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MEKONG COUNSEL


Decree amending and supplementing a number of articles on copyright and related rights

On September 20th, 2011, the Government issued Decree No. 85/2011/ND-CP amending, supplementing a number of articles of Decree No. 100/2006/ND-CP dated September 21st, 2006 detailing and guiding the implementation of a number of articles of the Civil Code and the Intellectual Property Law on copyright and related rights. Accordingly, there are some new noticeable points as follows:

 

-Lectures, addresses and other sermons as prescribed are the type of work presented in spoken languages ​​andmust be fixed under a certain material form. In case where the author makes the lectures, addresses, other sermons in the form of sound recordings, video recordings, such author shall enjoy copyright for such lectures, addresses, other sermons, and at the same time, be the rights holder to such sound recordings, video recordings as prescribed.

 

-Authorsof computer programs shall be entitled to royalties and other material benefits under agreement with copyright holders.

 

-The term of protectionof economic rights and moral rights for a posthumous works shall be 50 years; of photographic works, works of applied art shall be 50 years as from the date of its first publication. Within 50 years, if the works has not yet been published, the term of protection shall be 50 years as from the date of fixation.

 

-Owners ofbroadcasts are broadcasting organizations which invest their finance and material – technical facilities in broadcasting activities. In case of using works, sound recordings, video recordings to produce broadcasts, broadcasting organizations must perform the obligations to copyright holders and related rights holders as prescribed.

 

-Authorsand copyright holders and related rights holders may directly or authorize organizations or individuals to file application with 01 set of dossiers for registration of copyright and related rights at headquarter of the Copyright Office of Vietnam or at its representative office in Ho Chi Minh City, Da Nang City or at the Department of Culture, Sports and Tourism, where the authors, the opyright holders or related rights holders are headquartered or residing. Applications may be sent by postal mail service.

 

This Decree shall come into force from November 10th, 2011.