Report .docx

8/19/2019 Report .docx

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FOREIGN TRADE UNIVERSITY

HO CHI MINH CITY CAMPUS

INTELLECTUAL PROPERTY

Major: International B!ine!! E"ono#i"!

VIETNAM LA$ ON COPYRIGHT

Gro%: &

Cla!!: '(&CLC)

S%er*i!or: M!+ Ho T,i Hai T,-

Ho C,i Min, Cit-. A/!t )0&(


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GROUP MEMBER

Do Ha M- &)0&0&1)0)T,ai San, Hoan/ N,at &)0&0&1)23La# T,ien P," &)0&0&1)4(N/-en D" Tai &)0&0&12&&V5n B6", Min, An, &)0&0)(004L7 T,an, H8n/ &)0&0)(0)9Trn N/;" n/ &)0&0)(02(Ho?n/ @n/ M Lin, &)0&0)(029N/-n N,t Lin, &)0&0)(0&


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TABLE OF CONTENTS

PERFACE++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++&

C,a%ter One: INTRODUCTION OF COPYRIGHT+++++++++++++++++++++++++++++++++++++++++++2

1.1. Brief history of Copyright.................................................................................3

1.2. Definition of Copyright in Vietnam Law..........................................................5

1.2.1. Moral rights....................................................................................................5

1.2.2. Economic rights.............................................................................................. 5

1.3. Conditions for protection of copyright..............................................................

1.3.1. !"thors and copyright holders that ha#e wor$s co#ered %y Copyright...........

1.3.2. &ypes of wor$s co#ered %y Copyright............................................................1.3.3. '"%(ect matters not co#ered %y Copyright protection.....................................)

C,a%ter To: CONTENTS OF. LIMITATIONS ON AND TERM OF

PROTECTION OF COPYRIGHT++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++3

2.1. &erm of protection of Copyright.......................................................................*

2.1.1. +ndefinite term................................................................................................*

2.1.2. &ime limit protection......................................................................................*

2.2. !cts of not infringing "pon Copyright..............................................................,

2.2.1. -ermission or payment of royalties or rem"nerations is not re"ired.............,

2.2.2. -ermission is not re"ired %"t the payment of royalties or rem"nerations is

re"ired...................................................................................................................1/

2.3. +nfringing "pon Copyright..............................................................................11

2.3.1. !cts of infringing "pon Copyright................................................................11

2.3.2. Enforcement on copyright infringement.......................................................13

C,a%ter T,ree: COMPARISON $ITH BERNE CONVENTION &334 AND

PRACTICAL CASES++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++&

3.1. Comparison with Berne Con#ention 1**......................................................10

3.1.1. Conditions for protection of Copyright.........................................................10

3.1.2. !cts of not infringing "pon Copyright..........................................................10

3.1.3. !cts of not infringing "pon copyright...........................................................15

3.2. -ractical cases.................................................................................................15


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3.2.1. Case st"dy for conditions for protection of copyright...................................15

3.2.2. Case st"dy for &erm of protection of copyright............................................1

3.2.3. Case st"dy for acts of not infringing "pon Copyright...................................1)

3.2.0. Case st"dy for acts of infringing "pon Copyright.........................................1)

CONCLUSION++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++&9

REFERENCES++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++)0


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&

PERFACE

+n the age of glo%aliation international trade plays a #ital role in promoting

the de#elopment of the national economy and ta$ing ad#antage of the co"ntries

competencies. !long with the trend of promoting international %"siness intellect"al property is gaining more and more attention and protection glo%ally. 4ot only

de#eloping co"ntries shows growing concern a%o"t it %"t also other gro"ps of

co"ntries rapidly %ecome aware of the importance to protect these intangi%le assets.

&here is little room for do"%t that intellect"al property is one of the %asic factors

contri%"ting to the competiti#eness of the companies in the mar$et. !s the #al"e of

comm"nicati#e epression grows so does the legal str"ct"re that go#erns the r"les

concerning its ownership. -rod"cts of the mind informational prod"cts are

protected "nder 6+ntellect"al -roperty Law7 in which 6Copyright Law7 plays an

important role.

