Is there a penalty for using published works without permission?

Using published works without permission is one of the topics that many individuals and businesses are interested in in the field of intellectual property in Vietnam. Understanding the regulations on using works, penalties, and exceptions helps customers avoid unnecessary legal risks. The following article by Long Phan will analyze in detail the legal aspects related to the use of published works.

Actions considered to be using another person’s work without permission

According to Article 28 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), acts considered to be using another person’s work without permission and are considered copyright infringement are as follows:

• Publish or distribute works without the author’s permission.
• Copying works without permission of the author or copyright owner.
• Making derivative works without the permission of the author or copyright owner of the work used to make derivative works.
• Using the work without the permission of the copyright owner, not paying royalties, remuneration, or other material benefits as prescribed by law.
• Failure to perform or incomplete implementation of obligations specified in Articles 25, 25a and 26 of this Law.
• Intentionally canceling or invalidating effective technological measures taken by the author or copyright owner to protect the copyright of their work.
• 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, create favorable conditions or conceal acts of copyright infringement according to the provisions of law.
• 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 a basis to know that the performance of such act will incite, enable, facilitate or conceal acts of copyright infringement according to the provisions of law.

Penalties for using published works without permission

The act of using published works without permission from the author or copyright owner will be punished according to the provisions of Decree 131/2013/ND-CP. Specifically:

1. Acts of infringement of the right to create derivative works:

• Fine from 5,000,000 VND to 10,000,000 VND for acts of creating derivative works without the permission of the copyright owner.
• Remedial measures: Forced removal of copies of infringing works in electronic form, on the network environment.
• CSPL: Article 12 of Decree 131/2013/ND-CP.

2. Acts of infringing the right to copy works:

• Fine from 15,000,000 VND to 35,000,000 VND for copying works without the permission of the copyright owner.
• Remedial measures: Forced removal of copies of infringing works in electronic form, on the network environment.
• CSPL: Article 18 of Decree 131/2013/ND-CP.

3. Acts of infringing on the right to communicate works to the public:

• A fine of between 15,000,000 VND and 30,000,000 VND shall be imposed for the act of communicating a work to the public by wire, wireless, electronic information network or any technical means without permission from the copyright owner as prescribed.
• Remedial measures: Forced removal of infringing copies of works for acts of infringing on the right to communicate works to the public.
• CSPL: Article 17 of Decree 131/2013/ND-CP.

In some cases, it is allowed to use published works without permission

Cases of using published works without permission are specified in Article 25, Article 25a, Article 26 of the Law on Intellectual Property 2005 (amended and supplemented 2022) as follows:

1. Use works without permission, without paying copyright, but must clearly state the author’s name and origin of the work (Article 25)

The following actions can be performed without permission, without paying copyright, but must ensure recognition of the author’s name and origin of the work:

• Fair citation of works: It is permitted to cite portions of works for use in articles, commentary, research, teaching, or illustration. However, the intended use must not be for commercial purposes.
• Using works in educational activities: Educational organizations and schools can use works for teaching and learning purposes without asking permission from the author, as long as this activity is not commercial.
• Performing works in cultural, traditional activities or within the family: For example, organizing cultural and musical activities in the family or community without charging a fee.
• Copying works for archival purposes: Libraries and archival organizations have the right to copy works for preservation or research purposes.
• Converting works to braille or other formats for people with disabilities: Published works may be converted to formats such as braille or audio to serve people with disabilities, as long as it is not for commercial purposes.

2. Exceptions for people with disabilities (Article 25a)

To support people with disabilities in accessing works, the law stipulates a number of exceptions as follows:

• Converting works into accessible formats: Published works may be converted to formats such as Braille, audio or digital formats to suit the needs of people with disabilities.
• Making and distributing copies to people with disabilities: People with disabilities can receive copies of published works without asking permission from the author.
• Conditions: These activities are not for commercial purposes and must clearly state the author’s name and origin of the work when used.

3. Using published works does not require permission but must pay royalties and clearly state the author’s name and origin of the work (Article 26)

In some cases, works can be used without permission, but the user must pay royalties and clearly state the author’s name and origin of the work. Cases include:

• Using works for broadcasting: Works can be broadcast on radio or television without asking permission from the author, but royalties must be paid and the source must be clearly stated.
• Copying works in libraries: Libraries can copy works for public research purposes, but must pay royalties and credit the author and source.
• Performing the work in commercial activities: If the work is performed in events or artistic activities for commercial purposes, the use of this work will require royalty payment.
• Use of the work in commercial activities or derivative works: Use of the work in commercial products or services, or creation of derivative works from the work, requires payment of royalties and compliance with regulations regarding attribution.

Consulting and support services for using published works without permission according to current regulations

With experience and deep understanding of intellectual property law, Long Phan provides professional consulting services, supporting customers to use published works in cases where permission is not required in accordance with the law. Our services include:

• Advise on conditions for using works without permission.
• Consulting and supporting customers to use the work without violating copyright, ensuring compliance with the conditions on the author’s name and origin of the work.
• Representing customers in working with relevant state agencies, organizations or individuals in case of copyright disputes.
• Consulting and supporting providing solutions to handle and protect customers’ rights in complex legal situations.
• Support in resolving complaints when copyright disputes arise.

Using published works without permission requires compliance with legal regulations to ensure that copyright is not violated. If you still have questions about this issue, please contact Long Phan immediately via the hotline 0906735386 for quick and detailed support. Our professional team is committed to providing optimal solutions, helping you use our works safely and legally.