Currently, the protection of related rights is recognized in the provisions of law. However, the application and enforcement of these provisions in practice still face many difficulties due to the poor understanding and application of these provisions, and the correct implementation of the provisions has not been tested. Therefore, it leads to disputes over the rights of related rights holders with related parties in the use and exploitation of the assets of these related rights holders. Therefore, in order for customers to have a certain understanding, iguide.ai would like to advise on rights related to copyright according to the provisions of current law below.
First of all, we must understand what rights related to copyright are? According to the provisions of Clause 3, Article 4 of the 2005 Law on Intellectual Property, “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”.
1. Legal basis
- Intellectual Property Law 2005, amended and supplemented in 2009;
- Decree No. 100/2006/ND-CP detailing and guiding the implementation of a number of articles of the Civil Code and intellectual property law on copyright and related rights.
2. Subjects of protected related rights
- 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;
- Performances fixed on audio and video recordings are protected under the provisions of Article 30 of this Law;
- Performances that have not been fixed on a sound or video recording but have been broadcast are protected under the provisions of Article 31 of this Law;
- The performance is protected under international treaties to which the Socialist Republic of Vietnam is a member.
- 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: Performances, sound recordings, video recordings, broadcasts, and encrypted program-carrying satellite signals are protected only if they do not prejudice copyright.
3. Organizations and individuals whose related rights are protected
3.1. The following organizations and individuals are protected in related rights:
- Actors, singers, musicians, dancers and others who perform literary and artistic works (hereinafter referred to as performers).
- Organizations and individuals are owners of performances as prescribed in Clause 1, Article 44 of the Law on Intellectual Property 2005, amended and supplemented in 2009.
- The organization or individual that first defines the sound or image of a performance or other sounds or images (hereinafter referred to as the producer of the sound or video recording).
- The organization that initiates and carries out the broadcasting (hereinafter referred to as the broadcasting organization).
3.2. Term of protection of related rights
- The rights of performers are protected for fifty years from the year following the year in which the performance was fixed.
- The rights of producers of sound and video recordings are protected for fifty years from the year following the year of publication or for fifty years from the year following the year in which the sound and video recording is fixed if the sound and video recording has not been published.
- The rights of a broadcasting organization are protected for fifty years from the year following the year in which the broadcast was made.
The term of protection for the above related rights shall terminate at 24:00 on December 31 of the year in which the term of protection of the related rights expires.
Note:
- Rights related to copyright to be protected must meet the following conditions: must be original, must have the creative mark of the related subject, and must not harm the copyright.
- The rights related to copyright are mainly property rights, only performers have moral rights.
- Related rights arise from the moment a performance, phonogram, video recording, broadcast or encrypted program-carrying satellite signal is fixed or made without prejudice to copyright.
