In Collective Copyright Management

Because the fake textbooks are the public - the students, because the pirated books are carelessly compiled, have errors, and are of poor quality.

The main reason for the widespread and increasing situation of piracy is that the sanctions and penalty framework are not strong enough. The level of penalties for printing and distributing pirated and fake books needs to be increased, both the administrative fines and the criminal penalty framework, in order to fundamentally and thoroughly solve the current problem of piracy of publications.

In the fields of fine arts, visual arts, and photography: the situation of fake and copied paintings on the market is quite common, paintings signed by famous artists on the market are dozens of times more than the number of genuine paintings painted by these famous artists. Many newspapers have reported on the paintings and logos of some award-winning authors being copied, such as last March, artist Bui Thanh Tam discovered that a work from his Crazy People series was blatantly copied, hung on the decorative wall of a coffee shop in Quang Ninh without permission. Or the case of the late artist Nam Son's family having to speak up to demand justice when discovering that his painting Portrait of a Monk (Bonze) was faked from the drawing to the signature. The fake painting was advertised for sale on the Facebook page Do Go Gia Bao for 5 million VND, then seeing many people asking, the price was raised to 8 million VND.

Sharing about the fact that artists' paintings were openly copied, even displayed in exhibitions, artist Tran Thanh Canh told the story of the painting Portrait of Miss Kim Anh by artist Thanh Chuong, which was impersonated in the exhibition Collection of Indochina Fine Arts at the Ho Chi Minh City Museum of Fine Arts, under the name Ta Ty.

The authors of fine arts, visual arts, and photography have not paid much attention to registering copyright and related rights. Authors only focus on introducing their works to the public. When they post their works on social networks, or when their works are published in newspapers or exhibited, they use those milestones to affirm that the work is theirs, not knowing that these are only for reference. They do not care about protecting their own copyright. Some authors who are not yet famous want to gain fame, even

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He also believes that the fact that his work is copied illegally helps the public know him more and is more beneficial.

In the digital environment: the illegal use of the digital environment has many complex developments. The sophisticated and difficult-to-control acts of infringement and fraud have made the digital environment the most difficult type of protection in countries, including developed countries.

With the development of information technology, especially the internet, the exchange of information is becoming faster and easier. The role of the internet in the world of information technology is increasingly enhanced, and all types of media works such as literature, art, fine arts, music, audio-visual... are now appearing everywhere on websites. The internet environment with its superior features in transmitting and storing all types of works, performances, recordings, videos, and broadcasts, creates opportunities for the public to access works at any location and time of their choice. That superiority and usefulness have been exploited by many individuals and organizations to illegally exploit and use works, performances, recordings, videos, and broadcasts. Many electronic newspapers, websites, digital television... illegally copy and broadcast works, performances, audio recordings, video recordings, and online broadcasts, making illegal profits.

According to data provided by the Inspectorate of the Ministry of Culture, Sports and Tourism, there are some cases where a company signed a contract to buy the right to use 150 songs to put on its website, but in reality they put up to 24,390 songs, another company signed a contract to use 3,000 songs but put up to 1,000 songs.

63,374 posts.

In addition, it is also easy to see hundreds of websites, mobile applications, personal accounts on Facebook, Youtube blatantly violating the copyright of VTV's broadcast programs to make illegal profits. Recently, at the 2018 World Cup, when VTV had to work very hard to buy the copyright, only two days after broadcasting, 700 accounts were discovered to be violating.

In the field of cinema and music alone, according to figures provided by some organizations, in Vietnam there are currently more than 400 Vietnamese websites openly showing tens of thousands of films on the Internet, more than 200 music websites with the domain name “.vn”, many websites providing publications of publishers without permission, not to mention the number of websites using international domain names.

On September 14, 2017, the Department of Radio, Television and Electronic Information publicly posted on its website a list of 83 websites with signs of copyright infringement of television program content, including: bilutv.com, hayhaytv.com, hdviet.com, phimmoi.net, hdonline.vn, phimbathu.com.

