[IP 4] Conditions for the Protection of Related Rights to Copyright (Related Rights) under the Law on Intellectual Property

(Based on Articles 16 and 17 - Vietnam Law on Intellectual Property)

In the modern creative ecosystem, alongside copyright, related rights play an important role in protecting the lawful rights and interests of entities involved in the performance, production, and broadcasting of works. Properly understanding the conditions for the protection of related rights not only helps individuals and organizations proactively safeguard the results of their creative labor but also ensures that the exploitation and use of intellectual products comply with Vietnamese law.

1. Related rights to copyright (hereinafter referred to as related rights)

According to Article 4 of the Vietnam Law on Intellectual Property, related rights are the rights of organizations and individuals to performances, sound recordings, video recordings, broadcast programs, and encrypted satellite signals carrying encoded programs.

Related rights are established to protect the lawful rights and interests of entities that do not directly create the original works but play an essential role in performing, producing, recording, and transmitting works to the public. The protection of related rights reflects legal recognition of the labor efforts, financial investment, and contributions of performers, producers of sound and video recordings, and broadcasting organizations, while ensuring a balance with the copyright of the original works. This contributes to promoting healthy and sustainable creation, dissemination, and exploitation of works in the digital environment.

2. Subjects eligible for related rights protection

According to Article 16 of the Law on Intellectual Property, related rights are protected for the following subjects:

• Performers: Related rights are protected for performers, including actors, singers, musicians, dancers, and other individuals who directly present literary and artistic works. These subjects express works through performances, helping convey the content, emotions, and artistic value of the works to the public.
• Owners of performances: Organizations or individuals that own performances are protected under the law. Pursuant to Clause 1, Article 44 of the Law on Intellectual Property, the owner of a performance is the organization or individual that has invested time, financial resources, and technical facilities to carry out the performance, unless otherwise agreed by the parties.
• Producers of sound and video recordings: Related rights are protected for organizations or individuals who first fix the sounds or images of performances or other sounds and images. These subjects are closely associated with technical and financial investment in creating recordings, thereby contributing to the preservation and dissemination of performance content.
• Broadcasting organizations: Organizations that initiate and carry out the broadcasting of programs are also subjects eligible for related rights protection. Through broadcasting activities, these organizations bring performances and sound and video recordings to a wide audience via mass media.

Thus, related rights not only protect original content creators but also recognize and safeguard the efforts of entities that contribute to bringing works to the public.

3. Objects of related rights eligible for protection

According to Article 17 of the Law on Intellectual Property, objects eligible for related rights protection include performances, sound recordings, video recordings, broadcast programs, and encrypted satellite signals carrying encoded programs. These intellectual products are closely associated with performance, production, and communication activities and play an important role in cultural, artistic, and creative industries.

3.1. Conditions for the protection of performances

A performance is protected by related rights if it falls under one of the following cases:

• Performed by Vietnamese citizens in Vietnam or abroad;
• Performed by foreign nationals in Vietnam;
• Fixed in a sound or video recording protected under Article 30 of the Law on Intellectual Property (Article 30 stipulates the rights of producers of sound and video recordings, including the exclusive right to reproduce and distribute their recordings to the public through sale, rental, or any technical means accessible to the public);
• Not fixed in a sound or video recording but broadcast and protected under Article 31 of the Law on Intellectual Property (Article 31 stipulates the rights of broadcasting organizations, including the exclusive right to broadcast, rebroadcast, fix, and distribute broadcast programs to the public or authorize others to do so);
• Protected under international treaties to which Vietnam is a contracting party.

3.2. Conditions for the protection of sound and video recordings

Sound and video recordings are protected by related rights when:

• Produced by producers of sound and video recordings with Vietnamese nationality;
• Produced by foreign producers and protected under international treaties to which Vietnam is a contracting party.

3.3. Conditions for the protection of broadcast programs and satellite signals

Broadcast programs and encrypted satellite signals carrying encoded programs are protected by related rights when:

• Produced by broadcasting organizations with Vietnamese nationality;
• Produced by foreign broadcasting organizations and protected under international treaties to which Vietnam is a contracting party.

4. Principles of protection and the significance of properly understanding related rights

Performances, sound recordings, video recordings, and broadcast programs are protected by related rights provided that such protection does not prejudice the copyright of the original works.

A thorough understanding of the conditions for related rights protection enables performers, producers, and broadcasting organizations to proactively safeguard their legitimate interests while lawfully using works. In the context of digital transformation and deep international integration, this serves as an essential foundation for minimizing disputes and promoting the sustainable development of creative industries.

Currently, the Center for Innovation and Technology Transfer is receiving patent registration dossiers from individuals, lecturers, researchers, and enterprises.

For further information, please contact:

Center for Innovation and Technology Transfer - TDTU

Address: Room F.0104 - No. 19 Nguyen Huu Tho Street, Tan Hung Ward, Ho Chi Minh City
Phone: (028) 3776 0653 - 037 246 1275 (Contact: Quế Trân)
Email: citt@tdtu.edu.vn
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