8owe#er in some de#eloping co"ntries especially in Vietnam Copyright

infringement still happens reg"larly. +n fact Vietnam is one of the co"ntries ha#ing

the highest rate of Copyright infringement in the world. &a$e "nlicensed software

installation for eample according to the B"siness 'oftware !lliance Vietnam

possessed one of the highest piracy rates in the world of ,29 in 2//0. !ltho"gh this

proportion dropped to *19 in 2/13 it is still relati#ely high as compared to the

regional a#erage rate of /9. :a$e co"nterfeit and pirated goods are sold almost

e#erywhere ma$ing no one e#er thin$s they are illegal and need to %e prohi%ited.

&his real sit"ation is alarming since while the Constit"te of Vietnam enco"rages

people to %e creati#e and to research their rights are not protected.

&herefore after (oining the ;orld &rade


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)

@ Chapter &hree? Comparison with Berne Con#ention 1** and -ractical cases

Beca"se of limited $nowledge and time this report is "na%le to thoro"ghly

eplore all aspects of the pro%lems. 8ence there might %e some ine#ita%le mista$es

in the report for which the writers willingly welcome the remar$s of the lect"rer. 4e#ertheless o"r gro"p hopes to partly contri%"te to the st"dy of copyright law in

Vietnam which also helps to promote the s"staina%le de#elopment of the economy

as well as the society.


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2

C,a%ter One: INTRODUCTION OF COPYRIGHT

&+&+ Brie ,i!tor- o Co%-ri/,t

&he origin of copyright law is closely lin$ed with the technological progress.

&he in#ention of the printing press =the worlds first copying machine> in 1th

cent"ry %ro"ght a%o"t an eplosi#e growth of reading material widely a#aila%le for

the first time. +t is estimated that %efore the in#ention of the printing press the

n"m%er of %oo$s in all E"rope was a%o"t tho"sands %"t after only 5/ years the

fig"re was incredi%ly "p to 1/ million. &his intensi#e growth together with the

economic opport"nities accompanied with "rged the go#ernment to control the

flood of print matter and created an immediate need for protection of the rights of

%oth a"thor and p"%lisher from the earliest of literacy pirates. +n 1)1/ the worlds

first copyright law the 'tat"te of !nne was enacted in England.

+n Vietnam copyright is not "nder deep attention since the co"ntry has ("st

reformed and de#eloped its economy after war. +n general the r"les regarding the

protection of copyright were all stip"lated in doc"ments %elow law. 'ome

milestones can %e co"nted incl"ding the followings. +n 1,) Vietnam (oined the

;orld +ntellect"al -roperty


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Con#ention protecting recording prod"cers from illegal copying their records and

Br"ssels Con#ention related to signaling %y satellite.

+n some de#eloping co"ntries especially in Vietnam copyright infringement

still happens reg"larly. +n fact Vietnam is one of the co"ntries ha#ing the highestrate of Copyright infringement in the world. 8owe#er than$s to the management of

the go#ernment which foc"sing on implementing copyright law the rate of

copyright #iolation in Vietnam has %een decreasing rapidly. +ndeed the software

ind"stry has seen a positi#e red"ction in the "nlicensed software -C installations

C,art &+&+ Rate! o nli"en!e PC !otare in!tallation!

nit? 9

2//) 2//, 2/11 2/13/

1/

2/

3/0/

5/

/

)/

*/

,/

Vietnam

Asia Pacifc

(Source: BSA Global Software Survey)

&he fig"re ill"strates that according to the B"siness 'oftware !lliance

=B'!> Vietnam is one of the co"ntries ha#ing the highest rates of "nlicensed -C

installations in the world of *59 in 2//). &his fig"re is "ite easy to "nderstand

%eca"se fa$e co"nterfeit and pirated goods are a#aila%le almost e#erywhere in

Vietnam allowing people to %"y it easily with low prices witho"t concern of

#iolating the law. et the go#ernment grad"ally controls this sit"ation and lowers

these rates from *59 in 2//) and 2//, to *19 in 2/13. !ltho"gh this proportiondropped %y 09 in 2/1o#er the period of * years it is still relati#ely high as


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(

compared to the regional a#erage rate of 29 in 2/13. &herefore the effort made %y

the go#ernment is still not eno"gh for Vietnam to enhance its copyright. &he

co"ntry needs to implement the law more strictly in the f"t"re.

&+)+ Deinition o Co%-ri/,t in Vietna# LaCopyright is one $ind of +ntellect"al -roperty. !nd in accordance to Law of

+ntellect"al -roperty 4o. 5/A2//5.F8.11 the Copyright is defined as rights of

organiations and indi#id"als to wor$s they ha#e created or own. !dditionally

Copyright to wor$s consists of Moral ights and Economic ights.

