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Copyrights

Copyrights

Copyright is a form of intellectual property protection granted to the author(s) or the owner of creation works that are fixed in a tangible form of expression. The protection under the copyright law is given both unpublished and published works. The latter must be first published in Vietnam or published in Vietnam within 30 days from first publication in any other countries. Related rights is protection available to the performers for their performances, the producers for their phonograms, broadcasting organizations for their broadcasting programs and satellite signals carrying encrypted program. Copyright to original works, related rights to performances, phonograms, broadcasting...
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Protected Works

According to Intellectual Property Law of Vietnam, copyrightable works include the following categories: Literary and scientific works, textbooks, teaching materials, and other works expressed in forms of letters or other writing characters; Lectures, presentations and other speeches; Journalistic works; Musical works; Dramatic works; Cinematographic www.cialispharmaciefr24.com works and works created by similar methods; Fine art works and applied art works; Photographic works; Architectural works; Graphics, sketches, maps, drawings relevant to topography and scientific works; Folk artistic and literary works; Computer programs and compilations of data. The subject matters protected under related rights include the following: Performances; Phonograms; Broadcasting programs; Satellite signals...
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Unprotected Works

Several categories of material are generally not protected under Vietnamese copyright law. These include among others: Information merely for news reporting purpose such as daily short pieces of news in newspapers which are merely for news reporting purpose and therefore not creative; Legal normative documents, administrative documents, other documents in the judicial sector and the official translation thereof. Administrative documents include documents of State agencies, political organization, socio-political organizations, socio-political and professional organizations, social organizations, socio-professional organizations, economic organizations, units of people’s armed forces and other organizations in accordance with the law; Processes, systems, method of operation, definitions, principles and...
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Ownership

Under copyright law, the author or the co-authors has the copyright (including moral right and economic rights) to his/their created works. If works created by a person in the course of his employment, the copyright to these works will belong to his employer rather than to the individual creator. In this case, the author only has moral right. The Vietnamese Intellectual Property Law further stipulates on some copyrightable works belonging to the State. Those are anonymous works and protected works that the copyright holder is no longer existed.

Registration

According to Vietnamese copyright law, registration of copyright and related rights is not condition for protection. However, copyright registration certificate is useful to copyright claimant in disputes or suites because it provides evidence of validity of copyright. To register your works, performances, phonograms, broadcasting programs, satellite signals carrying encrypted program, you or your representative must file an application for registration of copyright or related rights at the Copyright Office of Vietnam. Information and documents needed for the registration include: Details of owner(s) and author(s) (full name, address, nationality); Name and category of the works; Publication date (if the work has...
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Terms of Protection

Terms of copyright protection are stipulated by Article 27 of Intellectual Property Law. Accordingly, moral right is protected indefinitely. For economic rights and the right to publication of works, terms of protection depend on categories of works and are provided as follows: The copyright lasts for the life of the author plus 50 years after the author dies; For works of joint-authorship, the copyright subsists for 50 years after the last of the joint authors dies; Copyright for cinematographic works, photographic works, dramatic works, applied art works and anonymous works lasts for 50 years from the first publication; Copyright for...
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Copyrights-Assignments and Licenses

Copyrighted work can be assigned or licensed. A copyright assignment/license must be in writing. Moral rights of the author in a copyrighted work cannot be assigned. An assignment contract includes at least the following contents: The full names and addresses of the contracting parties; Identification of all copyrighted works which is assigned; Term of payment including price; Obligations and rights of the contracting parties. The content of license contract at least includes: The full names and addresses of the contracting parties; Identification of copyrighted works; Type of license; Scope of license, in particular, the territorial limits and the rights of...
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