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FOREIGN TRADE UNIVERSITY
HO CHI MINH CITY CAMPUS
INTELLECTUAL PROPERTY
Major: International B!ine!! E"ono#i"!
VIETNAM LA$ ON COPYRIGHT
Gro%: &
Cla!!: '(&CLC)
S%er*i!or: M!+ Ho T,i Hai T,-
Ho C,i Min, Cit-. A/!t )0&(
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GROUP MEMBER
Do Ha M- &)0&0&1)0)T,ai San, Hoan/ N,at &)0&0&1)23La# T,ien P," &)0&0&1)4(N/-en D" Tai &)0&0&12&&V5n B6", Min, An, &)0&0)(004L7 T,an, H8n/ &)0&0)(0)9Trn N/;" n/ &)0&0)(02(Ho?n/ @n/ M Lin, &)0&0)(029N/-n N,t Lin, &)0&0)(0&
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TABLE OF CONTENTS
PERFACE++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++&
C,a%ter One: INTRODUCTION OF COPYRIGHT+++++++++++++++++++++++++++++++++++++++++++2
1.1. Brief history of Copyright.................................................................................3
1.2. Definition of Copyright in Vietnam Law..........................................................5
1.2.1. Moral rights....................................................................................................5
1.2.2. Economic rights.............................................................................................. 5
1.3. Conditions for protection of copyright..............................................................
1.3.1. !"thors and copyright holders that ha#e wor$s co#ered %y Copyright...........
1.3.2. &ypes of wor$s co#ered %y Copyright............................................................1.3.3. '"%(ect matters not co#ered %y Copyright protection.....................................)
C,a%ter To: CONTENTS OF. LIMITATIONS ON AND TERM OF
PROTECTION OF COPYRIGHT++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++3
2.1. &erm of protection of Copyright.......................................................................*
2.1.1. +ndefinite term................................................................................................*
2.1.2. &ime limit protection......................................................................................*
2.2. !cts of not infringing "pon Copyright..............................................................,
2.2.1. -ermission or payment of royalties or rem"nerations is not re"ired.............,
2.2.2. -ermission is not re"ired %"t the payment of royalties or rem"nerations is
re"ired...................................................................................................................1/
2.3. +nfringing "pon Copyright..............................................................................11
2.3.1. !cts of infringing "pon Copyright................................................................11
2.3.2. Enforcement on copyright infringement.......................................................13
C,a%ter T,ree: COMPARISON $ITH BERNE CONVENTION &334 AND
PRACTICAL CASES++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++&
3.1. Comparison with Berne Con#ention 1**......................................................10
3.1.1. Conditions for protection of Copyright.........................................................10
3.1.2. !cts of not infringing "pon Copyright..........................................................10
3.1.3. !cts of not infringing "pon copyright...........................................................15
3.2. -ractical cases.................................................................................................15
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3.2.1. Case st"dy for conditions for protection of copyright...................................15
3.2.2. Case st"dy for &erm of protection of copyright............................................1
3.2.3. Case st"dy for acts of not infringing "pon Copyright...................................1)
3.2.0. Case st"dy for acts of infringing "pon Copyright.........................................1)
CONCLUSION++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++&9
REFERENCES++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++)0
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PERFACE
+n the age of glo%aliation international trade plays a #ital role in promoting
the de#elopment of the national economy and ta$ing ad#antage of the co"ntries
competencies. !long with the trend of promoting international %"siness intellect"al property is gaining more and more attention and protection glo%ally. 4ot only
de#eloping co"ntries shows growing concern a%o"t it %"t also other gro"ps of
co"ntries rapidly %ecome aware of the importance to protect these intangi%le assets.
&here is little room for do"%t that intellect"al property is one of the %asic factors
contri%"ting to the competiti#eness of the companies in the mar$et. !s the #al"e of
comm"nicati#e epression grows so does the legal str"ct"re that go#erns the r"les
concerning its ownership. -rod"cts of the mind informational prod"cts are
protected "nder 6+ntellect"al -roperty Law7 in which 6Copyright Law7 plays an
important role.
