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Accessed Number

14969660

 Collective Management Organizations

 

The creators of the works shall have the right to permit or prohibit the use of their works. This means that the management and exploitation of copyrights are decided by the copyright holders. This is considered an international standard as well as a legal regulation in the Civil Code of the Socialist Republic of Vietnam (section "Copyright"), related laws and instructive documents. But the self-management and self-exploitation of the rights by the holders in some fields have proved ineffective. An author is unable to fully monitor the exploitation of his works. On the contrary, the organizations using some works cannot negotiate and ask for permission from all authors to use their works with copyright. Especially, in the context of rapid scientific and technological development, many new methods to popularize a work have been introduced, such as digital environment, Internet, satellites. For centuries, many countries have founded a number of associations to collectively manage copyright as stipulated by laws. Through the contracts on transferring rights, the holders (authors, owners) shall assign their individual rights to the collective management organization to represent them in managing and exploiting different rights. These organizations shall license the use of works, collect copyright fees to distribute to the holders. Besides, the organizations have also contributed to promote the creation of works. Through their duties, these organizations can help individuals and legal entities to exploit and use the works of different authors or owners in a convenient manner. All copyright holders including writers, musicians, painters, photographers, film directors, performers, etc., have the right to voluntarily participate in the collective management organizations. Each member must declare his/her private details and works. This information and data shall be kept in a "Bank" of works run by the organizations as materials for licensing the use and payment of copyright fees to different members. This "Bank" is also a documentation store to compare to the Bank of works run by similar international organizations in the mutual protection among different countries.

In Vietnam, there are three collective management organizations in charge of copyright: