CHAPTER IV: Transfer of Copyright and Related Rights (Law no. 50/2005/qh11 on intellectual property)

CHAPTER IV
Transfer of Copyright and Related Rights

SECTION 1
Assignment of Copyright and Related Rights

Article 45 General provisions on assignment of copyright and related rights

1. Assignment of copyright and related rights means the transfer by copyright holders or related right holders of the ownership of the rights stipulated in articles 19,3, 20, 29.3, 30 and 31 of this Law to other organizations and individuals pursuant to a contract or in accordance with a relevant provision of law.

2. Authors shall not be permitted to assign the moral rights stipulated in article 19 of this Law, except for the right of publication. Performers shall not be permitted to assign the moral rights stipulated in article 29.2 of this Law.

3. Where a work, performance, audio and visual fixation or broadcast is under joint ownership, the assignment thereof must be agreed upon by all co-owners. In a case of joint ownership of a work, performance, audio and visual fixation or broadcast which is composed of separate parts detachable for independent use, copyright holders or related right holders may assign their copyright or related rights in their separate parts to other organizations or individuals.

Article 46 Contracts for the assignment of copyright or related rights

1. A contract for the assignment of copyright or related rights must be made in writing and include the following principal contents:

(a) Names and addresses of the assignor and the assignee;

(b) Grounds for the assignment;

(c) Price and method of payment;

(d) Rights and obligations of the parties;

(đ) Liability for contractual breach.

2. The performance, amendment, termination or cancellation of a contract for the assignment of copyright or related rights must comply with the provisions of the Civil Code.

SECTION 2
Licensing of Copyright and Related Rights

Article 47 General provisions on licensing of copyright and related rights

1. Licensing of copyright and related rights means the grant of permission by the copyright holder or related right holder for another organization or individual to use for a definite term one, several or all of the rights stipulated in articles 19,3, 20, 29.3, 30 and 31 of this Law.

2. Authors shall not be permitted to license the moral rights stipulated in article 19 of this Law, except for the right of publication. Performers shall not be permitted to license the moral rights specified in article 29.2 of this Law.

3. Where a work, performance, audio and visual fixation or broadcast is under joint ownership, the licensing of copyright or related rights therein must be agreed upon by all co-owners. In a case of joint ownership of a work, performance, audio and visual fixation or broadcast which is composed of separate parts detachable for independent use, copyright holders or related right holders may license their copyright or related rights in their separate parts to other organizations or individuals.

4. Any organization or individual to whom copyright or related rights are licensed shall be permitted to license other organizations and individuals after obtaining permission from the copyright holder or related right holder.

Article 48 Contracts for the licensing of copyright or related rights

1. A contract for the licensing of copyright or related rights must be made in writing and include the following principal contents:

(a) Full names and addresses of the licensor and the licensee;

(b) Grounds for the licence;

(c) Scope of the licence;

(d) Price and method of payment;

(đ) Rights and obligations of the parties;

(e) Liability for contractual breach.

2. The performance, amendment, termination or cancellation of a contract for the licensing of copyright or related rights must comply with the provisions of the Civil Code.

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