8owe#er in some de#eloping co"ntries especially in Vietnam Copyright
infringement still happens reg"larly. +n fact Vietnam is one of the co"ntries ha#ing
the highest rate of Copyright infringement in the world. &a$e "nlicensed software
installation for eample according to the B"siness 'oftware !lliance Vietnam
possessed one of the highest piracy rates in the world of ,29 in 2//0. !ltho"gh this
proportion dropped to *19 in 2/13 it is still relati#ely high as compared to the
regional a#erage rate of /9. :a$e co"nterfeit and pirated goods are sold almost
e#erywhere ma$ing no one e#er thin$s they are illegal and need to %e prohi%ited.
&his real sit"ation is alarming since while the Constit"te of Vietnam enco"rages
people to %e creati#e and to research their rights are not protected.
&herefore after (oining the ;orld &rade
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@ Chapter &hree? Comparison with Berne Con#ention 1** and -ractical cases
Beca"se of limited $nowledge and time this report is "na%le to thoro"ghly
eplore all aspects of the pro%lems. 8ence there might %e some ine#ita%le mista$es
in the report for which the writers willingly welcome the remar$s of the lect"rer. 4e#ertheless o"r gro"p hopes to partly contri%"te to the st"dy of copyright law in
Vietnam which also helps to promote the s"staina%le de#elopment of the economy
as well as the society.
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C,a%ter One: INTRODUCTION OF COPYRIGHT
&+&+ Brie ,i!tor- o Co%-ri/,t
&he origin of copyright law is closely lin$ed with the technological progress.
&he in#ention of the printing press =the worlds first copying machine> in 1th
cent"ry %ro"ght a%o"t an eplosi#e growth of reading material widely a#aila%le for
the first time. +t is estimated that %efore the in#ention of the printing press the
n"m%er of %oo$s in all E"rope was a%o"t tho"sands %"t after only 5/ years the
fig"re was incredi%ly "p to 1/ million. &his intensi#e growth together with the
economic opport"nities accompanied with "rged the go#ernment to control the
flood of print matter and created an immediate need for protection of the rights of
%oth a"thor and p"%lisher from the earliest of literacy pirates. +n 1)1/ the worlds
first copyright law the 'tat"te of !nne was enacted in England.
+n Vietnam copyright is not "nder deep attention since the co"ntry has ("st
reformed and de#eloped its economy after war. +n general the r"les regarding the
protection of copyright were all stip"lated in doc"ments %elow law. 'ome
milestones can %e co"nted incl"ding the followings. +n 1,) Vietnam (oined the
;orld +ntellect"al -roperty
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Con#ention protecting recording prod"cers from illegal copying their records and
Br"ssels Con#ention related to signaling %y satellite.
+n some de#eloping co"ntries especially in Vietnam copyright infringement
still happens reg"larly. +n fact Vietnam is one of the co"ntries ha#ing the highestrate of Copyright infringement in the world. 8owe#er than$s to the management of
the go#ernment which foc"sing on implementing copyright law the rate of
copyright #iolation in Vietnam has %een decreasing rapidly. +ndeed the software
ind"stry has seen a positi#e red"ction in the "nlicensed software -C installations
C,art &+&+ Rate! o nli"en!e PC !otare in!tallation!
nit? 9
2//) 2//, 2/11 2/13/
1/
2/
3/0/
5/
/
)/
*/
,/
Vietnam
Asia Pacifc
(Source: BSA Global Software Survey)
&he fig"re ill"strates that according to the B"siness 'oftware !lliance
=B'!> Vietnam is one of the co"ntries ha#ing the highest rates of "nlicensed -C
installations in the world of *59 in 2//). &his fig"re is "ite easy to "nderstand
%eca"se fa$e co"nterfeit and pirated goods are a#aila%le almost e#erywhere in
Vietnam allowing people to %"y it easily with low prices witho"t concern of
#iolating the law. et the go#ernment grad"ally controls this sit"ation and lowers
these rates from *59 in 2//) and 2//, to *19 in 2/13. !ltho"gh this proportiondropped %y 09 in 2/1o#er the period of * years it is still relati#ely high as
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compared to the regional a#erage rate of 29 in 2/13. &herefore the effort made %y
the go#ernment is still not eno"gh for Vietnam to enhance its copyright. &he
co"ntry needs to implement the law more strictly in the f"t"re.
&+)+ Deinition o Co%-ri/,t in Vietna# LaCopyright is one $ind of +ntellect"al -roperty. !nd in accordance to Law of
+ntellect"al -roperty 4o. 5/A2//5.F8.11 the Copyright is defined as rights of
organiations and indi#id"als to wor$s they ha#e created or own. !dditionally
Copyright to wor$s consists of Moral ights and Economic ights.
