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Copyright is the right of organizations and individuals over works they create or own. This article aims to present and analyze the types of copyrighted works protected in Vietnam in 2024.
Types of copyrighted works protected in Vietnam
According to the provisions of Article 14 of the Intellectual Property Law of 2005 (amended and supplemented in 2009, 2019, 2022), copyrighted works in Vietnam include two types: literary, artistic, scientific works, and derivative works. Among them, literary, artistic, and scientific works protected in Vietnam include twelve types, which will be detailed in the sections below.
Protection of written works in Vietnam
Literary, scientific, textbook, instructional, and other works expressed in written or other characters are protected by copyright in Vietnam, including:
– Literary, scientific, and other works expressed in writing include novels, novellas, short stories; essays, chronicles, miscellaneous writings, memoirs; poetry, epic poetry; scripts; cultural, literary, artistic, scientific research works, and other articles.
– Textbooks are works published, specifying the requirements of the general education program; approved by the Minister of Education and Training for official use as teaching materials in general education institutions.
– Instructional materials are teaching, learning, and research documents that are consistent with the training program, approved, selected, or approved by the competent state management agency according to legal regulations.
– Works expressed in other characters are works expressed in raised characters for the visually impaired, braille, and similar symbols instead of written text that individuals and organizations with access can understand and copy in various forms.
Protection of spoken works in Vietnam
Lectures, speeches, and other spoken works are protected by copyright in Vietnam, expressed in spoken language and must be recorded in a certain material form.
In cases where the author personally shapes lectures, speeches, or other spoken works in the form of audio or video recordings, the author has copyright for the spoken works and is the owner of the copyright for the audio or video recordings (protected under Related Rights as stipulated by law).
Protection of press works in Vietnam
Press works protected by copyright in Vietnam are independent and complete works, including genres such as reports, news, live reporting, interviews, reflections, investigations, comments, editorials, opinions, journalistic essays, and other press genres published or broadcast in print, audio, visual, electronic media, or other means.
Protection of musical works in Vietnam
Musical works protected by copyright in Vietnam are works expressed in musical notation in a musical score or other musical symbols, regardless of whether they are performed or not.
Protection of stage works in Vietnam
Stage works protected by copyright in Vietnam belong to the category of performing arts, including traditional opera, tuồng, reformed theater, dance, puppetry, contemporary dance, ballet, drama, opera, folk opera, physical theater, musicals, circus, comedy, variety shows, and other forms of performing arts.
Protection of film works in Vietnam
Film works protected by copyright in Vietnam are works with content expressed in continuous moving images or images created by technical devices, technologies; with or without sound and other effects according to the principles of film language. Still images taken from a film are part of that film.
Film works do not include recordings made for the purpose of disseminating news on broadcasting, television, online spaces; artistic performances, electronic games; recordings of the activities of one or more people, describing events, situations, or reality shows.
Screenwriters, directors, cinematographers, film editors, music composers, art directors, sound designers, visual effects artists, actors, and those involved in other creative activities for film works have the right to be credited when the film work is published or used. In cases where the use of the film work requires not mentioning all the actors and those involved in other creative activities, it may be exempted.
In cases where organizations or individuals have invested financially and in terms of facilities and technology to produce a film work, they must agree on the naming or modification of the film work, and screenwriters and directors cannot misuse their personal rights to prevent the naming or modification of the film work in accordance with the conditions of creation, exploitation, and use of the film work.
Authors, copyright owners of scripts, musical works used in film works can only prohibit the distortion of the script, musical work, or modification, cutting of the script, musical work that harms their honor and reputation.
Copyright owners of film works have the exclusive right to perform or authorize others to lease the original or copy of the film work for a limited time.
Protection of fine arts works in Vietnam
Fine arts works protected by copyright in Vietnam include fine arts and applied fine arts works.
Fine arts works protected by copyright in Vietnam are works expressed by lines, colors, shapes, composition, including:
– Painting: Lacquer paintings, oil paintings, silk paintings, pastels, watercolors, paper money, and other materials;
– Graphics: Woodcuts, metal engravings, rubber stamps, plaster engravings, limited editions, stone prints, mesh prints, propaganda paintings, graphic designs, and other materials;
– Sculpture: Statues, monuments, reliefs, statues, symbolic blocks;
– Installation art and other forms of contemporary art.
Fine arts, sculpture, installation art, and other forms of contemporary art exist in the form of original copies.
Graphic works can be reproduced up to the 50th version, sequentially numbered with the author’s signature.