&+)+&+ Moral ri/,t!

Moral rights of a"thors incl"de the following rights?

@ &o title their wor$sG@ &o attach their real names or pse"donyms to their wor$sG to ha#e their real

names or pse"donyms ac$nowledged when their wor$s are p"%lished or

"sedG@ &o p"%lish their wor$s or a"thorie other persons to p"%lish their wor$sG@ &o protect the integrity of their wor$s and to pre#ent other persons from

modifying m"tilating or distorting their wor$s in whate#er form pre("dicial

to their honor and rep"tation

&+)+)+ E"ono#i" ri/,t!

Economic rights of a"thors incl"de the following rights?

@ &o ma$e deri#ati#e wor$sG@ &o display their wor$s to the p"%licG@ &o reprod"ce their wor$sG@ &o distri%"te or import original wor$s or copies thereofG@ &o comm"nicate their wor$s to the p"%lic %y wire or wireless means

electronic information networ$s or any other technical meansG@ &o lease original cinematographic wor$s and comp"ter programs or copies

thereof.

&he Economic rights shall %e ecl"si#ely eercised %y a"thors or copyright

holders or granted %y a"thors or copyright holders to other persons for eercise

"nder the pro#isions of this Law.


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&+2+ Conition! or %rote"tion o "o%-ri/,t

&+2+&+ At,or! an "o%-ri/,t ,oler! t,at ,a*e orJ! "o*ere K- Co%-ri/,t

!ccording to !rticle 13 of Law of +ntellect"al -roperty 4o. 5/A2//5.F8.11

a"thors and copyright holders that ha#e wor$s co#ered %y copyright are?@ @ -lastic@art wor$s and wor$s of applied art@ -hotographic wor$s@ !rchitect"ral wor$s@ '$etches plans maps and drawings related to topography or scientific wor$s@ :ol$lore and fol$ art wor$s of fol$ c"lt"re@ Comp"ter programs and compilations of data

+n the law 4o. 3A2//,.F812 amending and s"pplementing a n"m%er of

!rticles of the Law on +ntellect"al -roperty 2//, this list is amended from thesentence 6'$etches plans maps and drawings related to topography or scientific


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wor$s7 into 6'$etches plans maps and drawings related to topography architect"re

or scientific wor$s7. +n another word the copyright laws since 2//, will %egin to

protect the s$etches plans maps and drawings related architect"re which is not

mentioned in the 2//5 +ntellect"al -roperty Law.

Second deri#ati#e wor$s shall %e protected only if it is not pre("dicial to the

copyright to wor$s "sed to create s"ch deri#ati#e wor$s. Third , protected works

must be created personally by authors through their intellectual labor without

copying others’ works.

&+2+2+ SKje"t #atter! not "o*ere K- Co%-ri/,t %rote"tion

In the Article 15 of Law of Intellectual Property No. 50/2005.QH.11, the

copyright law defined the subject matters not covered by copyright protection as:

@ 4ews of the day as mere items of press information.@ Legal doc"ments administrati#e doc"ments and other doc"ments in the

("dicial domain and official translations of these doc"ments.

@ -rocesses systems operation methods concepts principles and data.


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3

C,a%ter To: CONTENTS OF. LIMITATIONS ON AND TERM OF

PROTECTION OF COPYRIGHT

)+&+ Ter# o %rote"tion o Co%-ri/,t

)+&+&+ Ineinite ter#!ccording to !rticle 2) of Law of +ntellect"al -roperty 4o. 5/A2//5.F8.11

the +ndefinite term will %e applied for three of fo"r Moral rights which is to title

their wor$sG attach their real names or pse"donyms to their wor$s to ha#e their real

names or pse"donyms ac$nowledged when their wor$s are p"%lished or "sed and

protect the integrity of their wor$s and to pre#ent other persons from modifying

m"tilating or distorting their wor$s in whate#er form pre("dicial to their honor and

rep"tation.

)+&+)+ Ti#e li#it %rote"tion

!ccording to !rticle 2) of Law of +ntellect"al -roperty 4o. 5/A2//5.F8.11

the time limit protection will %e applied for the Moral right which is to p"%lish their

wor$s or a"thorie other persons to p"%lish their wor$s and Economic rights.