&+)+&+ Moral ri/,t!
Moral rights of a"thors incl"de the following rights?
@ &o title their wor$sG@ &o attach their real names or pse"donyms to their wor$sG to ha#e their real
names or pse"donyms ac$nowledged when their wor$s are p"%lished or
"sedG@ &o p"%lish their wor$s or a"thorie other persons to p"%lish their wor$sG@ &o protect the integrity of their wor$s and to pre#ent other persons from
modifying m"tilating or distorting their wor$s in whate#er form pre("dicial
to their honor and rep"tation
&+)+)+ E"ono#i" ri/,t!
Economic rights of a"thors incl"de the following rights?
@ &o ma$e deri#ati#e wor$sG@ &o display their wor$s to the p"%licG@ &o reprod"ce their wor$sG@ &o distri%"te or import original wor$s or copies thereofG@ &o comm"nicate their wor$s to the p"%lic %y wire or wireless means
electronic information networ$s or any other technical meansG@ &o lease original cinematographic wor$s and comp"ter programs or copies
thereof.
&he Economic rights shall %e ecl"si#ely eercised %y a"thors or copyright
holders or granted %y a"thors or copyright holders to other persons for eercise
"nder the pro#isions of this Law.
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&+2+ Conition! or %rote"tion o "o%-ri/,t
&+2+&+ At,or! an "o%-ri/,t ,oler! t,at ,a*e orJ! "o*ere K- Co%-ri/,t
!ccording to !rticle 13 of Law of +ntellect"al -roperty 4o. 5/A2//5.F8.11
a"thors and copyright holders that ha#e wor$s co#ered %y copyright are?@ @ -lastic@art wor$s and wor$s of applied art@ -hotographic wor$s@ !rchitect"ral wor$s@ '$etches plans maps and drawings related to topography or scientific wor$s@ :ol$lore and fol$ art wor$s of fol$ c"lt"re@ Comp"ter programs and compilations of data
+n the law 4o. 3A2//,.F812 amending and s"pplementing a n"m%er of
!rticles of the Law on +ntellect"al -roperty 2//, this list is amended from thesentence 6'$etches plans maps and drawings related to topography or scientific
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wor$s7 into 6'$etches plans maps and drawings related to topography architect"re
or scientific wor$s7. +n another word the copyright laws since 2//, will %egin to
protect the s$etches plans maps and drawings related architect"re which is not
mentioned in the 2//5 +ntellect"al -roperty Law.
Second deri#ati#e wor$s shall %e protected only if it is not pre("dicial to the
copyright to wor$s "sed to create s"ch deri#ati#e wor$s. Third , protected works
must be created personally by authors through their intellectual labor without
copying others’ works.
&+2+2+ SKje"t #atter! not "o*ere K- Co%-ri/,t %rote"tion
In the Article 15 of Law of Intellectual Property No. 50/2005.QH.11, the
copyright law defined the subject matters not covered by copyright protection as:
@ 4ews of the day as mere items of press information.@ Legal doc"ments administrati#e doc"ments and other doc"ments in the
("dicial domain and official translations of these doc"ments.
@ -rocesses systems operation methods concepts principles and data.
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C,a%ter To: CONTENTS OF. LIMITATIONS ON AND TERM OF
PROTECTION OF COPYRIGHT
)+&+ Ter# o %rote"tion o Co%-ri/,t
)+&+&+ Ineinite ter#!ccording to !rticle 2) of Law of +ntellect"al -roperty 4o. 5/A2//5.F8.11
the +ndefinite term will %e applied for three of fo"r Moral rights which is to title
their wor$sG attach their real names or pse"donyms to their wor$s to ha#e their real
names or pse"donyms ac$nowledged when their wor$s are p"%lished or "sed and
protect the integrity of their wor$s and to pre#ent other persons from modifying
m"tilating or distorting their wor$s in whate#er form pre("dicial to their honor and
rep"tation.
)+&+)+ Ti#e li#it %rote"tion
!ccording to !rticle 2) of Law of +ntellect"al -roperty 4o. 5/A2//5.F8.11
the time limit protection will %e applied for the Moral right which is to p"%lish their
wor$s or a"thorie other persons to p"%lish their wor$s and Economic rights.
+n addition the time limit of protection for the copyrights is specified for
each type of wor$s as followed?
