PLF Tutorials

LEGAL TUTORIALS FOR DOING BUSINESS IN VIETNAM

What are related rights in Vietnam?


Copyright related rights (related rights) refer to rights of organizations and individuals to performances, phonograms, video recordings, broadcasts, and encrypted program-carrying satellite signals.

Related rights arise when a performance, phonogram, video recording, broadcast, or encrypted program-carrying satellite signal is fixed or displayed without any prejudice to copyright.

Protected related rights include:

  • Rights of performers
  • Rights of producers of audio and visual fixation
  • Rights of broadcasting organizations

Rights of performers

Performers are people who perform creative activities to bring literary, artistic, and scientific works to the public.

For example: actors/actresses, singers, dancers, musicians, role players, and other persons who perform other artistic works.

Moral rights of performers comprise of: the right to be acknowledged when performing, broadcasting, or distributing; and to protect the integrity of the imagery of the performance, and to prevent others from modifying/editing/distorting the performance in any way prejudicial towards the honor and integrity of the performer.

Economic rights of performers contain: to formulate live performances on phonograms or video recordings; to reproduce, broadcast, and distribute performances to the public.

  • Performers who also invest their finances and material facilities in performances are deemed as owners and entitled to economic rights.
  • Performers who do not invest their finances and material facilities are only entitled to moral rights.

The rights of performers are protected for 50 years calculated from the year following the year of formulation (into a fixed form) of their performances, and shall expire at 24:00 hours of December 31st of the year of expiration of the protection term.

Article 29 and 34 of the 2005 Law on Intellectual Property, amended and supplemented in 2009

Rights of producers of phonograms and video recordings

Producers of phonograms and video recordings are individuals or legal entities that first fix sounds and images (not part of cinematographic works).

Economic rights of Producers of phonograms and video recordings consist of:

  • The right to exclusively reproduce their phonograms and video recordings;
  • To exclusively distribute (sell or lease) to the public originals or copies.

Article 30 of the 2005 Law on Intellectual Property, amended and supplemented in 2009

Rights of broadcasting organizations

Broadcasting organizations are also owners of the programs they broadcast.

For example: FIFA, K+, NBC, Fox, radio and television stations, etc.

Broadcasting organizations have the rights to:

  • Exclusively broadcast or rebroadcast;
  • Distribute to the public;
  • Fix their broadcasts;
  • Reproduce their fixed broadcasts.

Article 31 of the 2005 Law on Intellectual Property, amended and supplemented in 2009

PLF is the Organization of Industrial Property Representation in Vietnam – an entity authorized by the National Office of Intellectual Property to act on behalf of individuals and enterprises to establish and enforce intellectual property rights.
 

Clients seeking consultation on related rights can contact:

Procedures for setting up a wholly foreign-owned enterprise in VietnamPLF LAW FIRM

12th Floor, Ruby Tower,

81-85 Ham Nghi, District 1, Ho Chi Minh City, Vietnam

Tel: +8428 3821 2161 or +8428 3821 2162

Fax: +8428 3821 2165

Email: legal@plf.vn

Website: http://www.plf.vn

Working hours:

8h00 - 17h30 (UTC+7)

Mondays - Fridays


 

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