Learn about copyright according to Vietnamese law

1. What is copyright?

Clause 2 Article 1 Intellectual Property Law 2005 (Intellectual property law amended and supplemented in 2009) regulations: "Copyright is the right of organizations and individuals to works they create or own."

Thus, copyright includes the specific rights that the law gives to the author or owner of a work to name the work, have a real name or pseudonym on the work, and to have a real name or pen name mentioned on the work. name when the work is published or used; Copying, adapting or transmitting or disseminating a work to the public by allowing others to participate in the process of exploiting the work.

2. Characteristics of copyright

- First, the subject matter of copyright is always creative and is protected regardless of content value and artistic value.

- Second, copyright is about protecting the form of expression of the work.

- Third, the form of establishing rights under the automatic protection mechanism.

- Fourth, copyright is not absolutely protected.

3. Regulations on copyright according to the current Intellectual Property Law.

Article 18 Intellectual Property Law 2005 regulations: "Copyright for works specified in this Law includes moral rights and property rights."

Thus, it can be seen that copyright includes moral rights and property rights.

3.1 Personal rights

- The right to name a work is stipulated in Clause 1, Article 19 of the Intellectual Property Law. This right does not apply to works translated from one language to another.
- The right to publish a work or allow others to publish a work specified in Clause 3, Article 19 of the Intellectual Property Law means releasing the work to the public in a reasonable number of copies to meet the needs of the public. to the public depending on the nature of the work, whether performed by the author or copyright owner or by another individual or organization with the consent of the author or copyright owner. Publication of a work does not include the performance of a theatrical, cinematic or musical work; read in public a literary work; broadcasting literary and artistic works; display of visual works; Construction works from architectural works.
- The right to protect the integrity of the work and not allow others to edit or mutilate the work specified in Clause 4, Article 19 of the Intellectual Property Law means not allowing others to edit, mutilate or modify the work. Repair and upgrade computer programs unless otherwise agreed by the author.

 3.2. Property rights

- The right to perform a work in public as specified in Point b, Clause 1, Article 20 of the Intellectual Property Law is the right of the copyright owner to exclusively perform or allow others to perform the work directly. directly or through audio or video recordings or any other technical means accessible to the public. Performing a work in public includes performing the work in any place accessible to the public.
- The right to copy works specified in Point c, Clause 1, Article 20 of the Intellectual Property Law is the right of the copyright owner to exclusively make or allow others to make copies of the work by any means. in any medium or form, including making copies in electronic form.
- The right to distribute originals or copies of works specified in Point d, Clause 1, Article 20 of the Intellectual Property Law is the right of the copyright owner to exclusively perform or allow others to perform in any form. What forms and technical means are accessible to the public for the purpose of selling, renting or other forms of transfer of originals or copies of works.
- The right to communicate works to the public by wired or wireless means, electronic information networks or any other technical means specified in Point dd, Clause 1, Article 20 of the Intellectual Property Law is the right of the Intellectual Property Law. The copyright owner has the exclusive right to make or authorize others to make the work or copies of the work accessible to the public at a place and time of its own choosing.
- The right to rent originals or copies of cinematographic works and computer programs specified in Point e, Clause 1, Article 20 of the Intellectual Property Law is the right of the copyright owner to exclusively perform or allow the copyright owner to Other leases for exploitation and use for a limited period of time.
- The right to lease a computer program does not apply in cases where the program itself is not the main object of rental, such as a computer program associated with the normal operation of vehicles or other machinery and technical equipment.