The term of copyright protection plays a key role in protecting the interests of creators. Understanding this regulation helps customers make the most of the value of intellectual property, while avoiding violating the law. Long Phan’s article will analyze in detail the current regulations on the terms of protection, infringement and limitations of copyright, providing practical information for your creative and business activities.

Regulations on acts of copyright infringement

Pursuant to Article 28 of the Law on Intellectual Property 2005 (amended and supplemented in 2022) and guided by Clause 1, Article 66 of Decree 17/2023/ND-CP specifically regulating acts considered to be infringements of copyright. These behaviors include:

• Changing the name of a work without the permission of the author or co-author, unless the work is translated or otherwise prescribed by law;
• Impersonating the author, forging the author’s name or signature, not stating or intentionally stating incorrectly the author’s name and the source or origin of the work when exploiting and using;
• Publishing a work without the consent of the copyright owner or co-owner of copyright; appropriation of copyright;
• Misrepresentation of works; modify or mutilate the work to the detriment of the author’s honor and reputation;
• The existing work is used as a derivative work without the consent of the copyright owner or co-owner of the copyright according to the provisions of law;
• Performing, reading, displaying, exhibiting, showing, performing works in public places or places where tickets are sold, admission fees are collected without the consent of the copyright owner or co-owner of the copyright author, except for the cases in Article 25 and Article 25a of the Law on Intellectual Property 2005;
• Duplicate or create copies of works without the consent of the owner or co-owner of copyright according to the provisions of law; Copy parts of works, excerpts, and assembly without the permission of the copyright owner or co-owner of copyright, except for the case in Point a, Clause 3, Article 20, Articles 25 and 25a of the Law on Intellectual Property 2005;
• Distributing, importing for distribution to the public originals or tangible copies of works without the consent of the copyright owner or co-owner of copyright, except for the case in Point b, Clause 3 Article 20 and Article 25a of the Law on Intellectual Property 2005;
• Broadcasting or transmitting works to the public via telecommunications networks and the Internet without the consent of the copyright owner or co-owner of copyright, except for the cases in Article 25 and Article 25a of the Law on Intellectual Property 2005;
• Renting originals or copies of cinematographic works or computer programs without the consent of the copyright owner or co-owner of copyright;
• Failure to perform or incomplete implementation of legal responsibilities specified in Articles 25, 25a and 26 of the Law on Intellectual Property 2005;
• Intentionally canceling or invalidating effective technological measures taken by the author or copyright owner on the original or copy of the work to protect the copyright of their work, except in cases where in Clause 3, Article 20, Article 25 and Article 25a of the Law on Intellectual Property 2005;
• Manufacture, distribute, import, offer for sale, sell, promote, advertise, market, rent or store for commercial purposes equipment, products or components, introduce or provide services when knowing or having grounds to know that such equipment, products, components or services are produced or used to disable effective technological measures protecting copyright;
• Intentionally deleting, removing or changing rights management information without the permission of the author or copyright owner when knowing or having grounds to know that performing such act will incite, create the possibility, facilitate or conceal copyright infringement;
• Intentionally distributing, importing for distribution, broadcasting, communicating or making available to the public a copy of the work knowing or having a basis to know that the rights management information has been deleted, removed or changed without permission of the copyright owner; knowing or having grounds to know that performing such act will incite, enable, facilitate or conceal acts of copyright infringement;
• Failure to implement or incomplete implementation of regulations to be exempted from liability for the copyright of the enterprise providing intermediary services for the work.

Term of copyright protection in Vietnam

According to Article 27 of the Law on Intellectual Property 2005 (amended and supplemented in 2009). The term of copyright protection will depend on the subject matter being protected. Specifically as follows:

1. Moral rights in Clauses 1, 2 and 4, Article 19 of the Law on Intellectual Property 2005 will be protected indefinitely, including:

• Right to name the work: The author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of property rights specified in Clause 1, Article 20 of the 2005 Law on Intellectual Property 2005 (amended, supplemented in 2022).
• The right to put your real name or pseudonym on the work; be given your real name or pseudonym when the work is published or used.
• The right to protect the integrity of the work and prevent others from distorting it; Do not allow others to modify or mutilate the work in any form that harms the author’s honor and reputation.

2. Personal rights specified in Clause 3, Article 19 and property rights specified in Article 20 of the Law on Intellectual Property 2005 have the following protection term:

• Cinematographic works, photography, applied arts, and anonymous works have a term of protection of 75 years, from the time the work is first published; For works of cinematography, photography, or applied arts that have not been published within twenty-five years from the date the work was fixed, the term of protection is 100 years from the date the work was fixed. image; For anonymous works, when information about the author appears, the protection period is calculated according to the provisions of Point b, Clause 2, Article 27 of the Law on Intellectual Property 2005;
• Works of other types have a term of protection that is the entire life of the author and 50 years following the year of the author’s death; In case a work has a co-author, the term of protection ends in the 50th year after the year the last co-author dies.

These regulations ensure long-term rights for authors and heirs, and create conditions for society to access and use works after a certain period of time. Understanding the regulations on the term of protection helps authors and copyright owners to plan for the effective exploitation of their works during the period of protection.

Cases where copyright protection is limited in 2024

Pursuant to Article 26 of the Law on Intellectual Property 2005 (amended and supplemented in 2009 and 2022), cases of copyright limitation in 2024 are specifically regulated as follows:

1. Broadcasting organizations use published works, works that have been permitted by the copyright owner to be fixed on audio or video recordings for commercial purposes for sponsored broadcasting, advertising or Collecting money in any form that does not require permission but must pay royalties to the copyright owner from the time of use. Royalty level and payment method are agreed upon by the parties; In case an agreement cannot be reached, the Government’s regulations will be followed.
2. In case the work has been permitted by the copyright owner to be fixed on an audio or video recording for commercial purposes, organizations and individuals may use this audio or video recording in business activities, commerce does not have to ask for permission but must pay royalties to the copyright owner of that work according to the agreement from the time of use; In case an agreement cannot be reached, the Government’s regulations will be followed.

Consulting and supporting issues related to in-depth copyright protection according to current regulations at Long Phan

Using copyright protection consulting and support services brings many practical benefits and helps you save time and ensure accuracy during the implementation process. Long Phan commits to accompanying you throughout the process, from initial consultation to completing registration procedures and post-registration support. Long Phan provides the following copyright protection consulting and support services:

• Consulting and guidance on copyright registration procedures.
• Develop a comprehensive copyright protection strategy.
• Support in resolving disputes and handling copyright violations.
• Update and advise on the application of new regulations on copyright.
• Representative to carry out copyright registration procedures at the competent authority.

Copyright protection brings long-term benefits to creators and businesses. Customers can optimize the value of intellectual property by mastering the relevant legal regulations. For in-depth advice on copyright protection, please contact Long Phan via hotline 0906735386. Long Phan is committed to supporting you in building an effective protection strategy, and contributing to promoting sustainable development for your creative and business activities.