Consulting and guidance on copyright protection in the online environment

Article overview

Copyright protection in the online environment is an increasingly complex legal issue in the digital era. The development of the Internet creates many new challenges for protecting works from cyberspace infringement, so customers need to proactively apply technical and legal measures to protect their works. The following article will analyze in detail issues related to copyright protection in the online environment.

Instructions for copyright protection in the online environment
Instructions for copyright protection in the online environment

Types of works protected by copyright

The Law on Intellectual Property 2005, amended and supplemented in 2022, regulates the types of works protected by copyright. This is an important legal basis for determining the scope of copyright protection in the online environment.

According to Article 14 of the Law on Intellectual Property 2005, amended and supplemented in 2022, types of protected works include:

  • Literary and scientific works, textbooks and curriculum
  • Lectures, speeches and other talks
  • Journalistic works
  • Musical works
  • Theater works
  • Cinematic works and works created by similar methods
  • Works of fine arts and applied arts
  • Photographic works
  • Architectural work
  • Maps, diagrams, maps, drawings related to topography, architecture, and scientific works
  • Literary and folk art works
  • Computer programs, data collection

The above works are only protected when directly created by the author using his or her intellectual labor. Determining the type of work is the first step to protecting copyright in the online environment.

Measures to resolve copyright-protected works being infringed upon

When copyright is infringed on the Internet, the owner can apply civil, administrative or criminal measures depending on the severity of the violation. Decree 17/2023/ND-CP details a number of articles of the Law on Intellectual Property on copyright protection in the online environment.

Civil remedies

Copyright owners can sue in court to request the following civil remedies:

  • Forced termination of infringing acts;
  • Forced public apology and correction;
  • Forced to perform civil obligations;
  • Forced compensation for damages;
  • Forced destruction or forced distribution or use for non-commercial purposes of goods, raw materials, materials and means used mainly to produce and trade goods that infringe intellectual property rights intellectual property rights with conditions that do not affect the ability of intellectual property rights holders to exploit their rights.

CSPL: Article 202 Law on Intellectual Property 2005, amended and supplemented in 2022

Administrative measures

Pursuant to the Law on Intellectual Property 2005, amended and supplemented in 2022, administrative measures when copyright-protected works are infringed include:

Penalties for administrative violations:

  • Individuals or organizations that violate copyright rights may be punished with fines.
  • The fine level depends on the nature and severity of the violation as prescribed in Decree No. 131/2013/ND-CP, amended and supplemented by Decree No. 28/2017/ND-CP and Decree No. 119/2020/ ND-CP revised.

Remedial measures:

  • Forced removal of infringing elements from goods and means of business.
  • Forced destruction of infringing goods, including illegally copied works or media containing copyright-infringing works.
  • Force removal of copies of infringing works on electronic media, the internet, or digital environments.

Other measures:

  • Temporarily seize or confiscate infringing products and goods, and means used to commit infringing acts (such as copying equipment, and producing copies of works).
  • Competent agencies such as the Cultural and Information Inspectorate or Market Management can request infringing organizations and individuals to immediately stop acts of copyright infringement.
  • If the violation is serious, the authorities may decide to confiscate or destroy the means and tools used in copyright infringement.

Criminal measures

People who illegally violate copyright and related rights may be prosecuted for criminal liability according to Article 225 of the Criminal Code 2015 when the violation is of a commercial nature or causes great damage. Penalties include:

Main penalty:

  • Fine;
  • Sentenced to non-custodial reform for up to 03 years;
  • Imprisonment;

Additional penalties: In addition to the main penalties, violators may also be subject to additional penalties:

  • Fine from 20 million VND to 200 million VND.
  • Prohibited from practicing certain professions or doing certain jobs for 01 to 05 years.

Handling of commercial legal entities: If a commercial legal entity commits an act of infringing upon copyright or related rights, that legal entity may be prosecuted for criminal liability with penalties such as:

  • Fine: From 300 million VND to 1 billion VND.
  • Suspension of operations for a limited time or permanently in case of serious violations.
  • Prohibited from doing business or operating in certain fields from 01 year to 03 years.

Elements constituting the crime:

  • The violation must be of a commercial nature, with the purpose of illegally gaining profit, or causing great material damage to the author or copyright owner.
  • Infringing on the moral or property rights of the owner of copyright or related rights.

Thus, criminal measures are applied to deter and punish acts of serious infringement of copyright and related rights, especially acts that involve commercial exploitation or cause great damage.

Criminal remedies
Criminal remedies

Benefits of consulting on copyright protection in the online environment

Legal advice on copyright protection in the online environment brings many practical benefits to owners. Here are the main benefits:

  • Determining the scope of protection: Professional lawyers help determine the exact scope of copyright protection for works in cyberspace. This ensures that the work is fully protected according to the provisions of the Law on Intellectual Property.
  • Support for copyright registration: Consultants guide the copyright registration process with competent authorities, helping owners complete the procedure quickly and accurately.
  • Apply effective protection measures: The consulting team proposes appropriate technical and legal measures to protect works in the online environment and prevent infringements.
  • Understand rights and obligations: Consulting helps owners clearly understand their rights and obligations under intellectual property laws, thereby being able to protect their rights more effectively.
  • Timely handling of violations: When detecting copyright infringement on the Internet, consulting lawyers will assist in handling it quickly and according to legal procedures.
  • Support for negotiation and dispute resolution: Consultants represent owners in the process of negotiating, negotiating or resolving disputes related to copyright.
  • Save time and costs: With professional knowledge, consulting services help owners save time, effort and costs in the process of protecting copyright in complex network environments.
  • Update new trends and regulations: Lawyers regularly update new trends and regulations on copyright protection in cyberspace, ensuring the most effective protection measures are applied.

Legal advice on copyright protection in the online environment is a comprehensive solution, helping owners feel secure in creating and exploiting their works on the Internet safely and effectively.

The benefits of using consultants
The benefits of using consultants

Consulting services on copyright protection in the online environment at Long Phan

With a team of experts with many years of experience in the field of consulting on copyright protection, Long Phan provides customers with comprehensive consulting services on copyright protection in the online environment, including:

  • Consulting on the rights and obligations of copyright owners.
  • Determine the scope of protection under the Law on Intellectual Property.
  • Support detecting, handling violations and resolving copyright disputes online.
  • Register copyright for online works such as music, videos, and software.
  • Consulting on administrative, civil and criminal measures in handling violations.
  • Support requests to remove infringing content on online platforms.
  • Drafting and negotiating copyright transfer and licensing contracts.
  • Legal advice on intellectual property rights protection in e-commerce and social networks.
  • Support businesses in developing copyright protection policies when operating online.
  • Negotiate and negotiate with copyright infringement cases.

Protecting copyright in the online environment requires a deep understanding of law and technology. For detailed advice on this issue, please contact Long Phan via Hotline: 0906735386. A team of consulting experts will assist customers in building an effective copyright protection plan, in accordance with legal regulations and the characteristics of each work in the online environment.