@ Cinematographic wor$s photographic wor$s wor$s of applied art and
anonymo"s wor$s ha#e a term of protection of se#enty fi#e years from the
date of first p"%lication. :or cinematographic wor$s photographic wor$s and
wor$s of applied art which remain "np"%lished within twenty fi#e years from
the date of fiation the term of protection is one h"ndred years from the date
of fiation.@ ! wor$ not mentioned a%o#e is protected for the whole life of the a"thor and
for fifty years after hisAher death. :or a wor$ "nder (oint a"thorship the term
of protection epires in the fiftieth year after the death of the last s"r#i#ing
co@a"thor. !nd the term of protection epires at 20?// hrs of Decem%er 31 of
the year of epiration of the copyright protection term.
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)+)+ A"t! o not inrin/in/ %on Co%-ri/,t
)+)+&+ Per#i!!ion or %a-#ent o ro-altie! or re#neration! i! not reire
!ccording to !rticle 25 of Law of +ntellect"al -roperty 4o. 5/A2//5.F8.11
cases of "se of p"%lished wor$s in which permission or payment of royalties orrem"nerations is not re"ired incl"de?
@ D"plication of wor$s for personal scientific research or teaching p"rposeG@ easona%le recitation of wor$s witho"t misrepresenting the a"thorsH #iews
for commentary or ill"strati#e p"rposeG@ ecitation of wor$s witho"t misrepresenting the a"thorsH #iews in articles
p"%lished in newspapers or periodicals in radio or tele#ision %roadcasts or
doc"mentariesG@ ecitation of wor$s in schools for lect"ring p"rpose witho"t misrepresenting
the a"thorsH #iews and not for commercial p"rposeG@ eprographic reprod"ction of wor$s %y li%raries for archi#al and research
p"rposeG@ -erformance of dramatic wor$s or other performing@art wor$s in mass
c"lt"ral comm"nication or mo%iliation acti#ities witho"t collecting any
charges in any formG@ !"dio#is"al recording of performances for the p"rpose of reporting c"rrent
e#ents or for teaching p"rposeG@ -hotographing or tele#ising of plastic art architect"ral photographic
applied@art wor$s displayed at p"%lic places for the p"rpose of presenting
images of these wor$sG@ &ranscription of wor$s into Braille or characters of other lang"ages for the
%lindG@ +mportation of copies of othersH wor$s for personal "se.
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p"rposes ecl"ding the pro#ision of d"plication for personal "se and reprod"ction
of wor$ for archi#al and research p"rposes. &his also means that s"ch p"rposes as
6D"plication of wor$s for personal scientific research or teaching p"rpose7 and
6eprographic reprod"ction of wor$s %y li%raries for archi#al and research p"rpose7 will ha#e to as$ for permission of the a"thor if needed payment in the
architect"ral wor$s plastic wor$s and comp"ter programs.
)+)+)+ Per#i!!ion i! not reire Kt t,e %a-#ent o ro-altie! or
re#neration! i! reire
!ccording to !rticle 2 of Law of +ntellect"al -roperty 4o. 5/A2//5.F8.11
cases of "se of p"%lished wor$s in which permission is not re"ired %"t the payment
of royalties or rem"nerations is re"ired?
@ Broadcasting organiations that "se p"%lished wor$s in ma$ing their
%roadcasts which are sponsored ad#ertised or charged in whate#er form are
not re"ired to o%tain permission %"t ha#e to pay royalties or rem"nerations
to copyright holders from the date of "se. Le#els of royalties rem"nerations
or other material %enefits and modes of payment shall %e agreed "pon %y
in#ol#ed parties. +f no agreement is reached in#ol#ed parties shall comply
with reg"lations of the o#ernment or instit"te laws"its at co"rt "nder law.
Broadcasting organiations that "se p"%lished wor$s in ma$ing their
%roadcasts which are not sponsored ad#ertised or charged in whate#er form
are not re"ired to o%tain permission %"t ha#e to pay royalties or
rem"nerations to copyright holders from the date of "se "nder reg"lations of
the o#ernment.@
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the o#ernments reg"lations7 to 6ha#e to pay royalties or rem"nerations to
copyright holders from the date of "se7 and added 6Le#els of royalties
rem"nerations or other material %enefits and modes of payment shall %e agreed
"pon %y in#ol#ed parties. +f no agreement is reached in#ol#ed parties shall complywith reg"lations of the o#ernment or instit"te laws"its at co"rt "nder law.
