CHAPTER II: Contents of, Limitations on and Term of Protection of Copyright and Related Rights (Law no. 50/2005/qh11 on intellectual property)

CHAPTER II
Contents of, Limitations on and Term of Protection of Copyright and Related Rights

Section 1
Contents of, Limitations on and Term of Protection of Copyright

Article 18 Copyright

Copyright in works regulated in this Law shall comprise moral rights and economic rights.

Article 19 Moral rights

Moral rights [of authors] shall comprise the following rights:

1. To give titles to their works.

2. To attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

3. To publish their works or to authorize other persons to publish their works.

4. To protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.

Article 20 Economic rights

1. Economic rights [of authors] shall comprise the following rights:

(a) To make derivative works;

(b) To display their works to the public;

(c) To reproduce their works;

(d) To distribute or import the original or copies of their works;

(đ) To communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

(e) To lease the original or copies of cinematographic works and computer programs.

2. Authors or copyright holders shall exclusively exercise the rights stipulated in clause 1 of this article or may grant other persons the right to exercise such rights pursuant to the provisions of this Law.

3. When any organization or individual exercises one, several or all of the rights stipulated in clause 1 of this article and in article 19.3 of this Law, such organization or individual must ask for permission from the copyright holder and must pay royalties, remuneration or other material benefits to the copyright holder.

Article 21 Copyright in cinematographic works and dramatic works

1. Persons who act as directors; screenwriters; cameramen; montage makers; music composers; art designers; studio sound, lighting and art designers; studio props and technical effects designers, and persons engaged in other creative jobs in making cinematographic works shall have the rights stipulated in clauses 1, 2 and 4 of article 19 of this Law and other rights as agreed.

Persons who act as directors, playwrights, choreographers, music composers, art designers, stage sound designers, lighting and art stage designers, stage props and technical effects designers, and persons engaged in other creative jobs in making stage works shall have the rights stipulated in clauses 1, 2 and 4 of article 19 of this Law and other rights as agreed.

2. Organizations and individuals who invest finance or material and technical facilities in the production of cinematographic works and stage works shall be holders of the rights stipulated in article 19.3 and article 20 of this Law.

3. The organizations and individuals stipulated in clause 2 of this article shall be obliged to pay royalties, remuneration or other material benefits as agreed with the persons stipulated in clause 1 of this article.

Article 22 Copyright in computer programs and data collections

1. Computer program means a set of instructions expressed in the form of commands, codes, diagrams and other forms which, when incorporated in a device readable by a computer, are capable of enabling such computer to perform a job or achieve a specific result.

Computer programs shall be protected the same as literary works, irrespective of whether the computer programs are expressed in the form of source codes or machine codes.

2. Data collection means a set of data selected or arranged in a creative way and expressed in electronic or other forms.

Copyright protection of data collections shall not extend to protection of the data itself, and must not be prejudicial to copyright in the data itself.

Article 23 Copyright in folklore and folk art works

1. Folklore and folk art work means a collective creation based on the traditions of a community or individuals reflecting the ambitions of such community and expressed in a form appropriate to the cultural and social characteristics, standards and values of such community which have been handed down by imitation or other modes. Folklore and folk art works shall comprise:

(a) Folk tales, lyrics and riddles;

(b) Folk songs and melodies;

(c) Folk dances, plays, rites and games;

(d) Folk art products including graphics, paintings, sculpture, musical instruments, architectural models and other artistic expressions in any material form.

2. Organizations and individuals using folklore and folk art works must cite the origins of the folklore and folk art works, and must ensure that the authentic value of such folklore and folk art works is preserved.

Article 24 Copyright in literary, artistic and scientific works

The Government shall issue specific regulations governing the protection of copyright in the literary, artistic and scientific works stipulated in article 14.1 of this Law.

Article 25 Cases when published works may be used without having to seek permission or pay royalties or remuneration

1. Published works may be used without having to seek permission or pay royalties or remuneration in the following cases:

(a) Making one copy of the work of an author for scientific research or teaching purposes;

(b) Reasonable quoting from a work in order to comment on or illustrate one’s own works, without misrepresenting the author’s views;

(c) Quoting from a work in order to write an article published in a newspaper or periodical, in a radio or television broadcast or in a documentary, without misrepresenting the author’s views;

(d) Quoting from a work in school or university for lecturing purposes without misrepresenting the author’s views and not for commercial purposes;

(đ) Copying of a work by a library for archival and research purposes;

(e) Performing a stage work or other art work in mass cultural, communication or mobilization activities without collecting fees in any form;

(g) Audio-visual recording of a performance in order to report current events or for teaching purposes;

(h) Photographing or televising plastic art; or an architectural, photographic, or applied art work displayed at a public place in order to present images of such work;

(i) Transcribing a work into braille or into characters of other languages for the blind;

(k) Importing copies of another’s work for personal use.

