Conditions for protection of related rights of copyright

Rights related to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to performances, sound recordings, video recordings, broadcast programs, and encrypted satellite signals carrying programs.

Related rights arise from the moment a performance, sound recording, video recording, etc. is fixed or made without prejudice to copyright.

1. According to Article 16 of the 2005 Law on Intellectual Property, the following conditions are stipulated for organizations and individuals to have their related rights protected:

• Actors, singers, musicians, dancers and others who perform literary and artistic works (collectively referred to as performers).
• The organization or individual that owns a performance means the organization or individual that uses its time, financial investment and technical facilities to perform the performance is the owner of that performance, unless otherwise agreed with the relevant party.
• The organization or individual that first shapes the sound or image of a performance or other sounds or images (recording or video producer).
• The organization that initiates and carries out the broadcasting (broadcasting organization).

2. The subjects of related rights protected under Article 17 of this Law are specifically:

a. A performance is protected if it falls into one of the following cases:

- Performances performed by Vietnamese citizens in Vietnam or abroad;

- Performances performed by foreigners in Vietnam;

- The performance is protected under international treaties of which Vietnam is a member;

- Performances fixed on sound or video recordings are protected according to regulations, according to which:

b. The producer of a sound or video recording has the exclusive right to exercise or authorize others to exercise the following rights:

• Directly or indirectly copy your audio or video recordings;
• Import and distribute to the public the original and copies of their sound and video recordings through sale, rental or distribution by any technical means accessible to the public.

- Performances that have not been fixed on a sound or video recording but have been broadcast are protected according to the following provisions:

c. The broadcasting organization has the exclusive right to exercise or authorize others to exercise the rights:

• Broadcast, rebroadcast its broadcasts;
• Distribute to the public its broadcasts;
• Shape your broadcast;
• Copy your broadcast format.

Broadcasting organizations enjoy material benefits when their broadcast programs are recorded, filmed, and distributed to the public.

- Audio and video recordings are protected if they fall into one of the following cases:

• Audio and video recordings of audio and video recording producers of Vietnamese nationality;
• Sound and video recordings of sound and video recording producers are protected under international treaties to which the Socialist Republic of Vietnam is a member.

- Broadcast programs and satellite signals carrying encrypted programs are protected if they fall into one of the following cases:

• Broadcasting programs, satellite signals carrying encrypted programs of broadcasting organizations of Vietnamese nationality;
• Broadcasting programs and satellite signals carrying encrypted programs of broadcasting organizations are protected under international treaties to which the Socialist Republic of Vietnam is a member.

Note: The above subjects are only protected on condition that they do not harm copyright as prescribed by law.