Copyright in Vietnam

Copyright means the rights that creators have over their literary and artistic works including software, database, technical drawings, maps, books, music, paintings, photograph, architecture, sculpture, and films, advertisements…

Copyright in Vietnam

Developing countries tend to have lower IP indexes than developed countries. However, with the integration into the global economy through signing trade agreements, the bar for protection of life sciences IP, copyrighted content online, and enforcement against IP theft have been raised in developing countries including Vietnam because it realizes the benefits it brings. Hence, Vietnam has reviewed and changed its IP law in a way that better protect copyrights in Vietnam.

We are a copyright consultant in Vietnam with lawyers having suitable qualifications and experience to assist client from application, protection, and dispute handling process.

ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights in Vietnam as following:

-Advise legal matters of copyright and related rights in Vietnam and abroad;

-Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;

-Complete the applications and file to register copyright and related rights;

-Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.

It is important to register copyrights in Vietnam for better protection hence our IP attorney at ANT Lawyers always strive our best to provide copyright registration services in Vietnam to client.

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Registering Copyright Services in Vietnam

Under Law on Intellectual Property of Vietnam, copyright means rights of an organization or individual to Work which such organization or individual created or owns. In addition, the subject matter of copyright shall comprise literary, artistic and scientific works; the subject matter of copyright related rights shall comprise performances, audio and visual fixation, broadcasts and satellite signals carrying coded programs.

Copyright Consultant in Vietnam

However, in fact, it is challenging to prove the owner’s copyright if there is no prior prepared evidence. A registration of copyright is the most important proof if violation or dispute happens. The copyright registration shall deter infringement, when owner can prove that the Work is protected under copyright law.

With highly professional staff and great experience in intellectual property aspect in Vietnam, ANT Lawyers would like to support you in registering and protecting your copyright and related rights in Vietnam as following:

Our services in copyright registration

-Provision of professional opinions and advice in relation to registration of copyright and related copyright;

-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;

-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;

-Appeal and cancellation;

-Proceedings before the judicial authorities.

How to register a copyright or related rights in Vietnam?

Condition of copyright registration

A Work shall be registered its owner’s copyright if it does meet the following conditions:

-The ideas of the Work shall be presented particularly in a visible material

-The Work shall be original (Be made directly by the author without copying from any other works or people).

Required information and document

-Original Power of Attorney (POA) from the Applicant;

-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …

-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …

-Business registration certificate or establishment certificate (if applicant is association or organization);

-Written promise of being ownership of the work of the applicant;

-Some other specialized document with each specified aspect.

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

 Duration of copyright protection

-The following rights are protected forever:

-Right to give titles to their works.

-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.

The following rights are protected within the stipulated duration in law

-Right to make derivative works;

-Right to display their works to the public;

-Right to reproduce their works;

-Right to distribute or import the original or copies of their works;

-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

-Right to lease the original or copies of cinematographic works and computer programs;

-Right to reproduce their works.

The protection duration of each type of Work with the above rights shall be different. In particularly, cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. Other work shall be protected for the whole life of the author and for fifty (50) years after his or her death.

We are a copyright consultant in Vietnam with lawyers with qualification and experience to assist client from application, protection, and dispute handling process.

Source ANTLawyers: https://antlawyers.vn/legal-service/intellectual-property/registering-copyright-services-in-vietnam.html

 

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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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How do I use samples in my music without infringing copyrights?

It depends on a couple of things: how you plan to use the music and whether or not the average listener will be able to identify the samples.

Copyright in Vietnam

Typically, you won’t have an issue if you abide by the following:

-Only use the music for personal use (as in you make absolutely no money)

-You are performing the music live (as in you are not copying and selling the music).

-If you do distribute to the public, then the average listener can’t tell what the samples are or if your use falls under the “fair use” category.

Meeting Fair Use Requirements:

-When making this determination, the courts will consider the following points:

-Did the original owner suffer financially due to your use of their samples?

-Did you totally transform the sound to create a brand new song?

-Did you take a large portion of the original song?

-Keep in mind, many of these questions are subjective and it’s not a clear cut situation by any means.