2. Organizations and individuals who use the works stipulated in clause 1 of this article must neither affect the normal use of such works nor cause prejudice to the rights of the author or copyright holder, and must provide information being the author’s name and the source and origin of the work.

3. The use of works in the cases stipulated in clause 1 of this article shall not apply to architectural works, plastic works and computer programs.

Article 26 Cases when published works may be used without having to seek permission but royalties or remuneration must be paid

1. A broadcasting organization which uses a published work to make a broadcast which is sponsored, contains an advertisement or which collects fees in any form shall not be required to seek permission but must pay royalties or remuneration to the copyright holder in accordance with regulations of the Government.

2. Organizations and individuals who use works stipulated in clause 1 of this article must neither affect the normal use of such works nor cause prejudice to the rights of the author or copyright holder, and must provide information being the author’s name and the source and origin of the work.

3. The use of works in the cases stipulated in clause 1 of this article shall not apply to cinematographic works.

Article 27 Term of copyright protection

1. The moral rights stipulated in clauses 1, 2 and 4 of article 19 of this Law shall be protected for an indefinite term.

2. The moral rights stipulated in article 19.3 and the economic rights stipulated in article 20 of this Law shall enjoy the following terms of protection:

(a) Cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. If a cinematographic work or stage work has not been published within fifty (50) years from the date of its formulation, the term of protection shall be calculated from the date of its formulation. When information on the author of an anonymous work appears, the term of protection of such work shall be calculated pursuant to sub-clause (b) below;

(b) Any work not stipulated in sub-clause (a) above shall be protected for the whole life of the author and for fifty (50) years after his or her death. In the case of a work of joint authors, the term of protection shall expire in the fiftieth year after the death of the last surviving co-author;

(c) The term of protection stipulated in sub-clauses (a) and (b) of this clause shall expire at 24:00 hours on 31 December of the year of expiration of the copyright protection term.

Article 28 Conduct constituting infringement of copyright

1. Appropriating copyright in a literary, artistic or scientific work.

2. Impersonating an author.

3. Publishing or distributing a work without permission from the author.

4. Publishing or distributing a work of joint authors without permission from the co-authors.

5. Modifying, editing or distorting a work in any way which prejudices the honour and reputation of the author.

6. Copying a work without permission from the author or copyright holder, except in the cases stipulated in sub-clauses (a) and (đ) of article 25.1 of this Law.

7. Making a derivative work without permission from the author or copyright holder of the work used for making such derivative work, except in the case stipulated in sub-clause (i) of article 25.1 of this Law.

8. Using a work without permission from the copyright holder and without paying royalties, remuneration or other material benefits in accordance with law, except in the cases stipulated in article 25.1 of this Law.

9. Leasing out a work without paying royalties, remuneration or other material benefits to the author or copyright holder.

10. Duplicating, producing copies of, distributing, displaying or communicating a work to the public via a communications network or digital means without permission from the copyright holder.

11. Publishing a work without permission from the copyright holder.

12. Deliberately destroying or de-activating the technical solutions applied by the copyright holder to protect copyright in his or her work.

13. Deliberately deleting or modifying electronic information in a work regarding management of the rights to such work.

14. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out equipment when knowing, or having grounds to know, that such equipment may de-activate technical solutions applied by the copyright holder to protect copyright in his or her work.

15. Making and selling a work with a forged signature of the author of such work.

16. Importing, exporting or distributing copies of a work without permission from the copyright holder.

SECTION 2
Contents of, Limitations on and Term of Protection of Related Rights

Article 29 Rights of performers

1. Performers who are also the investors shall have the moral rights and economic rights to their performances. Where performers are not also the investors, the performers shall have the moral rights and the investors shall have the economic rights to performances.

2. Moral rights shall comprise the following rights:

(a) To have the name acknowledged when performing, when distributing audio and visual fixation or when broadcasting performances;

(b) To protect the integrity of the imagery of the performance, and to prevent others from modifying, editing or distorting the work in any way prejudicial to the honour and reputation of the performer.

3. Economic rights shall include the exclusive right to exercise or to authorize others to exercise the following rights:

(a) To formulate a live performance on audio and visual fixation;

(b) To directly or indirectly reproduce a performance which has been formulated on audio and visual fixation;

(c) To broadcast or to communicate to the public in other ways an unformulated performance so that it may be accessed by the public, except where such performance is intended to be broadcast;

(d) To distribute to the public an original performance and copies thereof by sale, rental or distribution by whatever technical means which are accessible by the public.

