Vietnam Referring to copyright in literary and design works, people always refer to related rights associated with or exactly the right related to copyright. According to Clause 3 of the Intellectual Property Law: “Rights related to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to performances, phonograms, video recordings, broadcasts, encrypted program-carrying satellite signal.”
With respect to copyright rights shall arise from the time when a performance, phonogram, video recording, broadcast program, encrypted program-carrying satellite signal is fixed or performed without without prejudice to copyright.
1. Organizations and individuals whose related rights are protected
The object of protection is a condition for protection of related rights as clearly stated in Article 16 of the Intellectual Property Law by the Intellectual Property Law, including the following individuals and organizations:
“1. Actors and actresses, singers, instrumentalists, dancers and other persons who perform literary and artistic works (hereinafter all referred to as performers).
2. Organizations and individuals who own performances defined in clause 1 of article 44 of this Law.
3. 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).
4. Organizations which initiate and carry out broadcasting (hereinafter referred to as broadcasting organizations).”
2. Objects covered with related rights
The rights related to copyright are protected in the following four forms in the absence of prejudice to the copyright:
• Performances
• Sound recordings, video recordings
• Broadcasts, encrypted program-carrying satellite signals
2.1. Protection of copyright related rights to the performance
For performances, the protection cases specified in Clause 1, Article 17 of the IP Law are as follows:
“(a) They are made by Vietnamese citizens in Vietnam or abroad;
(b) They are made by foreigners in Vietnam;
(c) They are fixed on audio and visual fixation and protected pursuant to the provisions of article 30 of this Law;
(d) They have not yet been fixed on audio and visual fixation but have already been broadcast and are protected pursuant to the provisions of article 31 of this Law;
(dd) They are protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.”
2.2. Protection of copyright related rights to phonograms and video recordings
The cases for sound and video recordings specified in Clause 2 of this Article include:
“(a) It belongs to audio and visual fixation producers bearing Vietnamese nationality;
(b) It belongs to audio and visual fixation producers protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.”
2.3. Cases where copyright related rights are protected for broadcast programs, encrypted program-carrying satellite signals
Protected cases for broadcast programs, encrypted program-carrying satellite signals specified in Clause 3, Article 17 include:
“(a) They belong to broadcasting organizations bearing Vietnamese nationality;
(b) They belong to broadcasting organizations protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.”