Using works without permission but with fees | iGuide

In which cases is it not necessary to ask for permission but pay compensation when using published works?

iGuide Stories

In what cases do you not need permission to use published works but must pay remuneration?

There are specific cases where using published works does not require permission from the copyright owner, but fees must still be paid to them. This typically applies to works used in public broadcasting, education, or research, as specified by law. The aim is to ensure economic rights for authors while facilitating legal access and use of works. Understanding these regulations helps users comply with the law and respect copyright.

According to Clause 7, Article 1 Intellectual Property Law amended 2009, as amended by clause 7 of Article 1 Amended Intellectual Property Law 2022 (Effective from January 1, 2023) regulations gCopyright restrictions are as follows:

1. Cases of using published works that do not require permission but require payment of copyright, information about the author's name and origin of the work include:

a) Broadcasting organizations use published works or works that have been permitted by the copyright owner to be recorded on public audio or video recordings for commercial purposes for sponsored broadcasting or advertising. Advertising or collecting money in any form does not require permission, but royalties must be paid to the copyright owner from the time of use. Royalty level and payment method are agreed upon by the parties; In case an agreement cannot be reached, the Government's regulations will be followed.

Broadcasting organizations use published works or works that have been permitted by the copyright owner to be fixed on audio or video recordings for commercial purposes for broadcasting without sponsorship or advertising. or do not collect money in any form without asking for permission but must pay royalties to the copyright owner from the time of use according to Government regulations;

b) In case the work has been permitted by the copyright owner to be fixed on an audio or video recording for commercial purposes, organizations and individuals may use this audio or video recording in their activities. Business and commercial activities do not require permission but must pay royalties to the copyright owner of that work according to the agreement from the time of use; In case an agreement cannot be reached, the Government's regulations will be followed. The Government regulates in detail the business and trade activities specified in this Point.

2. The use of the work specified in Clause 1 of this Article must not conflict with the normal exploitation of the work and must not cause unreasonable damage to the legitimate interests of the author or copyright owner. fake.

3. The use of works in the cases specified in Clause 1 of this Article does not apply to cinematographic works.

4. Vietnamese organizations and individuals enjoy incentives granted to developing countries for the right to translate works from foreign languages into Vietnamese and the right to copy for teaching and research for non-commercial purposes according to regulations. stipulated in international treaties to which the Socialist Republic of Vietnam is a member shall comply with the Government's regulations.

5. Organizations and individuals who wish to exploit and use published works of Vietnamese organizations and individuals but cannot find or cannot identify the copyright owner shall comply with regulations. of the Government.