The Federal Republic of Germany's collective music rights organization GERMANY 2000 alone earned 801 million EURO (~ 1 billion USD). In addition to the creative artistic incentives that these revenues bring to its member authors, the collective management organizations also provide budgetary support to a number of cultural and artistic funds for related fields, with the annual expenditure for the SOCAN welfare fund being 3% of the revenue. Such activities not only support cultural development but also have a propaganda effect on promoting awareness of copyright protection in society.
Collective management of copyright will mean reducing the administrative burden for relevant state agencies when the collective management organization is a civil organization established and operated by the authors themselves (or other legal copyright holders). With a professional organization and a team of professional staff, the need for administrative agencies to intervene in resolving violations will be reduced. On the other hand, the pressure to issue new documents on copyright fees will no longer exist because the fee will be established by the collective management organization, depending on each case, together with specialized cultural organizations for each period. The regulation of such fees will be more objective and realistic than the rigid regulations of legal documents. At that time, the state management agency will return to performing its proper state management function, which is to inspect and adjust the activities of the collective management organization to comply with the provisions of law.
Collective copyright organizations have become an effective form of copyright enforcement in most countries with copyright protection laws. Currently, there are hundreds of national collective management organizations and dozens of international collective management organizations operating in the world, of which most countries have collective management organizations. Particularly in the field of music performance
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There are more than 170 collective management organizations operating in the world. Collective management organizations for copyright are often established as civil organizations in developed countries, while some developing countries choose administrative forms for this organization. The ability to operate of the two forms is the same, but practical experience shows that the civil organization form is more effective.
According to international experience, the collective management organization must be an independent organization established and operating on the basis of the voluntary will of the authors and other copyright owners. The main task of the collective management organization is to enforce copyright for its members. To carry out that task, the collective management organization receives the right to represent the members to distribute the right to use the work and collect benefits from the use of publications. However, with the position of a focal point, possibly even a monopoly on the distribution of the right to use cultural works as well as the owner and division of copyright fees, the activities of the copyright organization can also arise certain problems not only for the users of the work but also for the copyright owners. Therefore, there must be a number of appropriate state management mechanisms to inspect and, if necessary, the activities of the collective management organization.
In Vietnam, the establishment of a collective copyright management organization has been discussed for a long time but has not been implemented because of confusion between collective management organizations and other forms of associations, unions , etc. Collective management organizations have fundamental differences compared to other forms of organizations, the most important difference is that other associations do not manage copyrights, their activities are mainly professional and can use the state budget, and can carry out profitable activities. Collective copyright management organizations are legal entities that represent authors and copyright owners in managing their intellectual property, operating on a non-profit basis, and ensuring their own revenues and expenditures. Regarding the legal status of the organization
Collective management can be established under different laws, regulated by common law, copyright law, by the charter and regulations of the organization based on the voluntary participation of members. The common forms of organization today are non-governmental, non-profit, limited liability. In terms of finance, collective management organizations operate on the principle of ensuring expenses by deductions from income, not relying on the state budget. However, in the first few years, collective management organizations need support from the government and international collective management organizations. For developing countries like Vietnam, international assistance and cooperation are very important, collective management organizations operate independently of each other in many other aspects. Collective copyright management organizations serve primarily the interests of authors, but users also benefit from the benefits provided by collective copyright organizations through simpler and cheaper access to works, due to the reduced costs of negotiating and distributing royalties and remuneration compared to the case of individual implementation.
The application of collective copyright management has been and is the only effective solution in the world to solve the difficulties in exploiting and using rights in cases where individual management may not be possible and does not make practical sense. Therefore, the application of collective copyright management is the choice to directly serve the state's macro policy in the field of copyright, to encourage domestic creativity and ensure conditions for the process of international economic integration.
Building a collective copyright management system is an urgent need of today's reality in the field of culture and art, contributing to creating a healthy environment for the exploitation and use of works, bringing economic efficiency to authors, copyright owners, and users of works. From there, forming a habit of awareness of complying with copyright laws.
authors in particular and legal awareness in general. On the part of authors, awareness of rights and demands for the establishment of appropriate mechanisms to exploit the maximum value of works have been formed and are becoming stronger. They desire and demand to live by their own creative labor, to be guaranteed social justice in the exploitation and use of their creative achievements. In addition, the awareness of compliance with copyright laws of users of works is also increasingly enhanced, they wish to be created conditions to use works legally, conveniently and at reasonable costs. Ultimately, the demands of authors, copyright owners and users are also the demands of the public in line with the goals of economic and cultural policies, because the results of collective copyright management activities contribute to creating more products, higher quality, cheaper prices, well meeting the public's requirements for accessing works.
Building a collective copyright management system is very suitable for the Vietnamese State's policy on socializing cultural and artistic activities, encouraging the active participation of relevant sectors in wide-ranging, regular and specific work that they can carry out effectively.
Fourth: Training a team of staff specializing in intellectual property.