Broadcasting organiations that "se p"%lished wor$s in ma$ing their %roadcasts
which are not sponsored ad#ertised or charged in whate#er form are not re"ired
to o%tain permission %"t ha#e to pay royalties or rem"nerations to copyright holders
from the date of "se "nder reg"lations of the o#ernment7 which means that since
2//, the copyright holder will %e paid royalties or rem"nerations from the date of
"se. !dditionally the le#el mode of payment of royalties or rem"nerations or other
material %enefits and agreement of %oth parties ha#e %een clearly pointed o"t.
Broadcasting acti#ities will not ha#e to as$ for permission %"t ha#e to pay royalties
or rem"nerations to copyright holders from the date of "se.
)+2+ Inrin/in/ %on Co%-ri/,t
)+2+&+ A"t! o inrin/in/ %on Co%-ri/,t
!ccording to 6Law
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scientific research or teaching p"rpose7 and 6eprographic reprod"ction of
wor$s %y li%raries for archi#al and research p"rpose7.@ Ma$ing deri#ati#e wor$s witho"t permission of a"thors or holders of
copyright to wor$s "sed for the ma$ing of deri#ati#e wor$s ecept for the
cases specified which is 6&ranscription of wor$s into Braille or characters of
other lang"ages for the %lind7.@ sing wor$s witho"t permission of copyright holders witho"t paying
royalties rem"nerations or other material %enefits according to the
pro#isions of law ecept for the cases of "se of p"%lished wor$s where
permission and payment of royalties andAor rem"nerations are not re"ired@ Leasing wor$s witho"t paying royalties rem"nerations or other material
%enefits to a"thors or copyright holders.@ D"plicating reprod"cing distri%"ting displaying or comm"nicating wor$s
to the p"%lic #ia comm"nication networ$s and %y digital means witho"t
permission of copyright holders.@ -"%lishing wor$s witho"t permission of copyright holders.@ ;illingly canceling or deacti#ating technical sol"tions applied %y copyright
holders to protect copyright to their wor$s.@ ;illingly deleting or modifying right management information in electronic
form in wor$s.@ Man"fact"ring assem%ling transforming distri%"ting importing eporting
selling or leasing e"ipment when $nowing or ha#ing gro"nds to $now that
s"ch e"ipment may deacti#ate technical sol"tions applied %y copyright
holders to protect copyright to their wor$s.@ Ma$ing and selling wor$s with forged signat"res of a"thors of original
wor$s.@ Eporting importing or distri%"ting copies of wor$s witho"t permission of
copyright holders.
)+2+)+ Enor"e#ent on "o%-ri/,t inrin/e#ent
&he pro#isions of 4o. 31A2//1A4D@C- impose relati#ely strict penalties on
copyright infringement. nder those pro#isions the competent a"thorities shall
either iss"e warnings to infringers or impose monetary fines depending on the
nat"re and gra#ity of the infringements.
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! fine of from V4D 2///// to V4D )/////// shall %e applied to the
"na"thoried m"ltiplication rep"%lication d"plication and d"%%ing of copyrighted
wor$s articles and programs. &he citations of anotherHs wor$s witho"t indicating
the a"thorHs name and the so"rce of the wor$ shall %e fined from V4D 2///// toV4D 5/////. ! fine of from V4D 3////// to V4D 1/////// shall %e imposed
on persons who witho"t the permission from the owner cond"ct the translation
m"tilation adaptation or alteration of wor$s. +llegal acts of p"%lication
dissemination and performance of copyright wor$s are s"%(ect to a fine of from
V4D 2///// to V4D 2///////. !dditional penalties shall incl"de re#o$ing the %"siness license confiscating
infringing prod"cts and the means "sed to prod"ce and commercialie infringing prod"cts compelling the infringer to pay compensation to the owner for material
damages "p to a maim"m of V4D 1////// and destroying confiscated harmf"l
c"lt"ral articles.
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C,a%ter T,ree: COMPARISON $ITH BERNE CONVENTION &334 AND
PRACTICAL CASES
2+&+ Co#%ari!on it, Berne Con*ention &334
2+&+&+ Conition! or %rote"tion o Co%-ri/,tVietnam has (oined the Berne Con#ention for more than ten years. !nd in
this con#ention there are some point a%o"t conditions for copyright protection
mentioned that is different from Vietnamese Copyright law.