+n addition the time limit of protection for the copyrights is specified for

each type of wor$s as followed?

@ Cinematographic wor$s photographic wor$s wor$s of applied art and

anonymo"s wor$s ha#e a term of protection of se#enty fi#e years from the

date of first p"%lication. :or cinematographic wor$s photographic wor$s and

wor$s of applied art which remain "np"%lished within twenty fi#e years from

the date of fiation the term of protection is one h"ndred years from the date

of fiation.@ ! wor$ not mentioned a%o#e is protected for the whole life of the a"thor and

for fifty years after hisAher death. :or a wor$ "nder (oint a"thorship the term

of protection epires in the fiftieth year after the death of the last s"r#i#ing

co@a"thor. !nd the term of protection epires at 20?// hrs of Decem%er 31 of

the year of epiration of the copyright protection term.


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)+)+ A"t! o not inrin/in/ %on Co%-ri/,t

)+)+&+ Per#i!!ion or %a-#ent o ro-altie! or re#neration! i! not reire


cases of "se of p"%lished wor$s in which permission or payment of royalties orrem"nerations is not re"ired incl"de?

@ D"plication of wor$s for personal scientific research or teaching p"rposeG@ easona%le recitation of wor$s witho"t misrepresenting the a"thorsH #iews

for commentary or ill"strati#e p"rposeG@ ecitation of wor$s witho"t misrepresenting the a"thorsH #iews in articles

p"%lished in newspapers or periodicals in radio or tele#ision %roadcasts or

doc"mentariesG@ ecitation of wor$s in schools for lect"ring p"rpose witho"t misrepresenting

the a"thorsH #iews and not for commercial p"rposeG@ eprographic reprod"ction of wor$s %y li%raries for archi#al and research

p"rposeG@ -erformance of dramatic wor$s or other performing@art wor$s in mass

c"lt"ral comm"nication or mo%iliation acti#ities witho"t collecting any

charges in any formG@ !"dio#is"al recording of performances for the p"rpose of reporting c"rrent

e#ents or for teaching p"rposeG@ -hotographing or tele#ising of plastic art architect"ral photographic

applied@art wor$s displayed at p"%lic places for the p"rpose of presenting

images of these wor$sG@ &ranscription of wor$s into Braille or characters of other lang"ages for the

%lindG@ +mportation of copies of othersH wor$s for personal "se.


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&0

p"rposes ecl"ding the pro#ision of d"plication for personal "se and reprod"ction

of wor$ for archi#al and research p"rposes. &his also means that s"ch p"rposes as

6D"plication of wor$s for personal scientific research or teaching p"rpose7 and

6eprographic reprod"ction of wor$s %y li%raries for archi#al and research p"rpose7 will ha#e to as$ for permission of the a"thor if needed payment in the

architect"ral wor$s plastic wor$s and comp"ter programs.

)+)+)+ Per#i!!ion i! not reire Kt t,e %a-#ent o ro-altie! or

re#neration! i! reire


cases of "se of p"%lished wor$s in which permission is not re"ired %"t the payment

of royalties or rem"nerations is re"ired?

@ Broadcasting organiations that "se p"%lished wor$s in ma$ing their

%roadcasts which are sponsored ad#ertised or charged in whate#er form are

not re"ired to o%tain permission %"t ha#e to pay royalties or rem"nerations

to copyright holders from the date of "se. Le#els of royalties rem"nerations

or other material %enefits and modes of payment shall %e agreed "pon %y

in#ol#ed parties. +f no agreement is reached in#ol#ed parties shall comply

with reg"lations of the o#ernment or instit"te laws"its at co"rt "nder law.

Broadcasting organiations that "se p"%lished wor$s in ma$ing their

%roadcasts which are not sponsored ad#ertised or charged in whate#er form

are not re"ired to o%tain permission %"t ha#e to pay royalties or

rem"nerations to copyright holders from the date of "se "nder reg"lations of

the o#ernment.@


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&&

the o#ernments reg"lations7 to 6ha#e to pay royalties or rem"nerations to

copyright holders from the date of "se7 and added 6Le#els of royalties

rem"nerations or other material %enefits and modes of payment shall %e agreed

"pon %y in#ol#ed parties. +f no agreement is reached in#ol#ed parties shall complywith reg"lations of the o#ernment or instit"te laws"its at co"rt "nder law.