This training is carried out both domestically and internationally for all officials in the intellectual property enforcement system from the government to ministries, departments, People's Committees of provinces and centrally run cities, inspection departments, and judicial agencies from central to local levels. This team must first be trained in depth on intellectual property law through formal and in-service training courses, professional training sessions, and domestic and international scientific seminars. Because without in-depth knowledge in this field, intellectual property enforcement officials cannot do their jobs well. In addition to professional training, foreign language training and international law training on intellectual property rights through foreign languages are very important and necessary because many countries in the world are far ahead of Vietnam and have a lot of experience in this field. Learning from leading countries in the field of intellectual property rights will be easier for Vietnamese officials if they are good at foreign languages.
In the process of training the team of officials enforcing intellectual property rights, special attention must be paid to the team of officials in agencies appraising violations and handling administrative violations, and the team of court judges adjudicating cases related to intellectual property rights. The goal is to strive from now until 2010 to have a team of professional judges adjudicating intellectual property rights with high professional qualifications. This team of judges can be selected from qualified law graduates who have been systematically trained.
Fifth: Create material means capable of meeting new requirements.
This is a very important condition because having people with basic training is not enough. The State needs to invest in facilities so that intellectual property enforcement officers can do their job well. The first investment is in location.
work; For example, the Copyright Office is currently located in a location that is completely inconvenient for daily transactions on copyright. Authors who come to register for the protection of their works will certainly not have much confidence in this protection from the state when they see the office's headquarters located deep in the middle of nowhere, in a small, shabby building. Therefore, it is necessary to move the office to a new location, more convenient for travel and transactions, more impressive to truly represent the agency protecting copyright. Then it is necessary to invest in modern equipment for intellectual property enforcement agencies because the tricks of counterfeiting, fake goods, pirated tapes and discs, and goods that violate intellectual property rights are very sophisticated. Modern technical means will help intellectual property enforcement officers detect quickly, accurately, and have a proper and strict way of handling violations of intellectual property rights.
3.3. Promote propaganda and legal education on intellectual property protection
To protect the interests of consumers, the interests of legal production and business enterprises, create an equal and healthy business environment, contribute to attracting investment, strengthen the fight against the production and trade of counterfeit goods, counterfeit goods and acts of infringement of intellectual property rights, the most long-term and positive issue is to increase social awareness, awareness of the general public in raising legal awareness, knowing how to respect and understand the meaning of intellectual property rights. Timely detect cases of counterfeit goods, counterfeit goods, other acts of infringement of intellectual property rights. Report to competent state agencies to prevent and handle, not to assist, accept and be indifferent to counterfeit goods, counterfeit goods, plagiarism, music plagiarism, illegal printing of books, illegal publishing, illegal printing of copies of tapes and discs, infringement of intellectual property rights.
One of the reasons for the widespread violation of intellectual property rights is the limited and incomplete awareness of intellectual property law and the role and position of intellectual property in the socio-economic development process. Therefore, the requirement to disseminate and educate the law to raise the awareness of intellectual property law among the masses is an urgent and sustainable task. However, in order for legal dissemination and education to be effective, it is necessary to divide the subjects and choose the appropriate form of education and dissemination for each subject. It is necessary to clearly define the purpose, requirements, contents that need to be effectively communicated, habits, and behaviors.
The target group is enterprises, production and business entities, and intellectual property owners.
There should be short-term and long-term training courses on legal knowledge, procedures for establishing intellectual property rights, skills in exploiting and using intellectual property rights, regulations on technology transfer, contracts and technology sales, licensing contracts, etc. Brand building strategies, new production technologies and other intellectual property issues. When having knowledge, business entities will know how to protect their intellectual property rights and thereby respect the intellectual property rights of enterprises. On the other hand, it is also necessary to educate enterprises and other production and business entities in the market about the legal consequences of intellectual property rights violations, so that they know how to prevent, sue and denounce violations and at the same time deter them from aiding and abetting the production of counterfeit goods, counterfeit goods, concealing counterfeit goods, counterfeit goods, and goods that violate intellectual property rights in the course of doing business for profit.
Regarding copyright law, propaganda work must aim at three main subjects: authors, copyright owners and users of copyright.
The product makes each subject clearly understand their legal rights and interests, what can be done and what cannot be done, only then can violations be limited.
Reality in the past shows that people with rights do not know they have rights, people with obligations do not know they have obligations, leading to unintentional copyright infringement, while the violated person is completely unaware.
In our country today, the dissemination of intellectual property law education is mainly carried out through mass media. Some newspapers, radio stations, and television stations have opened popularization columns, but they only focus on general legal knowledge, rarely on intellectual property law. Currently, professional associations such as the Association of Culture and Arts, and the Association of Enterprises have their own newspapers. Should these newspapers have a legal column on intellectual property related to those associations? Only then will readers, as authors, owners of intellectual property, and users of intellectual products, be provided with legal knowledge related to themselves.
- The target group is consumers.
Through mass media, various propaganda methods are used to provide consumers with necessary knowledge about intellectual property rights, warnings about the harmful effects of counterfeit goods, counterfeit goods, or goods that violate intellectual property rights; ways to distinguish genuine goods from counterfeit goods, skills to detect and denounce violations, resolutely boycott counterfeit goods, be conscious in choosing products that serve the purpose of genuine consumption, not be indifferent, apathetic or acknowledge, accept the existence of counterfeit goods.