Vietnam has not yet joined a number of important multilateral international treaties in the field of copyright, directly regulating the protection of copyright and related rights in the digital environment. These are: (i) The WIPO Copyright Treaty (WCT, effective from March 6, 2002, currently with 91 member countries), signed to clarify a number of provisions of the Berne Convention for the Protection of Literary and Artistic Works in the Digital Environment, for example, clarifying the right to reproduce and the right to communicate a work in the digital environment. At the same time, this Convention also supplements a number of rights, powers and obligations of authors of member countries in the protection of copyright in the digital environment; (ii) The WIPO Performers' Rights Treaty (WPPT, effective from May 20, 2002, currently with 92 member countries) was signed to clarify and supplement a number of provisions. Rome Convention of 1961 for the protection of performers, producers of phonograms, video recordings and broadcasting organizations in the digital environment.

In the coming time, it is extremely necessary to perfect legal regulations and unify management of copyright and related rights for works in the digital environment in order to promptly respond to the continuous development of digital technology, control, and to more effectively protect the legitimate rights and interests of authors and copyright owners.

2.3.3. In collective copyright management activities

Collective copyright management systems are still the best way to ensure the rights of creators in the digital age. Although collective copyright management organizations have been established and put into operation in Vietnam and have achieved encouraging initial results. However, there are still many problems in practical implementation.

The activities of collective copyright management organizations in our country currently only stop at granting licenses for exploitation and use of works, collecting and distributing royalties, providing legal knowledge and information to members, and sending documents requesting competent state agencies to resolve disputes. There has not been any case where a collective copyright management organization represents its members in court to protect their rights.

The Recording Industry Association and the Center for Literary Copyright are not yet professional in their operations, as demonstrated by the development of programs, work plans, public information on copyright protection activities, and the establishment of mechanisms for collecting and distributing royalties in accordance with legal regulations. The facilities of collective management organizations are still lacking. Due to lack of funds, specialized staff have not been assigned, and a database has not been built to manage information about authors and members. Some types of works have not yet formed collective management organizations to manage the exploitation and use of copyright in that field on behalf of the rights owners.

2.3.4. In managing copyright appraisal activities

Copyright and related rights appraisal is a form of judicial appraisal in which the judicial appraiser uses knowledge, means, scientific methods, techniques, and expertise to draw professional conclusions on issues related to investigation, prosecution, trial, and execution of criminal judgments, and settlement of civil cases and administrative cases at the request of the prosecution agency, the prosecutor, or at the request of the person requesting the appraisal.

The Copyright and Related Rights Appraisal Center under the Copyright Office was established under Decision 1981/QD-BVHTTDL dated June 3, 2016. After more than 3 years of establishment, perhaps due to the complexity and diversity of the field of copyright and related rights, appraisal activities only began when Circular 02/2019/TT-BVHTTDL guiding the process of appraisal of copyright and related rights was issued. However, through the process of practical operation, the Copyright Appraisal Center is facing difficulties in researching and developing a set of assessment criteria as well as finding qualified experts for professional examinations to ensure that those granted Appraisal Cards have both practical experience and in-depth knowledge in the field of copyright, meeting the practical requirements of society. In addition, the cost of intellectual property appraisal has not been specifically regulated in any document, so those who apply it often feel confused. This has led to the phenomenon of shifting responsibility for requesting appraisal between related parties. In addition, the time limit for copyright appraisal has not been specifically regulated, so the long wait also affects the need to resolve and investigate the case.

In the coming time, there should be more detailed and specific regulations on the above issues to facilitate copyright appraisal activities, actively contribute to solving the bottleneck of valid evidence sources, and promote the process of resolving copyright disputes.

2.3.5. In international cooperation in management and enforcement of copyright protection

The process of international economic integration always raises the issue of how to take advantage of opportunities, absorb new things, create conditions for economic and social growth to quickly bring our country up to speed with other countries in the region and the world. At the same time, protect the interests of the country, preserve traditional values and national cultural identity, and ensure the socialist development orientation of the country.

Globalization is an inevitable development process of today's world. It creates many opportunities, but also many challenges for each country, including Vietnam.