When it doubt: Ask permission. This is the absolute easiest way to avoid any kind of litigation. Reach out the the original owner and simply ask them if you can use a sample of their music to incorporate in your own. Usually you will need to obtain permission from the copyright owner of the song (publisher) and the copyright owner of the master tape (record company).

Source: Quora

It is wise to consult the advice of a IP attorneys in Vietnam to help assist you with your trademark. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including intellectual property rights.

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What is the Copyright Registration Process Workflow?

Copyright is defined as a legal right of the owner of intellectual property. It is an exclusive right of the original creator to reproduce the work. Copyright provides the exclusive right to the creator of the original material to further develop for a given period of time.

 

Copyright Law Firm in Vietnam

Copyright is an exclusive right granted by the law to the creators of literary, artistic, musical or dramatic works and to film producers as well. It also includes right related to reproduction, communication to the public, translation of work. It provides safeguards to the author for their creations, thereby protecting their creativity.

When a person creates an original product which requires a significant mental activity to create, then it needs to be protected from unauthorized duplication. Copyright can be done of only unique creations related to art, poetry, musical lyrics, novels, films, graphic design, architectural etc. It is considered to be original in case the author created it from their independent thinking. Copyright can be voluntarily registered by the original owner, preventing others from using or replicating it.

Copyright provides protection to the efforts of artists, writers, designers, musicians, and architects and it also promotes others to create.

Any type of work cannot be copyrighted. Copyright does not protect ideas, concepts and brand names, logo, domain names can also not be protected. Any work that requires copyright must be in intangible form.

Copyright, trademark, patent are generally used interchangeably, however, Copyright, Trademark and Patent are different forms of protection.

Trademark protects products which are used to differentiate the product of one with the product of another. It includes words, logos, symbols, and brand names.

Patents protect inventions of the inventor for a limited period of time, it includes industrial processes, machines & chemicals.

Copyright registration can be done in relation to published or unpublished work. In the case of registered unpublished work, a manuscript is required to be sent along with the application for affixing the stamp in proof of the work having been registered. If two copies of the manuscript have been sent then one copy of the manuscript duly stamped will be returned while the other copy will be retained by in the office for record purpose and will be kept confidential. Instead of a manuscript an applicant can also send the extracts from the unpublished work and can ask for the return after being stamped with the seal of the corporate office. After that applicant may apply for the changes in the Register of Copyright with the prescribed fees.

Every type of literary or artistic work can be copyrighted in relation to a website or computer program. It ensures protection for the creator and provides significant rights over their creation.

Registration Procedure

For the purpose of registration of the copyright an application can be made in the prescribed format as prescribed in the first schedule of the rules;

An application shall be made with the requisite fees prescribed;

The application must be signed by the applicant in whose favor the power of attorney has been executed;

The separate application is required to be filed for the registration of each work.

Filing of an Application

After filing a copyright application with the complete details, the author or owner has to wait for a mandatory period of 30 days for any objection that can be filed in the copyright office against the applicant.

In the case of any objection, it will take another one month to take a decision regarding whether the work can be registered with the registrar of copyrights after giving the opportunity of being heard.

Examination

If within the said period of 30 days no objection is filed then the application shall be examined by the examiner or in the case of any objections raised by the examiner for any further documentation required. After this response to the examination report has to be filed within 30 days.

Registration

After the objections are overcome to the satisfaction of the copyright office, A copyright registration certificate is issued.

Copyright Registration Process Workflow

The Term of Copyright Granted

The term of protection granted to the copyright owner depends on the type of work that needs to be protected. Copyright protection granted in relation to literary, musical or artistic work which extends to the period of a lifetime of the author and 60 years from the year in which the author dies. In case the work has not been performed during the lifetime of the author than the Copyright Registration protection shall be continued for a period of 60 years from the end of the year in which any activity is done in relation to work. Films or the computer programs are protected for a period of 60 years from the end of the year in which work is made available to the public with the consent of the owner whereas.

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.

Source: Quora

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What does the "fair use" concept of copyright mean?

What does the "fair use" concept of copyright mean? If I quote three short lines of lyrics on a t-shirt, am I in violation?

Fair use is a doctrine in the United States allowing for limited use of someone else’s copyrighted content without their permission.