Firstly the list of the literary artistic and scientific wor$s co#ered %y
copyright of Berne Con#ention does not mention the comp"ter programs and
compilations of data which is protected in Vietnamese law. &his cla"se is also
a#aila%le in &+-s agreement.
Secondly in the Berne Con#ention it is defined that 6collections of literary
or artistic wor$s s"ch as encyclopedias and anthologies which %y reason of the
selection and arrangement of their contents constit"te intellect"al creations shall %e
protected as s"ch witho"t pre("dice to the copyright in each of the wor$s forming
part of s"ch collections7. &his cla"se is not mentioned in the Vietnamese Law.
8owe#er the Berne Con#ention also noted that it shall %e a matter for
legislation in the co"ntries of the nion to determine the protection to %e granted to
official tets of a legislati#e administrati#e and legal nat"re and to official
translations of s"ch tets. Vietnam decided to list this as not co#ered %y copyright.
2+&+)+ A"t! o not inrin/in/ %on Co%-ri/,t
First regarding "otations they are considered legitimate when it is ta$en
from a wor$ was made a#aila%le to the p"%lic in a legal way as long as the citations
that fit with fair practice and does not eceed the p"rposes cited incl"ding citationsof (o"rnal articles and periodic form of press re#iews.
Second on the ill"strations for teaching (o%s the national legislation of the
nion and the special agreements eisting or to %e concl"ded %etween these
co"ntries a"thoried for "se for the p"rpose of "se the literary or artistic ill"strated
%y the p"%lication %roadcasting recording or #ideo recordings for teaching
pro#ided s"ch "tiliation is consistent with fair practice.
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Third a%o"t +ndications of 'o"rces while "sing other literat"re art and
science wor$s the a"thor m"st specify the so"rce of the wor$ and the a"thorHs
name if any.
2+&+2+ A"t! o not inrin/in/ %on "o%-ri/,t+n comparison %etween 6Law
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the creators of the derivative works have to have the permission of the original
authors. In this case, the derivative works will be protected by the copyright law.
With the Maseco situation, when started to mix these songs, they did not
have the permission of the original version authors. The Maseco was the one who
infringement the copyrights. The only person can sue the Dong Hai Company is the
original author of the song and the Maseco had no right here.
Second , Mr.A is a well-known appropriation artist who transforms the work
of others to create new meaning in his own work. For an exhibition in the Gallery,
Mr. A appropriated 41 images from a photography book by photographer Mr. B. He
added some black circle on the face of the character of the photograph to creat new
meaning out of the photographs and it is not prejudicial to the copyright to the
photograph of Mr. A used to create such derivative works. This pictures became
famous thanks to the black circle, not the photograph themselves. However, Mr. B
argued that it was not fair use, but copyright infringement.
The judge ruled in favor of Mr. A for the majority of the works in dispute,
claiming that Mr. A’s work transformed the work in the way that it was
aesthetically different, and he showed his personal creativity in the works, thus
acceptable under the argument of fair use. It means that Mr. A created the works
with his own creation. And the derivative works of Mr. A was not prejudicial to Mr.
B’s works based on the Article 13, which defined “protected works must be created
personally by authors through their intellectual labor”.
2+)+)+ Ca!e !t- or Ter# o %rote"tion o "o%-ri/,t
'tephen Ioyce @ grandson of Iames Ioyce =1**2@1,01> has ass"med s"preme
power with one of the literary legacy of aggressi#e and deadloc$ for h"manity
from the mid@1,,/s.
&he scholars were re"ired to pay the copyright fees #ery high and often
denied flat right "ote anything from the wor$s of Iames Ioyce.
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8owe#er after the epiry of copyright? the night of year@end 2/12
e#erything changed. &he wor$s of Iames Ioyce "ic$ly appeared the new edition
the new collection and new translations.
!nyway the termination of the protection term of copyright in the wor$s of Iames Ioyce had help the deri#ati#e wor$ easily to reach the p"%lic there will
%e many people $now a%o"t his masterpiece and it is also the highest honor to one
of the writing masters of man$ind.
2+)+2+ Ca!e !t- or a"t! o not inrin/in/ %on Co%-ri/,t
Mr. 4g"yen F"ang &"an a writer s"ed Mr. Dao &hai &on for f"lly copying
fo"r of his wor$s into the %oo$ 6VJn %Kn &r"yn iN" O 4ghiPn cQ" #R thKo l"Sn7.
