Protection of related rights under Vietnam Intellectual Property Law

b) Exclusively distribute or authorize others to distribute to the public its broadcast programs;

c) Exclusively shape or allow others to shape their broadcasts;

d) Exclusively copy or allow others to copy the format of your broadcast program.

The activities of broadcasting organizations are the use of other people's works and performances to transmit to the public, so when using works and performances for broadcasting, broadcasting organizations must ensure the personal rights and property rights of the author, copyright owner of the work or of the performer and related rights owners of the performance. Therefore, broadcasting organizations have the following obligations:

a) Must seek permission and pay royalties to the author or owner of the work if using an unpublished work to make a broadcast program [25, point d, clause 1, Article 20]. Through the contract for using the work, the parties agree on royalties. If using a published work to make a broadcast program, this organization does not have to seek permission from the author or owner of the work but must pay remuneration, name the author and ensure the integrity of the content of the work [25, clause 1, Article 26].

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b) If a published audio or video recording is used for commercial purposes to make a broadcast program with sponsorship, advertising or payment in any form, the broadcasting organization must pay remuneration to the owner of the related rights to that audio or video recording [25, Clause 1, Article 33].

c) If broadcasting a performance live for commercial purposes, the broadcasting organization must obtain permission from the owner of the related rights to the performance (this is the exclusive right of the owner of the performance).

(under Point c, Clause 3, Article 29, Law on Intellectual Property), except in cases where the performance is performed for the purpose of broadcasting, the broadcasting organization must name the performer, pay remuneration to the owner of the related rights to the performance and must ensure the integrity of the performer's image. If using a modified or adapted work to produce a radio or television program, in addition to the obligation to name the author of the work, ensure the integrity of the content of the work, and pay royalties to the author of the modified or adapted work, this organization must also pay remuneration to the author of the original work. This is in accordance with the provisions of Clause 3, Article 20 of the Law on Intellectual Property.

The reality of violations of related rights by broadcasting organizations is still very worrying, although the provisions of the law on protection are relatively complete, such as the case of Vietnam Television (VTV) being infringed on the copyright of the Miss World 2006 contest in China. At the Miss World 2006 contest held in China, VTV widely announced that VTC Digital Television had committed a serious copyright infringement when it arbitrarily recorded signals from the Star World channel and broadcast the Miss World 2006 program on VTC1 channel at noon on October 1, while VTV had to pay to buy the exclusive broadcasting rights of the program and was scheduled to broadcast the final round of this contest on the evening of October 1. The above incident shows that the right to broadcast and rebroadcast the program that the law exclusively protects for VTV was violated by VTC.

Also related to the rights of the broadcasting organization VTV, an unfortunate incident occurred that caused significant damage not only to the broadcasting organization but also to the community, which was the incident where VTV lost the right to broadcast the live broadcast of the Miss World 2008 contest because some websites in Vietnam arbitrarily recorded the signals of the Miss World 2008 contest from VTV3 to broadcast live on their websites.

Having a website, even recording the program to store on the Web and rebroadcast. With the competition of Miss World 2008 being put online, everyone in the world, even if they do not have the copyright of this competition, can still watch the program. Regardless of the purpose, the above action can be said to have seriously violated the copyright of the Miss World 2008 television contest. RAAS (the company that the Miss World Organization has authorized to provide the copyright of this program for free, through RAAS to broadcast for free on VTV3 - Vietnam Television) has reacted quite harshly to this phenomenon and in the end, decided to stop providing the copyright to broadcast the final night of Miss World 2008 to VTV. Thus, VTV has suffered a loss, Vietnamese audiences have suffered a loss due to a cause beyond VTV's control. RAAS's decision to stop providing the television copyright for the Miss World 2008 finale to VTV was an unfortunate incident. This incident once again sounded the alarm about copyright infringement of television programs in Vietnam. Not being able to broadcast the Miss World 2008 finale live, Vietnam Television was the first unit to suffer damage to its reputation (even though it was due to objective reasons). After VTV, television viewers in Vietnam were the ones who suffered when they could not directly witness the Miss World 2008 finale - a major cultural event that had been awaited for a long time. The advertising revenue that VTV expected to collect from the live broadcast of the finale to transfer to the "Linking Hands" fund to help the poor, due to the above incident, was also lost. And up to now, the poor in Vietnam are the next group affected by the incident. The goodwill of the Miss World organization, RAAS, and VTV towards the poor was ultimately destroyed by the copyright infringement of some websites. Finally, from the above incident, the image of Vietnam in copyright issues was once again

more harmed. The question is, when will these regrettable violations stop happening in Vietnam?

2.4 Limitation of related rights

Limitation of related rights is the law's regulation of cases of using and exploiting the works of related rights owners without having to ask for permission or pay remuneration to the related rights owners. According to Article 32 of the Law on Intellectual Property, cases of using related rights without having to ask for permission or pay royalties or remuneration include:

a) Self-copying a copy for personal scientific research purposes. Regulations on intellectual property protection in general and related rights in particular all have provisions for the use of intellectual products for scientific research purposes without having to ask for permission and pay royalties or remuneration. Science is the inheritance between generations with new research and creations on the basis of existing scientific achievements. Therefore, the above regulation is also one of the conditions to promote scientific development.

