Copyright is used to protect cultural spiritual creations (also known as works) from being infringed, such as scientific or literary articles, musical compositions, recordings, paintings, photographs, films and radio programs, etc. This right protects the personal and economic interests of the author in relation to this work. Currently, copyright infringement appears more and more in many different forms. This significantly affects the rights and legitimate interests of the author or owner of the work. To help customers understand copyright infringement, iguide.ai would like to provide you with the necessary information for reference below.
1. What is copyright infringement?
Copyright infringement is the unauthorized use of works protected by Intellectual Property law, infringing on certain exclusive rights of the author or owner of the work.
2. What are copyright infringements?
According to Article 28 of the 2019 Consolidated Law on Intellectual Property, acts of copyright infringement include:
- Appropriation of copyright for literary, artistic and scientific works.
- Impersonating the author.
- Publishing or distributing works without the author's permission.
- Publishing or distributing a co-authored work without the permission of the co-author.
- Modify, edit or distort the work in any way that harms the author's honor and reputation.
- Copying a work without permission from the author or copyright owner, except in the cases specified in Point a and Point d, Clause 1, Article 25 of this Law.
- Making derivative works without permission from the author or copyright owner of the work used to make derivative works, except for the case specified in Point i, Clause 1, Article 25 of this Law.
- Using a work without permission from the copyright owner, without paying royalties, remuneration, or other material benefits as prescribed by law, except in the case specified in Clause 1, Article 25 of this Law.
- Renting out a work without paying royalties, remuneration and other material benefits to the author or copyright owner.
- Reproducing, producing copies, distributing, displaying or communicating works to the public via communication networks and digital means without the permission of the copyright owner.
- Publishing a work without the permission of the copyright owner.
- Intentionally destroying or disabling technical measures taken by the copyright owner to protect the copyright in his work.
3. The right to self-protect copyright of authors and owners of works?
- Apply technological measures to prevent infringement of intellectual property rights;
- Require organizations and individuals who infringe intellectual property rights to stop the infringement, apologize, publicly correct, and compensate for damages;
- Request competent state agencies to handle acts of intellectual property infringement in accordance with the provisions of this Law and other relevant legal provisions;
- File a lawsuit in court or arbitration to protect your legitimate rights and interests.
4. Measures to handle copyright infringement?
- Organizations and individuals who infringe upon the intellectual property rights of other organizations and individuals, depending on the nature and extent of the infringement, may be subject to civil, administrative (Consolidated Document 1432/VBHN-BVHTTDL 2017, merging the Decree on administrative sanctions for violations of copyright and related rights) or criminal (Article 225 of Consolidated Document of the Penal Code No. 01/VBHN-VPQH).
- In case of necessity, competent state agencies may apply temporary emergency measures, measures to control exported and imported goods related to intellectual property, measures to prevent and ensure administrative sanctions according to the provisions of the Law on Intellectual Property and other relevant legal provisions.
