Copyright related rights (hereinafter
referred to as related rights) means rights of an organization or individual to
performances, audio and visual fixation, and broadcasts and satellite signals
carrying coded programmers. Related rights shall arise at the moment of the
above subject matters are fixed or displayed without causing loss or damage to
copyright. Principally, related rights are protected by state agency even
without the registration. However, the related right owner still may perform
the registration procedures for being granted of copyright related right
certificate by state agency. The copyright
related rights registration could also be assisted by IP
attorney in Vietnam.
Which
individuals/organizations are eligible for protection of related rights?
The three following subjects are entitled for
being protected copyright related rights (i) actors and actresses, singers,
instrumentalists, dancers and other persons who perform literary and artistic
works (hereinafter all referred to as performers); (ii) organizations and
individuals who own performances; (iii) 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);
(iv) organizations which initiate and carry out broadcasting (hereinafter
referred to as broadcasting organizations).
The specific subject matters of copyright
related rights which are protected under the law of Vietnam are:
Firstly, performance shall be protected if
they fall into one of the following categories (i) it is made by Vietnamese
citizens in Vietnam or abroad; (ii) it is made by foreigners in Vietnam; (iii)
it is formed on audio and visual fixation; (iv) it has not yet been formed on
audio and visual fixation but have already been broadcast (v) it is protected
pursuant to an international treaty of which the Socialist Republic of Vietnam
is a member.
Secondly, audio and visual fixation shall be
protected if it falls into one of the following categories (i) it belongs to
audio and visual fixation producers bearing Vietnamese nationality; (ii) it
belongs to audio and visual fixation producers protected pursuant to an
international treaty of which the Socialist Republic of Vietnam is a member.
Thirdly, broadcasts and satellite signals
carrying coded programmers shall be protected if they fall into one of the
following categories (i) they belong to broadcasting organizations bearing
Vietnamese nationality (ii) they belong to broadcasting organizations protected
pursuant to an international treaty of which the Socialist Republic of Vietnam
is a member.
It is necessary to take note that the above
subject matters are only be protected in the condition that they are not
prejudicial to copyright.
If Client needs any more information or
request for legal advice regarding copyright related right or other matters of
intellectual property, IP attorney in
Vietnam at ANT Lawyers could assist.
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