b) Self-copying one copy for teaching purposes, except in cases where the performance, audio recording, video recording, or broadcast program has been published for teaching purposes;

c) Reasonable quotation for the purpose of providing information. According to the provisions of Clause 1, Article 24 of Decree 100/2006/ND-CP dated September 21, 2006, Reasonable quotation is the use of excerpts for the purpose of purely reporting news, which must comply with the following conditions: The excerpt is only for the purpose of introducing, commenting or clarifying the issue in providing information; The quantity and substance of the excerpt from the performance, audio recording, video recording, or broadcast program do not harm the rights of the performer, the rights of the audio recording, video recording producer, or the rights of the broadcasting organization to the performance, audio recording, video recording, or broadcast program used for

citation; appropriate to the nature and characteristics of the performance, recording, video recording, or broadcast used for citation.

d) Broadcasting organizations make temporary copies for broadcasting when they are entitled to broadcast. A temporary copy is a fixed copy with a limited time limit, made by a broadcasting organization using its own means and equipment, to serve the broadcasting organization's own subsequent broadcast. In special cases, that copy is stored in an official archive. This provision is limited to broadcasting organizations when they are entitled to broadcast, and the purpose of use is also only for broadcasting purposes.

Cases of using related rights do not require permission but must pay royalties and remuneration [26, Article 33]. The ratio of dividing royalties, remuneration and other material benefits is agreed upon by the rights holders or collective representative organizations of copyright and related rights.

Owners of related rights may entrust collective representative organizations of related rights to collect and distribute money, remuneration and other material benefits when related rights works are exploited and used. The entrusted collective representative organizations of copyright and related rights shall receive a certain fee according to the agreement.

Organizations and individuals using related rights in the following cases do not have to ask for permission but must pay royalties and remuneration as agreed to the author, copyright owner, performer, producer of sound recordings, video recordings, and broadcasting organizations:

a) Organizations and individuals who directly or indirectly use published audio or video recordings for commercial purposes to broadcast with sponsorship, advertising or collect money in any form do not have to ask for permission, but must pay royalties and remuneration as agreed to the author or copyright owner.

Authors, performers, producers of sound recordings, video recordings, and broadcasting organizations from the time of use; in case of failure to reach an agreement, the Government's regulations shall apply or a lawsuit shall be filed in court in accordance with the law. Organizations and individuals directly or indirectly using published sound recordings or video recordings for commercial purposes for broadcasting without sponsorship, advertising or without collecting money in any form shall not be required to obtain permission, but must pay royalties and remuneration to authors, copyright owners, performers, producers of sound recordings, video recordings, and broadcasting organizations from the time of use in accordance with the Government's regulations [26, Clause 1, Article 35].

b) Organizations and individuals using published audio and video recordings in business and commercial activities do not have to ask for permission, but must pay royalties and remuneration as agreed to the author, copyright owner, performer, audio and video recording producer, or broadcasting organization from the time of use; in case of failure to reach an agreement, they must comply with Government regulations or file a lawsuit at the Court as prescribed by law [26, Clause 2, Article 35].

Organizations and individuals using the above rights must not affect the normal exploitation of performances, sound recordings, video recordings, and broadcasting programs and must not harm the rights of performers, producers of sound recordings, video recordings, and broadcasting organizations.

2.5 Term of protection of related rights

The term of protection of related rights is a certain period of time prescribed by law to protect the rights of related rights holders. According to Article 34 of the Law on Intellectual Property, the rights of performers, producers of sound and video recordings, and broadcasting organizations are protected for 50 years from the year following the year in which the performance is fixed, the sound and video recording is published or fixed if the sound and video recording has not been published, or the broadcasting program.

shall be performed. and the protection terms shall expire at 24:00 on December 31 of the year in which the protection term of related rights ends.

The rights of performers include personal rights and property rights. The rights of performers are protected according to the provisions of Clause 1, Article 34 of the Law on Intellectual Property: " Performers' rights are protected for fifty years from the year following the year of the performance ". However, the current law stipulates that the protection period for both of these rights is fifty years [25, Clause 1, Article 34]. Because if the performer only has personal rights but no property rights, then only the protection period prescribed in Clause 1, Article 34 can be applied. The protection period for related rights is not distinguished as in the provisions on the protection period of copyright. This is different from copyright because in copyright, the protection period for personal rights is immutable and indefinite [25, Clause 1, Article 27]. The provision that the moral rights of performers are only protected for fifty years from the year following the performance is unclear as to the purpose of the legislator. However, it can be seen that it is not really consistent with current practice. Just compare with the moral rights in copyright, the same rights are named when the work or performance is used [25, Clause 2, Article 19 and Point a, Clause 2, Article 29], while copyright is protected indefinitely, the related rights of performers are protected for fifty years. There is also a view that the determination of the protection of personal rights in related rights for a period of 50 years is because those personal rights are only exercised and guaranteed when the performance fixation still exists, while due to technical characteristics, the performance fixation can only be preserved for a certain period. Moreover, the fifty-year protection period is enough time for performers to exploit all the economic values of the performance.

their performances, while also ensuring the benefits for other subjects in society when using these protected works [10].

However, in essence, personal rights in copyright and related rights are relatively similar. Moreover, related rights always arise on the basis of copyright and exist in parallel with copyright. Therefore, the regulation of the protection period of fifty years is not appropriate, for example, the performances of the King of Pop Michael Jackson after fifty years can be changed to another name when used and exploited by others. Or suppose a recording or video recording uses the performance of a performer, after fifty years when the recording or video recording is used and broadcast, the performer's name can be changed.

Protection of related rights under Vietnam Intellectual Property Law - 9

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