What is the copyright followed as the Law on Intellectual Property? Under the Article 4, 13, 14, 15 of the Law No.19/VBHN-VPQH on Intellectual Property, Dragon Law Firm offer to Clients some information as follows:
Copyright means rights of organizations and individuals to works they have created or own.
1. Organizations and individuals who possess works protected by the copyright comprise persons who directly create such works and copyright holders, namely:
Authors, who devote their own time, invest their financial and material or technical facilities in creating works shall have the moral rights and the economic rights.
a. Moral rights shall be exercised by authors to:
- Give titles to their works.
- Give their real names or pseudonyms to their works; have their real names or pseudonyms acknowledged when their works are published or used.
- Publish their works or authorize other persons to publish their works.
- Protect the integrity of their works; and forbid other persons to modify, edit or distort their works in any form, causing harm to the honor and reputation of the author.
b. Economic rights shall be exercised by authors to:
- Create derivative works;
- Display their works to the public;
- Reproduce their works;
- Distribute or import the original or copies of their works;
- Communicate their works to the public by wireless or landline means, electronic information networks or other technical means;
- Lease the original or copies of cinematographic works and computer programs.
The other copyright held by the State.
2. Authors and copyright holders stipulated in Point I.1 shall comprise Vietnamese organizations and individuals; foreign organizations and individuals with works published for the first time in Vietnam and not yet published in any other country, or with works also published in Vietnam within a period of thirty days after the first publication carried out in another country; and foreign organizations and individuals with works which are protected in Vietnam under an international treaty on copyright of which the Socialist Republic of Vietnam is a member.
II. Types of works eligible to be put by the copyright protection
1. Literary, artistic and scientific works eligible for copyright protection include:
a. Literary and scientific works, textbooks, course books and other works available in the form of written languages or other characters;
b. Lectures, addresses and other speeches;
c. Press works;
d. Musical works;
e. Dramatic works;
f. Cinematographic works and works created by the method like the method of creating cinematographic works;
g. Plastic-art works and works of applied art;
h. Photographic works;
i. Architectural works;
k. Sketches, plans, maps and drawings related to topography, architecture or scientific works:
l. Folklore and folk art works of folk culture;
m. Computer programs and data compilations.
2. Derivative works shall be protected under Point II.1 only if this does not prejudice the copyright to works used to create these derivative works.
3. Protected works defined in Point II.1 and Point II.2 must be created personally by authors through their intellectual labor without copying others’ works.
III. Objects that are not protected by the copyright
1. News that only provide current information.
2. Legal normative instruments, administrative documents and others in the judicial domain, and official translations of these documents.
3. Processes, systems, operational methods, concepts, principles and data.
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