Broadcasting organiations that "se p"%lished wor$s in ma$ing their %roadcasts

which are not sponsored ad#ertised or charged in whate#er form are not re"ired

to o%tain permission %"t ha#e to pay royalties or rem"nerations to copyright holders

from the date of "se "nder reg"lations of the o#ernment7 which means that since

2//, the copyright holder will %e paid royalties or rem"nerations from the date of

"se. !dditionally the le#el mode of payment of royalties or rem"nerations or other

material %enefits and agreement of %oth parties ha#e %een clearly pointed o"t.

Broadcasting acti#ities will not ha#e to as$ for permission %"t ha#e to pay royalties

or rem"nerations to copyright holders from the date of "se.

)+2+ Inrin/in/ %on Co%-ri/,t

)+2+&+ A"t! o inrin/in/ %on Co%-ri/,t

!ccording to 6Law


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&)

scientific research or teaching p"rpose7 and 6eprographic reprod"ction of

wor$s %y li%raries for archi#al and research p"rpose7.@ Ma$ing deri#ati#e wor$s witho"t permission of a"thors or holders of

copyright to wor$s "sed for the ma$ing of deri#ati#e wor$s ecept for the

cases specified which is 6&ranscription of wor$s into Braille or characters of

other lang"ages for the %lind7.@ sing wor$s witho"t permission of copyright holders witho"t paying

royalties rem"nerations or other material %enefits according to the

pro#isions of law ecept for the cases of "se of p"%lished wor$s where

permission and payment of royalties andAor rem"nerations are not re"ired@ Leasing wor$s witho"t paying royalties rem"nerations or other material

%enefits to a"thors or copyright holders.@ D"plicating reprod"cing distri%"ting displaying or comm"nicating wor$s

to the p"%lic #ia comm"nication networ$s and %y digital means witho"t

permission of copyright holders.@ -"%lishing wor$s witho"t permission of copyright holders.@ ;illingly canceling or deacti#ating technical sol"tions applied %y copyright

holders to protect copyright to their wor$s.@ ;illingly deleting or modifying right management information in electronic

form in wor$s.@ Man"fact"ring assem%ling transforming distri%"ting importing eporting

selling or leasing e"ipment when $nowing or ha#ing gro"nds to $now that

s"ch e"ipment may deacti#ate technical sol"tions applied %y copyright

holders to protect copyright to their wor$s.@ Ma$ing and selling wor$s with forged signat"res of a"thors of original

wor$s.@ Eporting importing or distri%"ting copies of wor$s witho"t permission of

copyright holders.

)+2+)+ Enor"e#ent on "o%-ri/,t inrin/e#ent

&he pro#isions of 4o. 31A2//1A4D@C- impose relati#ely strict penalties on

copyright infringement. nder those pro#isions the competent a"thorities shall

either iss"e warnings to infringers or impose monetary fines depending on the

nat"re and gra#ity of the infringements.


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! fine of from V4D 2///// to V4D )/////// shall %e applied to the

"na"thoried m"ltiplication rep"%lication d"plication and d"%%ing of copyrighted

wor$s articles and programs. &he citations of anotherHs wor$s witho"t indicating

the a"thorHs name and the so"rce of the wor$ shall %e fined from V4D 2///// toV4D 5/////. ! fine of from V4D 3////// to V4D 1/////// shall %e imposed

on persons who witho"t the permission from the owner cond"ct the translation

m"tilation adaptation or alteration of wor$s. +llegal acts of p"%lication

dissemination and performance of copyright wor$s are s"%(ect to a fine of from

V4D 2///// to V4D 2///////. !dditional penalties shall incl"de re#o$ing the %"siness license confiscating

infringing prod"cts and the means "sed to prod"ce and commercialie infringing prod"cts compelling the infringer to pay compensation to the owner for material

damages "p to a maim"m of V4D 1////// and destroying confiscated harmf"l

c"lt"ral articles.


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&

C,a%ter T,ree: COMPARISON $ITH BERNE CONVENTION &334 AND

PRACTICAL CASES

2+&+ Co#%ari!on it, Berne Con*ention &334

2+&+&+ Conition! or %rote"tion o Co%-ri/,tVietnam has (oined the Berne Con#ention for more than ten years. !nd in

this con#ention there are some point a%o"t conditions for copyright protection

mentioned that is different from Vietnamese Copyright law.

