2023 years 4 month 26 day, The Vietnamese government issued the No 17/2023/ND-CP Signal law ( "Copyright Act" ) , Some provisions of intellectual property law on copyright and related rights are explained in detail and the implementation measures are provided. The decree has been adopted 2023 years 4 month 26 Effective from today, No grace period.

"Copyright Act" by 7 chapters 116 Composition of a clause, Refined the recently revised "Intellectual property law" In the introduction of the new copyright system. The Decree is accompanied by an annex, These include forms and templates for use in regulatory proceedings.

"Copyright Act" It replaces some existing copyright regulations, Especially the previous Copyright Act, Viz 22/2018/ND-CP Signal law.

The following will discuss "Copyright Act" Some of the noteworthy problems are introduced.

Detailed information

1, An updated definition of a copyrightable work

"Copyright Act" The subject matter that can be protected by the copyright system is defined, And provided a detailed list, Such as literary and scientific works, lecture, lecture, News work, Musical work, Film works and others.

2, right "Derivative work" Clarification of

"Copyright Act" Introduced a new definition of derivative works, It covers works based on one or more existing works. The decree also provides a detailed definition of each form of derivative work, Including translation, recompose, compilation, annotation, anthology, Modification and conversion.

3, Co-author and co-owner

Co-authors and co-owners of Copyrights are free to agree on the exercise of their rights. Co-authors and co-owners of copyright may not object to permission to develop and use a work in a common manner and for the common good.

The co-owner of the copyright may waive the economic and moral rights to publish the work. The waived rights are automatically transferred to the other co-owners.

4, Exceptions to copyright infringement

The reproduction of the work is limited to personal purposes of scientific research, Study-related or non-commercial use, If a complete copy of the work has been made using a reproduction device, Is not applicable.

For example, reasonable use of illustrations in lectures or irregular presentations for teaching purposes, Use must be limited to the curriculum, And only learners and teachers of such courses have access to the works. Such use of the work must reasonably prejudice the legitimate interests of the author and the copyright owner.

Under conditions similar to fair use of the work, Individuals are allowed to reasonably reproduce parts of the performance for direct teaching purposes, Audio or video recording or broadcasting, But it must not be used for commercial purposes.

"Copyright Act" Attachment of 1 And attachment 2 It is also provided for under certain exceptional circumstances (Use the work without the permission of the copyright owner) Copyright rates for the use of copyrighted works.

5, About copyright and／Or the assumption of related rights

The author of the work is considered to be the person whose name is indicated on a published copy of the work or on the original work of art, Unless there is other evidence to the contrary.

For published works, If the author's name is not indicated on the copy of the work, It is assumed that the publisher whose name appears on the copy of the work is the copyright owner.

The presumed author and copyright holder have the right to self-protection, For example, take technical measures to prevent copyright infringement, And take legal action against copyright violators.

6, Technical measures to protect rights

"Copyright Act" will "Effective technical measures" It is defined as a technical measure taken by the right holder by: (1) Access control application; (2) Protection program; (3) Replication control mechanism.

7, Sum of copyright／Or the determination of the infringement of relevant rights

"Copyright Act" For determining copyright infringement and／Detailed instructions and guidelines are provided for the conduct of or related rights.

"Copyright Act" Also for calculating copyright and／Or related right infringement caused damage to material loss (Including property, income, profit, Loss of business opportunities and reasonable costs to prevent and compensate damages) And mental damage made detailed provisions.

8, The responsibility of intermediary service providers and the safe harbor system

For "Intellectual property law" Amendment regulation 198b The provisions of the safe harbour regime provide further guidance and clarity, "Copyright Act" Intermediary service providers are broadly defined, Define it to provide only channels, Cache or on-demand digital information content storage (trusteeship) Service enterprise. "Copyright Act" A non-exhaustive list of businesses considered intermediary service providers is further provided, These include cloud storage service providers, Social networking service providers and search engine service providers.

It is worth noting, The intermediary service provider shall undertake the following obligations:

－ (Managed intermediary service provider) A tool needs to be developed, Used to receive removal or block access to copyright infringement and／Or requests for digital information content related to rights;

－ (Managed intermediary service provider) Upon receipt of a verified request from the user or a request from the competent national authority, Access to infringing digital content needs to be removed or blocked in accordance with new regulatory procedures, If the service provider does not comply with this requirement, It may cause it to assume joint and several liability for the loss caused by the user's infringement;

－Inform the Copyright Office of the Ministry of Culture, Sports and Tourism of the person responsible for copyright and related rights;

－Alert service users: If they commit copyright infringement and／Or related rights of the act, Then they will bear the corresponding responsibility;

－Verify user information when registering for a digital account;

－Provide user information upon receipt of the relevant written request from the competent national authorities to verify and deal with violations of copyright and related rights laws.

conclusion

Compare with the previous decree, new "Copyright Act" Many new regulations have been introduced. Many issues, including those mentioned above, still require further clarification, But the new decree is for the creator, author, Rights holders and businesses doing business in Vietnam are more empowered, Clearer legal basis for the protection and enforcement of copyright and related rights. (Be compiled from www. lexology. com)

TRANSLATORS: Wang Dan　proofread: Rason group

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