THINGS TO KNOW ABOUT COPYRIGHT

I. Definition of Copyright

According to Clause 2, Article 4 of the 2005 Intellectual Property Law, copyright is the right of organizations and individuals over works they create or own.

II. Copyright Provisions

Copyright in Vietnam includes two main types: moral rights and economic rights.

Moral rights, as provided in Article 19 of the 2005 Intellectual Property Law, include the following rights:

  • Naming the work;
  • Using the author’s real name or pseudonym on the work; being credited with the real name or pseudonym when the work is published or used;
  • Publishing the work or permitting others to publish the work;
  • Protecting the integrity of the work, preventing others from altering, cutting, or distorting the work in any form that harms the author’s honor and reputation.

Economic rights, provided in Clause 1, Article 19 of the 2005 Intellectual Property Law, include the following rights:

  • Creating derivative works;
  • Performing the work publicly;
  • Reproducing the work;
  • Distributing, importing the original or copies of the work;
  • Communicating the work to the public by wire, wireless, electronic networks, or any other technical means;
  • Renting out the original or copies of cinematographic works and computer programs.

THINGS TO KNOW ABOUT COPYRIGHT

III. Copyright Protection Term

The copyright protection term under the 2005 Intellectual Property Law is as follows: copyright is protected for the author’s lifetime plus 50 years after the author’s death. For anonymous works or works owned by organizations, the protection term is 50 years from the year the work was published. The protection period can be extended if the work is published after the author’s death.

Moral rights (except the right to publish the work or permit others to publish the work) are protected indefinitely.

The right to publish the work or allow others to publish it, and economic rights, have protection terms as follows:

  • For cinematographic, photographic, applied art works, and anonymous works, the protection term is 75 years from the first publication.
  • For cinematographic, photographic, and applied art works not published within 25 years from creation, the protection term is 100 years.
  • For works not belonging to the above categories, protection lasts for the author’s lifetime and 50 years following the year of the author’s death.

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IV. Copyright Registration

Although copyright takes effect upon the creation of a work without the need for registration, registering copyright with the Copyright Office can help authors prove ownership in legal disputes. Copyright registration also helps protect the author’s rights in cases of infringement or unauthorized use.

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V. Handling Copyright Infringements

Copyright infringement includes acts of copying, distributing, performing, or communicating the work without permission from the author or copyright holder. When copyright is infringed, the author may request legal remedies, including stopping the infringing acts, claiming damages, and requesting court proceedings to protect legitimate rights.

VI. About Us, Hankuk Law Firm

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■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

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For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

Contact Hankuk Law Firm:

Website: http://hankuklawfirm.com/en/ 

Facebook: https://www.facebook.com/hankuk.lawfirm 

Tiktok: https://www.tiktok.com/@hankuklawfirm

Youtube: https://www.youtube.com/@hankuklawfirm6375

Email:  info@hankuklawfirm.com  

Telephone: (English) 0942.339.063

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