In addition to copyright regulations, the Law on Intellectual Property 2005 also stipulates in detail the copyright related rights (hereinafter referred to as related rights) and the conditions for the protection of related rights. Following, AMI will introduce to the clients some contents about related rights in accordance with current regulations.
As stipulated in Clause 2, Article 4 of the Law on Intellectual Property 2005 (amended in 2009), Copyright related rights means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.
So what is the grounds for the generation and establishment of related rights?
Under the current regulations, related rights shall arise at the moment a performance, audio and visual fixation, broadcast or satellite signal carrying coded programmes is fixed or displayed without causing loss or damage to copyright.
Organizations and individuals eligible for protection of related rights:
- Performers, include: Actors and actresses, singers, instrumentalists, dancers and other persons who perform literary and artistic works
- Organizations and individuals who use their time and make a financial investment in or use their material and technical facilities to give a performance shall be the owners of such performance unless otherwise agreed with the parties concerned.
- Organizations and individuals who fix for the first time the sounds and images of performances or other sounds and images (hereinafter all referred to as producers of audio and visual fixation).
- Organizations which initiate and carry out broadcasting (hereinafter referred to as broadcasting organizations)
Subject matter of related rights eligible for protection:
- Performances, include:
- They are made by Vietnamese citizens in Vietnam or abroad;
- They are made by foreigners in Vietnam;
- They are fixed on audio and visual fixation and protected pursuant to the provisions of article 30 of the Law on Intellectual Property;
- They have not yet been fixed on audio and visual fixation but have already been broadcast and are protected pursuant to the provisions of article 31 of the Law on Intellectual Property;
- They are protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.
- Audio and visual fixation, include:
- It belongs to audio and visual fixation producers bearing Vietnamese nationality;
- It belongs to audio and visual fixation producers protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.
- Broadcasts and satellite signals carrying coded programmes, include:
- They belong to broadcasting organizations bearing Vietnamese nationality;
- They belong to broadcasting organizations protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.
- Performances, audio and visual fixation, broadcasts and satellite signals carrying coded programmes shall only be protected on the condition that they are not prejudicial to copyright.
Term of protection of related rights
- The rights of performers shall be protected for fifty (50) years calculated from the year following the year of formulation [into a fixed form] of a performance.
- The rights of producers of audio and visual fixation shall be protected for fifty (50) years calculated from the year following the year of publication, or fifty (50) years calculated from the year following the year of formulation of any unpublished audio and visual fixation.
- The rights of broadcasting organizations shall be protected for fifty (50) years calculated from the year following the year of the making of a broadcast.
However, it should be noted that the above term of protection shall expire at 24:00 hrs on 31 December of the year of expiration of the term of protection of the related rights.
Above are some contents about copyright related rights, if you have any questions, please contact us for supporting.
