Signals of Copyright Infringement in Vietnam

Authors might find their copyright are infringed in Vietnam and would need legal services from a local legal and intellectual property firm to advise.

 

Signals of Copyright Infringement in Vietnam

A literary, artistic or scientific work is an achievement from hard intellectual labor of the author. However, after publishing works, many authors find others use, print or trade their works without their prior written permission. The copyright infringement action can cause many material damages for authors when their intellectual labor achievements are used by others without prior asking and annual royalties. To ensure the rights of authors, the law strictly forbids from infringing and stipulates particularly as follows:

Appropriating copyright in a literary, artistic or scientific work.

Impersonating an author.

Publishing or distributing a work without permission from the author.

Publishing or distributing a work of joint authors without permission from the co-authors.

Modifying, editing or distorting a work in any way which prejudices the honour and reputation of the author.

Copying a work without permission from the author or copyright holder, except in the cases allowed by the Law

Making a derivative work without permission from the author or copyright holder of the work used for making such derivative work, except in the case allowed by the Law.

Using a work without permission from the copyright holder and without paying royalties, remuneration or other material benefits in accordance with law, except in the cases allowed by the Law.

Leasing out a work without paying royalties, remuneration or other material benefits to the author or copyright holder.

Duplicating, producing copies of, distributing, displaying or communicating a work to the public via a communications network or digital means without permission from the copyright holder.

Publishing a work without permission from the copyright holder.

Deliberately destroying or de-activating the technical solutions applied by the copyright holder to protect copyright in his or her work.

 

Deliberately deleting or modifying electronic information in a work regarding management of the rights to such work.

Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out equipment when knowing, or having grounds to know, that such equipment may de-activate technical solutions applied by the copyright holder to protect copyright in his or her work.

Making and selling a work with a forged signature of the author of such work.

Importing, exporting or distributing copies of a work without permission from the copyright holder.

With highly professional staff and great experience in Copyright and Related right aspect in Vietnam and other countries in the world, ANT Lawyers - Law firm in Vietnam would like to support and represent the clients in protecting copyright and related right.

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How does copyright work?

The law says that only the creator of a work, or his heirs, and no one else, has the right to make copies of it. Thus “copyright.”

The creator can lease out that right, give it away, whatever, but it’s his.

 

Copyright in Vietnam 

All the complications (and there are many) result from deciding who the creator is, what constitutes a copy, and how long copyright should last. Especially what constitutes a copy.

As for how it works in practice, copyright infringement — that is, making a copy without the creator’s permission — is a civil offense, not a criminal one. (What you do with the copies may well be criminal, though, since they’re stolen property.) That means that you won’t be arrested for copyright infringement, but you can be sued, and if you lose the suit you will be ordered to pay the creator everything you made off the infringement, plus any damages the creator can show to his own use of the property, plus (if the copyright was registered) punitive (punishment) damages.

Source: Quora 

ANT Lawyers – A Law firm in Vietnam has law offices in Hanoi, Ho Chi Minh City and Da Nang.  The lawyers at each law offices in Vietnam have consistently made valuable and important contributions to our profession through the cases we handled on daily basis to facilitate business transaction or represented our clients to access justice.

 

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