Applied fine arts works protected by copyright in Vietnam are works expressed by lines, colors, shapes, composition with useful features, can be attached to a useful object, produced manually or industrially, including: Graphic design (forms of expression of symbols, identity, and product packaging; forms of expression of characters); fashion design; artistic design associated with the shaping of products; interior design, interior decoration, exterior decoration with artistic characteristics.
Applied fine arts works are expressed in the form of shaping products with artistic characteristics, not easily created by an average person in the relevant field, and do not include the compulsory exterior design of the product needed to fulfill its function.
Protection of photographic works in Vietnam
Photographic works protected by copyright in Vietnam are works that depict the objective world on light-sensitive materials or through means by which images are created, or can be created, by chemical, electronic, or other technical methods. Photographic works may or may not have captions.
Protection of Architectural Works in Vietnam
Architectural works are protected by copyright in Vietnam and include:
a) Architectural design drawings for a construction project or a complex of projects, interior design, and landscapes.
b) Architectural structures.
The author and the organization or individual that financially invests in and provides technical infrastructure for the creation of architectural works may agree on modifications to the architectural work.
Protection of Diagrams, Maps, and Drawings in Vietnam
Illustrations, diagrams, maps, and drawings are protected by copyright in Vietnam and include depictions related to terrain, scientific structures, and architecture.
Protection of Folk Artworks in Vietnam
Folk literary and artistic works are protected by copyright in Vietnam and include:
– Folk literary and artistic works in verbal forms.
– Folk literary and artistic works in performance forms, such as traditional plays, classical opera, reformed theater, puppetry, rhythmic singing, folk songs, music, dance, traditional games, folk festivals, village festivals, and other forms of traditional folk rituals.
Folk literary and artistic works in Vietnam are not dependent on the form they take.
The use of folk literary and artistic works involves collecting, researching, performing, and introducing the true value of these works.
Citation of the origin of folk literary and artistic works involves identifying the source and location of the community where the folk literary and artistic works originated.
Protection of Software and Computer Programs in Vietnam
Computer software and computer programs are protected by copyright in Vietnam. Organizations and individuals have the legal right to use authorized copies of software and corrected copies for necessary use.
The copyright owner of software and computer programs has exclusive rights to lease the original or copied software for a limited period. The right to lease does not apply if the computer program is not primarily intended for lease, such as software associated with the normal operation of various types of transportation or technical machinery and equipment.
Protection of Derivative Works in Vietnam
Derivative works are protected by copyright in Vietnam and include:
– Translated works, expressed in a language different from the original.
– Adapted works, imitating the content of the adapted work, which may change from one genre to another or be modified within the same genre, including modifying the layout of the work to adapt it to different conditions of exploitation and use.
– Compiled works, composed of parts or the entirety of existing works on a specific theme, possibly with commentary or evaluation.
– Annotated works, created to clarify the meaning and content of certain words, sentences, events, landmarks, specified in the annotated work.
– Selected works, carefully chosen from existing works by one or more authors over time or on a specific theme, including anthologies or selected works.
– Adapted works, reworked, rewritten, or altered in expression, other than the original work’s expression, for specific purposes or requirements in specific cases.
– Transformed works, transferred from one form to another or expressed using different artistic techniques from the original work within the same artistic form.
Objects not Protected by Copyright in Vietnam
Objects not protected by copyright in Vietnam include:
– Purely informational news, including daily news, trivia, factual data, serving only the purpose of reporting, lacking creativity.
– Administrative texts, including documents from state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, and armed forces units.
– Processes, systems, operational methods, concepts, principles, and data are understood as follows:
- Process refers to the sequence that must be followed to carry out a task.
- System is a collection of many elements, units of the same type or function, closely related or connected to each other, forming a unified entity.
- Method is the way of researching, perceiving natural phenomena, and social life.
- Concept is a generalized idea reflecting the objects and phenomena of reality and their relationships.
- Principle is a fundamental law with a general nature, governing a series of phenomena, important initial ideas considered as the starting point for building other theories.
Intellectual Property Registration Services in Vietnam
We are a professional organization operating in the field of intellectual property in Vietnam. With a team of certified lawyers specialized in intellectual property, we proudly provide consulting and copyright protection registration services in Vietnam for organizations and individuals, both domestic and foreign, at reasonable costs. Contact us now for quick and professional guidance and support in the copyright protection registration process in Vietnam.
Contact Us Now:
DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
