the basis on which the underlying intellectual property may be protected in law. It is therefore vital that a great degree of skill be exercised in drafting the documents and following the procedures necessary for obtaining this protection.

By relying on a specialist in the field who has good standing and recognized ability in his profession, the inventor or artist can be assured that the intellectual property will be adequately protected.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Read More

What is a Copyright?

Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively. Those rights include:

 Copyright in Vietnam 

-The right to reproduce the work

-To prepare derivative works

-To distribute copies

-To perform the work

-To display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions.

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has near carte blanche to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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How do I register copyright for my songs?

Copyright protection attaches as soon as you fix the song in a "tangible medium."

Though many folks are still under the misapprehension that you have to register your work with Copyright Office to "copyright" it, that hasn't been true for decades. Generally speaking, if you scribble something on a sheet of paper and then someone comes around and copies it, they've violated your copyright in the scribble.

Copyright in Vietnam

On the other hand, if you're just riffing in your bedroom and someone comes by, listens in through your window, and then copies your song, you're probably not going to win on your copyright claim. If you riffed and then recorded it, wrote down the music notation, etc., then you would have secured the copyright at that time.

Note, though, that although registration isn't necessary to protect your work via the Copyright Act, it is a precondition to suing in federal court. So if you write down a song in 2001, discover that someone copied it in 2011, you'd have to register the copyright (even in 2011 or 2012) before you could sue on it. Statutory damages would also be limited to the date you registered onward (i.e., you wouldn't be able to claim statutory damages from 2001 to present).

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced copyright with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Source: Quora 

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How can I get copyright?

Copyright can be attained for any original expression of an idea or work. Remember the idea must be in a tangible form; this means that the work that you want to copyright must have a physical presence so that is can be represented to the examiner in that format.

Copyright in Vietnam 

What can be registered as Copyright?

The application for copyright can be made for the following works:

-Literary works such as books and poems

-Dramatic works and theatrical plays

-Cinematographic films and videos

-Original musical works and sound recordings, excluding any actions and words to be included while performing the musical work

-Artistic works such as paintings, photographs and technical drawings including architectural designs

Copyright Registration Process

Registration of copyright can be done through physical as well as through online method and the documents that you require to file the copyright application with the relevant authority are:

1.Work Copies

Copy of the original work that is to be submitted with the examiner (3 copies).

2.Applicant Details

The identity proof of the applicant that should include

-Passport

-Driving License

3. Address Proof

The applicant will have to submit the following as address proof of the applicant

-Utility bills(water and electricity bill)

-Passport

-Rent Agreement if residing in a rented premise.

The application for copyright protection goes through the following process:

1.Filing Application

-The process to complete the filing of the application process might take around 3 days.

-The applicant needs to submit the application with Form-XIV along with all the documents and registration fee.

-If you are submitting the form physically at the Copyright Office then, you need to submit the fee through a Demand Draft.

2.Objection

-The objection on the filed application is raised wherein the applicant has to provide answers to the examiner within the stipulated time period.

-The examiner can also call for a hearing wherein a decision to provide registration or not can be taken. The applicant will have to wait for a period of 30 days before the application is moved onto the next stage.

3. Examination

-Once the objections are cleared the examiner checks the application further for any discrepancies and errors.

-If the examiner finds any discrepancy with the application he will notify the applicant with a discrepancy letter and then the applicant will have to make a reply to the letter justifying the issues that are raised in the examination.

4.Registration

-Once the examination process is done with the applicant will receive notification from the examiner and from there on the person can use the copyright symbol along with his work.

 Source: Quora 

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