Copyright protection issues under US law

HANOI NATIONAL UNIVERSITY FACULTY OF LAW

TRAN ANH HUNG

COPYRIGHT PROTECTION ISSUES UNDER US LAW

always practice and practice

Hanoi - 2009

HANOI NATIONAL UNIVERSITY

FACULTY OF LAW

TRAN ANH HUNG

COPYRIGHT PROTECTION ISSUES UNDER US LAW

Major : International Law

Code : 60 38 60

MASTER'S THESIS IN LAW

Scientific supervisor : Associate Professor, Dr. Nguyen Ba Dien

Hanoi - 2009

INDEX

Page

Cover Page Pledge Table of Contents

INTRODUCTION 1

Chapter 1 : GENERAL ISSUES ON COPYRIGHT, SECTION 5

1.1. Concept and characteristics of copyright 5

1.1.1. Brief overview of the birth and development of copyright 5

1.1.2. Concept of copyright 7

1.1.3. Characteristics of copyright 10

1.2. Copyright protection 14

1.2.1. Copyright and copyright protection 14

1.2.2. Meaning and principles of copyright protection 18

1.2.2.1. The meaning of copyright protection 18

1.2.2.2. Principles of copyright protection 25

Chapter 2 : US COPYRIGHT LAW 27

2.1. Brief history of the formation and development of the Copyright Law 27 of the United States

2.2. Subjects and scope of regulation of the Copyright Law 30

2.2.1. Subjects protected by copyright 30

2.2.2. Copyright Owner 34

2.3. Duration of copyright protection and limitations on 37 copyrights

2.3.1. Duration of copyright protection 37

2.3.2.

Restrictions on copyright	40
2.4.	Copyright symbols and registration	43
2.4.1.	Copyright symbol	43
2.4.2.	Copyright registration	46
2.5.	Copyright Office and Copyright Royalties Arbitration Board	54
2.5.1.	Copyright Office	54
2.5.2.	Copyright Arbitration Board	56
2.6.	Copyright Infringement and Enforcement Measures	57
	Chapter 3 : LESSONS LEARNED AND SOLUTIONS	68
	PROPOSAL TO CONTRIBUTE TO IMPROVING THE LAW

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ON COPYRIGHT PROTECTION IN VIETNAM

3.1. Comparison of copyright protection laws of the United States and 68 Vietnam

3.1.1. Similarities in the legal provisions on copyright protection of the United States and Vietnam

3.1.2. Differences in legal regulations on copyright protection between the United States and Vietnam

3.2. Some lessons learned for legislation and enforcement of copyright law in Vietnam

3.2.1. State management of copyright 78

3.2.2. Procedures for copyright registration 79

3.2.3. Sanctions system in the enforcement of copyright protection 81

3.2.4. The role of Associations related to copyright 82

3.2.5. Copyright and cultural issues 85

3.2.6. Addressing copyright challenges in the digital age - the heart of copyright protection

Author in the present period

3.2.6.1. Characteristics of digital technology related to copyright

3.2.6.2. Notable points of US law on copyright protection in the digital age

3.3. Some solutions and recommendations to contribute to improving the effectiveness of law enforcement on copyright protection in Vietnam

3.3.1. Overview of some results in legislative work on copyright protection in Vietnam

3.3.2. Some existing problems and solutions to contribute to improving the effectiveness of enforcement of copyright protection laws in Vietnam

3.3.2.1. Some shortcomings in Vietnam's copyright laws according to international standards

3.3.2.2. Some proposed solutions to contribute to improving the effectiveness of enforcement of copyright protection laws in Vietnam under current conditions

105

CONCLUSION 116

LIST OF REFERENCES 118

INTRODUCTION

1. Urgency of the topic

Products of intellectual creativity are immaterial and easily disseminated and widely exploited in many different countries. Moreover, creativity and products of intellectual creativity are considered the premise and driving force for the common development of human society. Therefore, copyright protection for products of intellectual creativity in countries around the world as well as in Vietnam is extremely important.

The United States is a highly developed industrial country, with strict legal regulations on copyright, and the protection and enforcement of copyright infringements are taken seriously. Therefore, studying and learning from the experiences of this country to serve the work of building laws on copyright protection is of great significance to Vietnam.

In addition, the United States is a major trade partner of Vietnam and is also a signatory to the 1997 Copyright Agreement and the 2000 Trade Agreement; both countries are members of the Berne Convention on Copyright Protection. Therefore, research, adoption, and legal compatibility in the field of copyright between the two countries are extremely important conditions for economic, trade, and cultural exchanges and cooperation.

Despite its important theoretical and practical significance, the issue of copyright protection in US law has not been adequately researched by Vietnamese legal scientists. Therefore, the author has chosen the topic "The issue of copyright protection under US law " as the research topic in his Master's thesis in law.

2. Research situation

In recent years in Vietnam, there have been a number of articles and research works addressing the issue of copyright protection under US law.

In particular, foreign law in general in some aspects or for some specific subjects such as: Records, tapes, audiovisual works, architectural works, etc.

However, up to now, there has not been any scientific work that has thoroughly and completely researched at the level of a master's thesis or a doctoral dissertation on the topic of copyright protection under US law. Copyright protection under US law has only been studied through articles and debates in scientific conferences or in some specialized legal science journals, in parts or sections of textbooks, monographs or reference books; or mentioned as an aspect of copyright regimes. Therefore, theoretical and practical issues surrounding the topic of copyright protection under US law require scientists to continue to research in a more comprehensive, monograph and in-depth manner.

Therefore, the author hopes that with appropriate investment and research in the master's thesis on the topic of Copyright protection under US law , it will be a valuable reference document both in theory and in practice applied in Vietnam.

3. Scope of research

The study of copyright protection under US law has many contents related to the provisions in the national legal system as well as in the international legal system. Therefore, the scope of the thesis only considers and solves some issues surrounding the copyright protection regime under US law, specifically:

- Basic theoretical issues on copyright such as: concept, characteristics, objects, and subjects of copyright;

- Basic theoretical issues on copyright protection such as: the formation and development of world law on copyright protection, the meaning and principles of copyright protection;

- Analyze copyright protection regulations under US law;

- Assess the correlation and differences in the legal system on copyright between the United States and Vietnam and the provisions of international law to propose amendments and supplements to further improve the regulations on copyright in Vietnam.

4. Research tasks

With the research scope mentioned above in this thesis, the author focuses on solving the following main tasks:

- Analyze and summarize theoretical issues on copyright such as: concept, characteristics, objects, and subjects of copyright.

- Overview of the history of formation and development of regulations on copyright protection in international law; analysis of the meaning and content of basic principles in copyright protection.

- Analyze copyright protection regulations under US law;

- Compare the legal regulations on copyright in Vietnam and the United States.

- Based on these studies, recommendations are made to improve the copyright protection regime under Vietnamese law to harmonize with the laws of the US trading partner and to be consistent with the international legal system.

5. Theoretical basis and research methods

To achieve the set goals on the theoretical basis of dialectical materialism and historical materialism, the thesis used a number of research methods such as: comparative method, document analysis, synthesis method, as well as achievements of international judicial law science, works of scientists and jurists at home and abroad.

In addition, the research on the topic is also based on data in annual reports, seminars, and conference documents of the Department of Copyright of Literature and Art.

Copyright protection issues under US law - 1

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