8e claimed that Mr. &on did not as$ for his permission and did not pay any royalty
or gi#e any %oo$. &his was an act of infringement of copyright. 8owe#er Mr. &on
re(ected and said that these were only the "otations %eca"se this %oo$ is 6research
and disc"ssion7 so the eact "otations are necessary. 8e also pointed o"t *2
mista$es for dishonest and lac$ing epertise of Mr. &"an. &his %oo$ had the only
p"rpose of gi#ing a right point of #iew to the readers and witho"t any commercial
p"rpose.
&he ("dge decided that Mr. Dao &hai &on eactly copied the wor$s of Mr.
4g"yen F"ang &"an was not the infringement of the copyright %eca"se his %oo$ is
a research not a literary so it was a%le to "otes the eact wor$s of other a"thors
witho"t as$ing for any permission. !nd Mr. &on did not "se this %oo$ for the
commercial p"rpose. 'o Mr. &on was clear in this sit"ation.
2+)++ Ca!e !t- or a"t! o inrin/in/ %on Co%-ri/,t
&his law s"it is %etween Mr. Le -h"oc Vinh who is reporter of Can &horadio@tele#ision and the 6-"%lisher of the !rt7 =4TBV4> and the cla"se relating to
6Leasing wor$s witho"t paying royalties to copyright holders7 and 6-"%lishing
wor$s witho"t permission of copyright holders of the +ntellect"al -roperty Law.
64hac tai t" O Van hoa mien song n"oc7 wrote %y Mr. Le -h"oc Vinh was
p"%lished in the wee$ly international newspaper named ;orld !ffairs ;ee$ly in
1,,. &hen the -"%lisher of the !rt reprinted the article %"t replaced 123 words
from the original article witho"t permission and paying royalties to the a"thor.
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&here was #iolation in 6Leasing wor$s witho"t paying royalties to copyright
holders7 and 6-"%lishing wor$s witho"t permission of copyright holders7. &h"s the
-"%lisher of the !rt had to pay ) million V4D for Mr. Le -h"oc Vinh.
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CONCLUSION
4owadays with the c"rrent technology the internet has de#eloped at a #ery
fast pace. &his has gi#en h"mans an immense capacity to do anything imagina%le
thro"gh the internet. -eople can easily access to the comm"nication system and getinformation from many so"rces with no diffic"lties. Each and e#ery day the #ery
fast pace of de#elopment of new technology allow people to do things that a few
years ago was "nimagina%le. &ho"gh the internet p"ts the world at o"r fingertips it
creates an enormo"s pro%lem for many people.
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REFERENCES
1. &he 4ational !ssem%ly , 2//5 , Law o! "#$%##"$&'on ntellectual
*ro+erty!2. &he 4ational !ssem%ly , 2//, , Law o! $%##.$&'% of /une ., %##.,
a0endin1 and su++le0entin1 a u0ber of Articles of the Law on
ntellectual *ro+erty!3. !n Di 2,A/)A2/15 23u chuy4n v5 n167i th8a 9 di s;n /a0es /oyce
Uhttp?AAt"oitre.#nAtinAt"oi@tre@c"oi@t"anA#an@de@s"@$ienAch"yen@
deA2/15/)20Aca"@ch"yen@#e@ng"oi@th"a@$e@di@san@(ames@
(oyceA)*23,0.html 1/A/*A/15.0. Le 4ga 11A1/A//5 ? +h@c th0 v vi +hC0 Duy5n tEc 1i;
Uhttp?AA#iet%ao.#nA!n@ninh@-hap@l"atATet@"@ph"c@tham@#"@#i@pham@
"yen@tac@giaA051)/,)0A21*A 11A/*A2/15.5. Le 4ga 21A1/A2//, Tranh ch+ b;n Duy5n bi +hHi
9arao9eUhttp?AAwww.thanhnien.com.#nA#an@hoa@nghe@th"atAtranh@chap@
%an@"yen@%ai@phoi@$arao$e@33*13/.html 12A/*A2/15.. &ran &hanh 15A/A2//) 'ai nh vIn 9i4n nhau: Jo ThEi TKn thn1
MtrNn l6Ot v5PQ, Uhttp?AA#iet%ao.#nAVan@hoaA8ai@nha@#an@$ien@nha"@Dao@
&hai@&on@thang@tran@l"ot@#eA)//**,A1*1A1/A/*A2/15.