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The current situation of copyright infringement in Vietnam is a concerning issue, occurring commonly across various fields, from literature, music, cinema, to media and science.
The current situation of copyright infringement in Vietnam
In recent years, the issue of intellectual property, particularly copyright and related rights, has garnered increased attention from organizations and individuals in Vietnam. Awareness of the importance of copyright has been raised, and the payment of royalties and remuneration to copyright and related rights holders is gradually being implemented more seriously. However, copyright violations remain widespread, from literature and the arts to science, especially in the rapidly developing digital technology environment.
Copyright infringement in the music and film industries is a very common issue. Websites and applications that share pirated music and movies continue to operate robustly, allowing users to access and download works without paying fees. This significantly reduces the revenue of producers and artists, causing harm to the entertainment industry.
Literary works and publications are frequently copied and distributed without the permission of the authors or publishers. Pirated books and unauthorized reproductions of copyrighted materials still appear widely on the market, particularly during examination periods or major cultural events.
With the boom of social media and online platforms, the unauthorized copying and sharing of images, videos, and content from websites, blogs, or authors without permission or proper citation have become prevalent. This not only diminishes the value of original content but also damages the reputation and dignity of the authors.
Regulatory agencies, such as the Department of Culture, Sports, and Tourism in various localities, have made efforts to enforce the law, organizing inspections of cultural service businesses. During this process, numerous violations have been uncovered, including the production and sale of pirated CDs and DVDs, the unauthorized use of illustrative images in advertisements, and copyright infringements at festivals and artistic performances. These violations have led to administrative penalties and fines being paid into the state budget.
However, addressing copyright violations remains challenging due to the growth of the internet and digital platforms, which allow for rapid and widespread infringement. Law enforcement agencies face significant challenges in preventing and addressing violations, as the habit of unauthorized use of works without paying copyright fees is still common.
The causes of copyright infringement in Vietnam
The causes of copyright infringement in Vietnam can be analyzed from various perspectives, including awareness, legal infrastructure, and technology. Below are some of the main reasons:
Incomplete Awareness of Copyright
Although awareness of intellectual property rights, particularly copyright, has improved in recent years, many individuals and organizations still do not fully understand the importance of protecting these rights. The mentality of “using for free,” or utilizing intellectual products without paying for them, remains widespread in society. This leads to unauthorized copying and distribution of works without significant opposition from the community.
The dissemination and legal education regarding intellectual property rights have not been widespread or continuous enough, resulting in a lack of understanding among the public about the legal consequences of copyright infringement.
Limited Legal Infrastructure and Enforcement
The intellectual property legal system in Vietnam has been established and developed, but enforcement remains challenging. Inspections, monitoring, and penalties for violations are not strong enough to deter infringing behaviors. Furthermore, coordination among relevant authorities in protecting copyright is limited, leading to ineffective enforcement of copyright laws.
The process of protecting copyright in Vietnam is complex, time-consuming, and costly, causing many to hesitate in pursuing legal protection.
Rapid Development of Digital Technology
The explosion of the internet and digital platforms has increased copyright infringement. Social media platforms, content-sharing websites, and digital technology allow the rapid and easy copying and distribution of works, making it more difficult to monitor and address violations.
With the growth of digital platforms and e-commerce, copyright infringement has expanded into new areas, such as online piracy and counterfeit goods, and unauthorized use of images and videos in digital advertising.
Lack of Awareness and Action from Authors
Many authors and copyright holders have not registered their works, making it difficult for them to claim their rights when violations are detected. This lack of initiative diminishes their ability to protect their legal interests.
Profit from Infringement
Some organizations and individuals deliberately infringe on copyright because of the high profits from unauthorized copying and distribution of works. This is especially common in fields such as music, films, and books, where the demand and market value of intellectual products are substantial.
These causes combine to create an environment in which copyright infringement is prevalent and difficult to control, requiring efforts from various parties to improve the situation.
Solutions to address copyright infringement in Vietnam
Solutions to address copyright infringement in Vietnam require a comprehensive approach, ranging from raising awareness and improving the legal framework to enhancing enforcement and coordination among relevant authorities.
Raising Awareness and Legal Education on Copyright
Efforts to promote and disseminate copyright laws through mass media, schools, and training programs should be strengthened. Public awareness campaigns need to be developed to highlight the importance of intellectual property rights and the consequences of copyright infringement.
Organizations and businesses should be encouraged to train their staff on intellectual property rights, especially in industries related to creativity, such as media, entertainment, and technology.
Improving and Strictly Enforcing the Legal Framework
It is necessary to review, amend, and improve legal regulations on intellectual property rights, particularly copyright, to align with practical realities and the development of digital technology. Specific provisions should be added to address copyright violations in the digital environment.
Authorities must intensify inspections, monitoring, and strict handling of copyright violations. The enforcement of laws should be carried out in a coordinated and decisive manner to create strong deterrents against infringing activities.
Developing a Digital Copyright Protection System
Modern technologies such as blockchain and artificial intelligence (AI) should be employed to monitor and protect copyright in the digital environment. Online platforms and social media must implement technical measures to detect and prevent copyright violations.
Digital service providers should be held accountable for protecting copyright and preventing the spread of infringing content. Mandatory regulations should be in place requiring online platforms to have mechanisms for promptly reporting and addressing copyright infringement complaints.
These solutions must be implemented consistently and persistently to address copyright violations, creating a healthy legal and business environment, fostering creativity, and protecting the legitimate rights of authors and copyright holders.
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DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