Nam. The process of opening up and integration always goes hand in hand with both positive and negative aspects. Therefore, in addition to accepting new things, we also need to be alert to fight against negative aspects, avoiding negative impacts on our country's social life. The law must always maximize its positive and proactive role, truly being the most effective and efficient tool and means to manage the country, protect and promote the country's development.

To better exploit international conditions in implementing copyright protection laws, Vietnam must overcome some limitations such as the professional qualifications and foreign language proficiency of its staff and civil servants. We must proactively exploit the professional, technical and financial assistance of international organizations, foreign organizations and individuals to be able to train highly qualified experts in copyright protection laws in the legislative, executive and judicial agencies. From there, it will help the coordination between these agencies in implementing the law to be smooth, synchronous and effective.

Currently, Vietnam has not yet established a National Copyright Information Center as stipulated in Article IV of the Berne Convention. In the current context, when foreign enterprises and multinational corporations come to Vietnam to seek investment and business opportunities....

2.3.6. In handling complaints and denunciations; inspecting, examining and handling violations of copyright laws

Although according to the provisions of legal documents, the copyright enforcement agencies include the Inspectorate of Culture, Sports and Tourism, market management, economic police, customs, border guards, and coast guard, in reality, most of the inspections, checks, and handling of copyright violations are carried out by the Inspectorate of the Ministry of Culture, Sports and Tourism, and the remaining agencies have hardly ever really gotten involved.

The inspection, examination and handling of violations of copyright laws by the specialized inspection force of culture, sports and tourism is not carried out regularly, not handled thoroughly, and is only concentrated in large provinces and cities such as

Hanoi, Ho Chi Minh City. The professional and technical level of the inspectors of culture, sports and tourism sectors regarding copyright is still limited and not enough to meet the requirements of inspection, examination and handling of copyright violations.

Inspection and handling of violations are sometimes and in some places not carried out regularly and seriously. Usually, only when there is a petition do specialized inspectors and state management agencies on copyright get involved. Violations occur commonly, with complex nature in all fields. With the development of modern information technology and communication, copyright violations are becoming more diverse, sophisticated and difficult to detect and handle. Penalties have not been strictly applied to all violations and have not had a strong deterrent effect, while organizations and individuals who violate sometimes still ignore and continue to violate because they earn huge illegal profits, which leads to a mindset of contempt for the law among organizations and individuals who violate copyright.

Through the practice of inspection, examination and handling of copyright violations, it can be seen that the inspection, examination and handling of violations are only focused on the field of computer software, other fields have hardly received the attention of the inspection force, especially the Inspectorate of the Ministry of Culture, Sports and Tourism.

2.3.7. Some common causes of limitations

Copyright is a new field in Vietnam, so the awareness and understanding of management agencies, the unified management and direction of all levels are not yet complete, the sense of compliance and understanding of the people, including authors and organizations and individuals with related rights and obligations are still low. Therefore, state management by law on copyright still has limitations, especially the enforcement of legal provisions on copyright. Copyright infringement occurs in most fields with different forms and levels, especially in the fields of music, literature, computer programs, audio recordings, video recordings, broadcasting programs, digital technology, etc. This situation causes damage and negatively affects the activities of the State.

creative activities, investment environment, economic development, socio-culture of the country and the process of international economic integration. Authors and rights holders have not really paid attention to protecting their rights, and institutions supporting the enforcement of copyright have not really taken part. Many associations have not realized the need to stand up to protect the rights of their members, and the awareness of law observance of the majority of people in society is not high. Competent state agencies have not paid due attention to copyright protection. The handling of violations by agencies and organizations has not been carried out seriously. The coordination mechanism between agencies is not synchronous, lacks experience and is not strong enough in terms of expertise as well as necessary means to be able to handle violations effectively. The role of law enforcement agencies has not been effectively promoted. The above shortcomings are mainly due to: the enforcement mechanism is not yet complete, not yet meeting the requirements of reality, the method of organizing activities and the coordination of institutions in the enforcement system are not really effective; the understanding and legal awareness of the social community regarding the issue of copyright protection are still limited; the copyright holders themselves are not really active and proactive in protecting their legitimate rights and interests.

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