Decree No. 85/2011/ND-CP amending and supplementing Decree No. 100/2006/ND-CP

To amend and supplement a number of articles of the Decree No.100/2006/ND-CP detailing and guiding a number of articles of the Civil Code and the Intellectual Property Law regarding copyright ...

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 100/ 2006/ND-CP OF SEPTEMBER 21, 2006, DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE CIVIL CODE AND THE INTELLECTUAL PROPERTY LAW REGARDING COPYRIGHT AND RELATED RIGHTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Civil Code;

Pursuant to the November 29, 2005 Law on Intellectual Property;

Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;

At the proposal of the Minister of Culture, Sports and Tourism,

DECREES:

Article 1. To amend and supplement a number of articles of the Government's Decree No. 100/2006/ND-CP of September 21, 2006, detailing and guiding a number of articles of the Civil Code and the Intellectual Property Law regarding copyright and related rights:

1. To add the following Clauses 11, 12, 13, 14 and 15 to Article 4:

"11. Work of a foreign organization or individual first published in Vietnam means a work which is not yet published elsewhere prior to its publication in Vietnam.

12. Simultaneous publication means the publication of a foreign organization's or individual's work in Vietnam within 30 days after it is first published elsewhere.

13. Royalty means a sum of money paid by a party that uses a work to its author or copyright holder in order to acquire the authority to use such work.

14. Remuneration means a sum of money paid by a party that uses a work to its author or copyright holder; or by a party that uses a performance to performers who carry out creative activities to convey a copyrighted work to the public.

15. Material benefits means a sum of money paid by a party that uses a phonogram or video recording to its producer or by a party that uses a broadcast to the broadcasting organization.

Other material benefits mean economic advantages which authors, copyright holders and related right holders are entitled to, in addition to royalty, remuneration, and material benefits, such as prizes, gift books, invitation tickets to performances, public presentation of cinematographic works, work displays or exhibitions and interests in other related material forms."

2. To amend Article 10 as follows:

"1. Lectures, addresses and other sermons specified at Point b, Clause 1, Article 14 of the Intellectual Property Law constitute a genre of work presented in spoken languages and must be fixed in a certain material form.

2. In case authors fix their lectures, addresses and other sermons in the form of phonogram or video recording, they are entitled to copyright to such lectures, addresses and sermons and, at the same time, hold rights to such phonograms or video recordings according to Clause 2, Article 44 of the Intellectual Property Law."

3. To add the following Article 19a below Article 19:

"Article 19a. Copyright to computer programs

1. Authors of computer programs defined at Point m, Clause 1, Article 14, and Article 22 of the Intellectual Property Law are entitled to moral rights specified in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law.

When signing contracts on creation of computer programs, organizations or persons that provide funds and physical and technical foundations for creation of computer programs, and authors of such programs may reach agreement on the right to title such programs specified in Clause 1, Article 19 of the Intellectual Property Law and the modification and upgrading of such programs specified in Clause 4, Article 19 of the Intellectual Property Law.

2. Organizations or persons that provide funds and physical and technical foundations for creation of computer programs are copyright holders and entitled to the publication right and exclusive economic rights specified respectively in Article 19 and Article 20 of the Intellectual Property Law.

Authors of computer programs are entitled to royalty and other material benefits as agreed with copyright holders.

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14. To replace the phrase "Ministry of Culture and Information" with the phrase "Ministry of Culture, Sports and Tourism."

To replace the phrase "provincial-level Culture and Information Department" with the phrase "provincial-level Culture, Sports and Tourism Department."

Article 2. Effect

This Decree takes effect on November 10, 2011.

Article 3. Implementation responsibilities

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees and organizations and persons with related rights and obligations shall implement this Decree.

2. The Minister of Culture, Sports and Tourism shall guide and organize the implementation of this Decree.-