Firstly the list of the literary artistic and scientific wor$s co#ered %y

copyright of Berne Con#ention does not mention the comp"ter programs and

compilations of data which is protected in Vietnamese law. &his cla"se is also

a#aila%le in &+-s agreement.

Secondly in the Berne Con#ention it is defined that 6collections of literary

or artistic wor$s s"ch as encyclopedias and anthologies which %y reason of the

selection and arrangement of their contents constit"te intellect"al creations shall %e

protected as s"ch witho"t pre("dice to the copyright in each of the wor$s forming

part of s"ch collections7. &his cla"se is not mentioned in the Vietnamese Law.

8owe#er the Berne Con#ention also noted that it shall %e a matter for

legislation in the co"ntries of the nion to determine the protection to %e granted to

official tets of a legislati#e administrati#e and legal nat"re and to official

translations of s"ch tets. Vietnam decided to list this as not co#ered %y copyright.

2+&+)+ A"t! o not inrin/in/ %on Co%-ri/,t

First regarding "otations they are considered legitimate when it is ta$en

from a wor$ was made a#aila%le to the p"%lic in a legal way as long as the citations

that fit with fair practice and does not eceed the p"rposes cited incl"ding citationsof (o"rnal articles and periodic form of press re#iews.

Second on the ill"strations for teaching (o%s the national legislation of the

nion and the special agreements eisting or to %e concl"ded %etween these

co"ntries a"thoried for "se for the p"rpose of "se the literary or artistic ill"strated

%y the p"%lication %roadcasting recording or #ideo recordings for teaching

pro#ided s"ch "tiliation is consistent with fair practice.


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&(

Third a%o"t +ndications of 'o"rces while "sing other literat"re art and

science wor$s the a"thor m"st specify the so"rce of the wor$ and the a"thorHs

name if any.

2+&+2+ A"t! o not inrin/in/ %on "o%-ri/,t+n comparison %etween 6Law


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&4

the creators of the derivative works have to have the permission of the original

authors. In this case, the derivative works will be protected by the copyright law.

With the Maseco situation, when started to mix these songs, they did not

have the permission of the original version authors. The Maseco was the one who

infringement the copyrights. The only person can sue the Dong Hai Company is the

original author of the song and the Maseco had no right here.

Second , Mr.A is a well-known appropriation artist who transforms the work

of others to create new meaning in his own work. For an exhibition in the Gallery,

Mr. A appropriated 41 images from a photography book by photographer Mr. B. He

added some black circle on the face of the character of the photograph to creat new

meaning out of the photographs and it is not prejudicial to the copyright to the

photograph of Mr. A used to create such derivative works. This pictures became

famous thanks to the black circle, not the photograph themselves. However, Mr. B

argued that it was not fair use, but copyright infringement.

The judge ruled in favor of Mr. A for the majority of the works in dispute,

claiming that Mr. A’s work transformed the work in the way that it was

aesthetically different, and he showed his personal creativity in the works, thus

acceptable under the argument of fair use. It means that Mr. A created the works

with his own creation. And the derivative works of Mr. A was not prejudicial to Mr.

B’s works based on the Article 13, which defined “protected works must be created

personally by authors through their intellectual labor”.

2+)+)+ Ca!e !t- or Ter# o %rote"tion o "o%-ri/,t

'tephen Ioyce @ grandson of Iames Ioyce =1**2@1,01> has ass"med s"preme

power with one of the literary legacy of aggressi#e and deadloc$ for h"manity

from the mid@1,,/s.

&he scholars were re"ired to pay the copyright fees #ery high and often

denied flat right "ote anything from the wor$s of Iames Ioyce.


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&1

8owe#er after the epiry of copyright? the night of year@end 2/12

e#erything changed. &he wor$s of Iames Ioyce "ic$ly appeared the new edition

the new collection and new translations.

!nyway the termination of the protection term of copyright in the wor$s of Iames Ioyce had help the deri#ati#e wor$ easily to reach the p"%lic there will

%e many people $now a%o"t his masterpiece and it is also the highest honor to one

of the writing masters of man$ind.

2+)+2+ Ca!e !t- or a"t! o not inrin/in/ %on Co%-ri/,t

Mr. 4g"yen F"ang &"an a writer s"ed Mr. Dao &hai &on for f"lly copying

fo"r of his wor$s into the %oo$ 6VJn %Kn &r"yn iN" O 4ghiPn cQ" #R thKo l"Sn7.

