Civil code of Socialist Republic Of VN PDF  | Print |  E-mail
Viet Nam copyright law

CIVIL CODE

Chapter XXXIV

COPYRIGHT AND COPYRIGHT - RELATED RIGHTS

Section 1

Copyright

Article 736 Author

1. The person who cerates a literary, artistic or scientific work (to be referred to as work) shall be regarded as the author of that work.

Where two or more persons jointly create a work, they shall be regarded as co-authors.

2. A person who creates a derivative work (i.e. translates the work into another language, adapts, edits, annotates or selects the work) from a work of another person shall be the author of that derivate work.

Article 737 Subject matters of copyright

Subject matters of copyright include any type of works created in the literary, artistic or scientific sector which is expressed in any form and by any means regardless of their contents and value and independent of all procedures.

Article 738 Contents of copyright

1. Copyright includes personal rights and property rights with regard to a work.

2. Personal rights comprise the following:

a. To name his/her work;

b. To put his/her real name or pseudonym in the work; to have his/her real name or pseudonym mentioned when his/her work is published, or used;

c. To publish or allow other people to publish the work.

d. To protect the integrity of his/her work, to object to any distortion, mutilation, or other modification by any person with regard to his/her work.

3. Property rights shall include:

a. Right to duplicate a work.

b. Right to allow other people to make derivative works.

c. Right to distribute or import original works or their duplicates.

d. Right to make the work available to the public.

g. Right to lease the originals or duplicates copies of computer programs.

Article 739 The point of time when the copyright arises and its validity

1. Copyright arises from the date a work is created and expressed in a definite physical form.

2. Personal rights in the copyright context shall exist permanently.

3. Property rights in the copyright context shall exist for a term provided for by the IP legislation.

Article 740 Copyright holders

1. Personal rights belong to the author of a work.

2. Where a work is not created under an assignment contract or within the scope of an assigned duty, the property rights shall belong to the author of the work.

3. Where a work is created on the basis of performance of an assignment contract or an assigned duty, the property rights shall belong to the agency or organization which assigns that duty or which is the assignor under the assignment contract, except where it is otherwise in the labor contract or the assignment contract.

Article 741 Division of rights among co-authors

Where the work is created by the co-authors and each proportion of the work created by each of those co-authors can be used independently, then Article 740 of this Code shall apply to such proportion of the work which can be independently used, if not otherwise agreed by the co-authors.

Article 742 Transfer of copyright

1. The personal rights referred to in Articles 738.2(a), (b) and (d) of this Code are non-transferable.

The personal right referred to in Articles 738.2(c) of this Code may be transferable subject to the conditions set up by IP legislation.

2. The property rights may be transferable either partially or wholly under a contract or by way of inheritance or bequest.

Article 743 Contracts for transfer of property rights in the copyright context

The transfer of part or the whole of the property rights in the copyright context must be carried out on the basis of a contract. The contract for transfer of property rights must be made in writing.

Section 2

Copyright-related rights

Article 744 Subject matters of related rights

Subject matters of copyright-related rights (related rights) include performances of artists; sound recordings/video recordings; and broadcasts of broadcasting organizations, and encrypted program-carrying satellite signals

Article 745 Holders and contents of the rights to performances

1. Rights to a performance include personal rights of performers and property rights of the person who makes investment in carrying out such performance.

2. Personal rights of performers comprise the right to be named (subject to an introduction) when they perform or when the recordings of their performances are published; and the right to protect the integrity of his/her performance image.

3. Property rights to a performance comprise the right to do and prohibit other persons from doing the following:

a. To record sound or images of the performance.

b. To duplicate and distribute the original or duplicates of the above sound/video recordings.

c. To broadcast or otherwise transmit to the public the performance.

Article 746 Holders and contents of the rights to sound/video recordings

1. Rights to a sound/video recording belong to the person who makes investments in the creation of such sound/video recording.

2. Rights to a sound/video recording comprise the right to do or prohibit other people from doing the following:

a. Duplicate part or the whole of the sound/video recording.

b. Distribute (including import) the original or duplicates of the sound/video recording.

c. Lease the original or duplicates of the sound/video recording for commercial purpose.

Article 747 Holders and contents of the rights to broadcasts

1. Rights to a broadcast (including both radio and video broadcasts) belong to the broadcasting organization.

2. Rights to a broadcast comprise the right to do or prohibit other people from doing the following:

a. Record, duplicate the recording, and re-broadcast part or the whole of the broadcast.

b. Distribute the recordings or duplicates of the broadcast.

Article 748 Holders and contents of the rights to encrypted program-carrying satellite signals

1. Rights to an encrypted program-carrying satellite signal belong to the person who first sends such encrypted program-carrying satellite signal.

2. Rights to an encrypted program-carrying satellite signal comprise the right to do or prohibit other people from doing the following:

a. Produce, assemble, alter, import or distribute (sale or lease) any equipment or system which is used for illegal decoding of the encrypted program-carrying satellite signal

b. Receive or continuously distribute the encrypted program-carrying satellite signal which has been decoded without permission of the holder of the right to such signal.

Article 749 Transfers of related rights

1. The property rights in the related right context referred to in Articles 745, 746, 747 and 748 of this Code may be transferable.

2. The transfer of related right must be carried out on the basis of a written contract.

 
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