Besides copyright, copyright-related rights is also a matter of concern, but many people still confuse the term “copyright” and “copyright-related rights”. Recognizing this status, Dreamlaw LLC will provide readers with the most basic information about copyright-related rights to help you understand somewhat about what copyright-related rights are. Thereby, readers can distinguish and avoiding confusion to copyright.
- Definition
Copyright-related rights (hereinafter referred to as related rights) are the rights of organizations and individuals toperformances, audio and visual fixation, broadcasts and satellite signals carrying coded programmes.
- Subject matter of protection of related rights (provided that they do not prejudice copyright)
Pursuant to Article 17 of the 2005 Intellectual Property Law, amended and supplemented in 2009, stipulates the subject matter of copyright-related rights, including performances, audio and visual fixation, broadcasts and satellite signals carrying coded programmes.
- Performances which are: made by Vietnamese citizens in Vietnam or abroad; made by foreigners in Vietnam,fixed on audio and visual fixation and protected pursuant to the provisions of article 30 of this Law; not yet fixed on audio and visual fixation but have already been broadcasted and are protected pursuant to the provisions of article 31 of this Law and protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.
- Audio and visual fixation include the ones which: belongs to audio and visual fixation producers bearing Vietnamese nationality; belongs to audio and visual fixation producers protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.
- Broadcasts and satellite signals carrying coded programs include the ones which: belong to broadcasting organizations bearing Vietnamese nationality; belong to broadcasting organizations protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.
- Term of protection of copyright-related rights
Pursuant to Article 34 of the 2005 Intellectual Property Law, amended and supplemented in 2009, the term of protection of copyright-related rights is stipulated as followed:
- The rights of performers shall be protected for fifty (50) years calculated from the year following the year of formulation [into a fixed form] of a performance.
- The rights of producers of audio and visual fixation shall be protected for fifty (50) years calculated from the year following the year of publication, or fifty (50) years calculated from the year following the year of formulation of any unpublished audio and visual fixation.
- The rights of broadcasting organizations shall be protected for fifty (50) years calculated from the year following the year of the making of a broadcast.
Here is some information about Copyright-related Rights. To have more consultancy on Copyright-related Rightsor other related intellectual property legal issues, please contact: 024 6653 9546
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