 Copyright in Vietnam 

It depends on these four factors:

-How transformative is your use? Transformative uses include criticism, news, research, education, and parody.

-How substantial of a portion of the original work do you want to use? The less, the better.

-How much creative content is in the original work? The less creative (or more factual), the better.

-How much will your use affect the market value of the original work? The less your use denies revenues to the copyright holder of the original work, the better.

Quoting three lines of lyrics on a t-shirt is a non-transformative use of a substantial portion of a creative work, presumably denying payment of licensing fees that the copyright holder would normally charge for use of their song on consumer merchandise. This is not Fair Use of the song in the opinion of this layman.

Source: quora.com

ANT Lawyers in a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients. For advice or services request, please contact us via email ant@antlawyers.vn

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Is it an infringement in copyright if you take a picture of a photo of yourself?

Is it an infringement in copyright if you take a picture of a photo of yourself? If so, why?

The fact that it is a photo of you is irrelevant.

If you take a photograph of another photo then there would be certain creative decisions you would make, such as lighting, angle, white balance, contrast, and medium that make the resultant photograph a derivative work, with two copyrights, one for the underlying original work and another for the elements you add.

Making the photo in itself would not be a copyright violation, but what you do with the resultant image if you publish or distribute it might or might not be depending on a number of factors. Is your use fair use? what are the rights granted to you? Is the underlying photo in the public domain? or a Creative Commons image and you publish in accordance with the license? And also what countries’ copyright law are the two images created under?

If the photo were of someone else then there could also be rights of publicity of the subject, or the original photo might have been taken with a model release (contract) specifying allowed uses of the image, which would likely also apply to any derivative works.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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Copyright and related Right

Copyright/ related Rights Registration

Copyright is stipulated in particularly in Civil Code, Law on Intellectual Property 2005, amended and supplemented in 2009 and  Decree No. 100/2006/ND-CP: Detailing And Guiding The Implementation Of A Number Of Articles Of The Civil Code And The Intellectual Property Law Regarding The Copyright And Related Rights

Copyright means rights of an organization or individual to works which such organization or individual created or owns. Copyright shall arise automatically at the moment a work is created and fixed in a certain material form; irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered

As stipulations of Law on Intellectual Property in 2005, amended and supplemented in 2009, Copyright in works shall comprise moral rights and economic rights. Moral rights (except publication rights) shall be protected all whole life of authors and from 50 to 75 years since the author or the final co-author dies.

Copyright-related rightsor related rights means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals. The rights of performers shall be protected for fifty (50) years, which starts from the year following the year in which the performance is turn into a fixed form. The rights of producers of audio and video recordings shall be protected for fifty (50) years which starts from the year following the year of publication, or fifty (50) years which starts from the year following the year in which any unpublished audio and video recording is turned into a fixed form. The rights of broadcasting organizations shall be protected for fifty (50) years which starts from the year following the year in which a broadcast is made.

Like the Trademark registration, Copyright registration shall be the important legal bases to resist actions of appropriating copyright, impersonating authors, counterfeiting, infringing on copyright which lead to damage on reputation of authors.

ANT Lawyers supplies service on copyright/ related right consultant as follows:

-Advise in grounds for the generation and establishment of Copyrights; basic limitation of Copyrights/ related rights;

-Consult and implement procedures relating to copyright/ related rights registration;

-Consult, represent Clients negotiating  and drafting using agreement, assignment agreement and other contracts relating to  copyright/ related rights registration;

-Complaint decision relating to issuing copyright/ related rights certificate;

-Consult, collaborate with competent authorities in solving copyright/ related rights infringement.

ANT Lawyers – A Law firm in Vietnam has law offices in Hanoi, Ho Chi Minh City and Da Nang.  The lawyers at each law offices in Vietnam have consistently made valuable and important contributions to our profession through the cases we handled on daily basis to facilitate business transaction or represented our clients to access justice.

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Register copyright in Vietnam

Copyright is violated on a regular basis in the music, publishing and software industries. ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights as following:

Copyrigh tin Vietnam

-Advise legal matters of copyright and related rights in Vietnam and abroad;

-Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;

-Complete the applications and file to register copyright and related rights;

-Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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