4. Any organization or individual who exploits or uses the rights stipulated in clause 3 of this article must pay remuneration to the performer in accordance with law or pursuant to an agreement if there is no relevant provision of law.

Article 30 Rights of producers of audio and visual fixation

1. Producers of audio and visual fixation shall have the exclusive right to exercise, or to authorize others to exercise, the following rights:

(a) To directly or indirectly copy their audio and visual fixation;

(b) To distribute to the public their original audio and visual fixation and copies thereof by sale, rent or distribution by whatever technical means which are accessible by the public.

2. Producers of audio and visual fixation shall be entitled to material benefits when such recording is distributed to the public.

Article 31 Rights of broadcasting organizations

1. Broadcasting organizations shall have the exclusive right to exercise, or to authorize others to exercise, the following rights:

(a) To broadcast or re-broadcast their broadcasts;

(b) To distribute their broadcasts to the public;

(c) To formulate [into a fixed form] their broadcasts;

(d) To reproduce formulated broadcasts.

2. Broadcasting organizations shall be entitled to material benefits when their broadcasts are recorded and distributed to the public.

Article 32 Cases when related rights may be exercised without having to seek permission or pay royalties or remuneration

1. Related rights may be exercised without having to seek permission or pay royalties or remuneration in the following cases:

(a) Making one copy of a work for personal scientific research purposes;

(b) Making one copy of a work for teaching purposes, except for performances, audio and visual fixation or broadcasts which have been published for teaching purposes;

(c) Reasonable quoting from a work in order to provide information;

(d) Making of provisional copies of a work by a broadcasting organization for broadcasting purposes when such organization has the broadcasting right.

2. Organizations and individuals who use works stipulated in clause 1 of this article must neither affect the normal use of performances, audio and visual fixation or broadcasts; nor cause prejudice to the rights of performers, producers of audio and visual fixation, or broadcasting organizations.

Article 33 Cases when related rights may be exercised without having to seek permission but when royalties or remuneration must be paid

1. Organizations and individuals who exercise related rights in the following cases shall not be required to seek permission but must pay agreed royalties or remuneration to performers, producers of audio and visual fixation, or to broadcasting organizations:

(a) They directly or indirectly use published audio and visual fixation for commercial purposes in making broadcasts which are sponsored, contain advertisements or which collect fees in any form;

(b) They use published audio and visual fixation in business or commercial activities.

2. Organizations and individuals who use works stipulated in clause 1 of this article must neither affect the normal use of performances, audio and visual fixation or broadcasts; nor cause prejudice to the rights of performers, producers of audio and visual fixation or broadcasting organizations.

Article 34 Term of protection of related rights

1. The rights of performers shall be protected for fifty (50) years calculated from the year following the year of formulation [into a fixed form] of a performance.

2. The rights of producers of audio and visual fixation shall be protected for fifty (50) years calculated from the year following the year of publication, or fifty (50) years calculated from the year following the year of formulation of any unpublished audio and visual fixation.

3. The rights of broadcasting organizations shall be protected for fifty (50) years calculated from the year following the year of the making of a broadcast.

4. The terms of protection stipulated in clauses 1, 2 and 3 of this article shall expire at 24:00 hrs on 31 December of the year of expiration of the term of protection of the related rights.

Article 35 Conduct constituting infringement of related rights

1. Appropriating the rights of a performer, producer of audio and visual fixation, or of a broadcasting organization.

2. Impersonating a performer, producer of audio and visual fixation, or a broadcasting organization.

3. Publishing, producing and distributing a formulated performance, audio and visual fixation or a broadcast without permission from the performer, producer of the audio and visual fixation or from the broadcasting organization.

4. Modifying, editing or distorting a performance in any way which prejudices the honour and reputation of the performer.

5. Copying or reciting from a formulated performance, audio and visual fixation or a broadcast without permission from the performer, producer of the audio and visual fixation or from the broadcasting organization.

6. Deliberately deleting or modifying electronic information regarding management of rights without permission from the related right holder.

7. Deliberately destroying or de-activating the technical solutions applied by the related right holder to protect his or her rights.

8. Publishing, distributing or importing for public distribution performances, copies of a fixed performance or audio and visual fixation knowing, or having grounds to know, that electronic information regarding management of rights has been deleted or modified without permission from the related right holder.

9. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out equipment knowing, or having grounds to know, that such equipment helps to illegally decode satellite signals carrying coded programmes.

10. Deliberately receiving or relaying satellite signals carrying coded programmes without permission from the legal distributor.

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