8e claimed that Mr. &on did not as$ for his permission and did not pay any royalty

or gi#e any %oo$. &his was an act of infringement of copyright. 8owe#er Mr. &on

re(ected and said that these were only the "otations %eca"se this %oo$ is 6research

and disc"ssion7 so the eact "otations are necessary. 8e also pointed o"t *2

mista$es for dishonest and lac$ing epertise of Mr. &"an. &his %oo$ had the only

p"rpose of gi#ing a right point of #iew to the readers and witho"t any commercial

p"rpose.

&he ("dge decided that Mr. Dao &hai &on eactly copied the wor$s of Mr.

4g"yen F"ang &"an was not the infringement of the copyright %eca"se his %oo$ is

a research not a literary so it was a%le to "otes the eact wor$s of other a"thors

witho"t as$ing for any permission. !nd Mr. &on did not "se this %oo$ for the

commercial p"rpose. 'o Mr. &on was clear in this sit"ation.

2+)++ Ca!e !t- or a"t! o inrin/in/ %on Co%-ri/,t

&his law s"it is %etween Mr. Le -h"oc Vinh who is reporter of Can &horadio@tele#ision and the 6-"%lisher of the !rt7 =4TBV4> and the cla"se relating to

6Leasing wor$s witho"t paying royalties to copyright holders7 and 6-"%lishing

wor$s witho"t permission of copyright holders of the +ntellect"al -roperty Law.

64hac tai t" O Van hoa mien song n"oc7 wrote %y Mr. Le -h"oc Vinh was

p"%lished in the wee$ly international newspaper named ;orld !ffairs ;ee$ly in

1,,. &hen the -"%lisher of the !rt reprinted the article %"t replaced 123 words

from the original article witho"t permission and paying royalties to the a"thor.


22/24

&3

&here was #iolation in 6Leasing wor$s witho"t paying royalties to copyright

holders7 and 6-"%lishing wor$s witho"t permission of copyright holders7. &h"s the

-"%lisher of the !rt had to pay ) million V4D for Mr. Le -h"oc Vinh.


23/24

&9

CONCLUSION

4owadays with the c"rrent technology the internet has de#eloped at a #ery

fast pace. &his has gi#en h"mans an immense capacity to do anything imagina%le

thro"gh the internet. -eople can easily access to the comm"nication system and getinformation from many so"rces with no diffic"lties. Each and e#ery day the #ery

fast pace of de#elopment of new technology allow people to do things that a few

years ago was "nimagina%le. &ho"gh the internet p"ts the world at o"r fingertips it

creates an enormo"s pro%lem for many people.


24/24

)0

REFERENCES

1. &he 4ational !ssem%ly , 2//5 , Law o! "#$%##"$&'on ntellectual

*ro+erty!2. &he 4ational !ssem%ly , 2//, , Law o! $%##.$&'% of /une ., %##.,

a0endin1 and su++le0entin1 a u0ber of Articles of the Law on

ntellectual *ro+erty!3. !n Di 2,A/)A2/15 23u chuy4n v5 n167i th8a 9 di s;n /a0es /oyce

Uhttp?AAt"oitre.#nAtinAt"oi@tre@c"oi@t"anA#an@de@s"@$ienAch"yen@

deA2/15/)20Aca"@ch"yen@#e@ng"oi@th"a@$e@di@san@(ames@

(oyceA)*23,0.html 1/A/*A/15.0. Le 4ga 11A1/A//5 ? +h@c th0 v vi +hC0 Duy5n tEc 1i;

Uhttp?AA#iet%ao.#nA!n@ninh@-hap@l"atATet@"@ph"c@tham@#"@#i@pham@

"yen@tac@giaA051)/,)0A21*A 11A/*A2/15.5. Le 4ga 21A1/A2//, Tranh ch+ b;n Duy5n bi +hHi

9arao9eUhttp?AAwww.thanhnien.com.#nA#an@hoa@nghe@th"atAtranh@chap@

%an@"yen@%ai@phoi@$arao$e@33*13/.html 12A/*A2/15.. &ran &hanh 15A/A2//) 'ai nh vIn 9i4n nhau: Jo ThEi TKn thn1

MtrNn l6Ot v5PQ, Uhttp?AA#iet%ao.#nAVan@hoaA8ai@nha@#an@$ien@nha"@Dao@

&hai@&on@thang@tran@l"ot@#eA)//**,A1*1A1/A/*A2/15.

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