[IP 5] Contents, Limitations, and Term of Protection of Copyright Protection under the Law on Intellectual Property

(Pursuant to Articles 18 to 27 of the Law on Intellectual Property)

In Vietnam’s intellectual property legal system, copyright plays a central role in protecting the results of intellectual creativity of individuals and organizations with respect to literary, artistic, and scientific works. Chapter II, Section 1 of the Law on Intellectual Property provides comprehensive regulations on the contents of copyright, limitations of rights, and the term of protection, thereby establishing a legal framework to ensure a balance between the interests of authors, copyright owners, and the public interest.

1. Copyright

Pursuant to Article 18 of the Law on Intellectual Property, copyright in a work comprises moral rights and economic rights. These two groups of rights are closely interconnected: they reflect both the spiritual relationship between the author and the work and the economic value generated by the work during its exploitation and use.

The clear distinction between moral rights and economic rights is of great practical significance, as each group of rights differs in scope, term of protection, and transfer mechanisms. This distinction provides a legal basis for effectively protecting the legitimate interests of authors and copyright owners.

2. Moral rights of the author

According to Article 19 of the Law on Intellectual Property, moral rights include four fundamental rights:

• The right to name the work, reflecting the author’s personal imprint and recognition of creative activity;
• The right to have the real name or pseudonym indicated on the work, and to be named when the work is published or used;
• The right to publish the work or authorize others to publish it, demonstrating the right to decide on the time and form of making the work available to the public;
• The right to protect the integrity of the work, and to prohibit others from modifying, truncating, or distorting the work in any form that may prejudice the author’s honor and reputation.

These moral rights reflect the enduring spiritual bond between the author and the work, and serve as the foundation for protecting the author’s honor, reputation, and creative value throughout the existence of the work.

3. Economic rights of the author and the copyright owner

Under Article 20 of the Law on Intellectual Property, economic rights consist of rights to economically exploit the work, including:

• Creating derivative works;
• Performing the work before the public;
• Reproducing the work;
• Distributing or importing the original or copies of the work;
• Communicating the work to the public via wired or wireless means, electronic information networks, or any other technical means;
• Renting the original or copies of cinematographic works and computer programs.

In principle, organizations and individuals that exploit or use one, several, or all of the above economic rights must obtain permission from the copyright owner and pay royalties, remuneration, or other material benefits, except in cases where the use of the work does not require permission or payment as stipulated in Articles 25 and 26 of the Law on Intellectual Property.

Economic rights reflect the economic value of works and serve as a key driving force for creativity, investment, and commercialization of intellectual products in the knowledge-based economy.

4. Copyright in certain specific types of works

The Law on Intellectual Property provides specific provisions governing copyright for certain types of works with distinctive characteristics.

• Cinematographic works and theatrical works (Article 21): Individuals directly performing creative tasks such as directing, scriptwriting, cinematography, film editing, choreography, music composition, fine art design, sound and lighting design, props, special effects, and other creative activities are entitled to moral rights as stipulated in Clauses 1, 2, and 4 of Article 19, along with other rights as agreed. Organizations or individuals that invest financially and provide technical and material facilities for production are the owners of economic rights under Clause 3 of Article 19 and Article 20, and are obliged to pay royalties, remuneration, and other material benefits to creative contributors.
• Computer programs and data compilations (Article 22): Computer programs are protected as literary works, regardless of whether they are expressed in source code or object code. Data compilations are protected if they demonstrate creativity in the selection or arrangement of materials; however, such protection does not extend to the data themselves.
• Folklore works (Article 23): The law does not establish an exclusive rights regime; instead, it requires organizations and individuals using such works to indicate their origin and preserve their authentic values, thereby demonstrating respect for and protection of the community’s cultural heritage.
• Literary, artistic, and scientific works (Article 24): The Law on Intellectual Property establishes the principle of copyright protection for the types of works listed in Clause 1, Article 14, including literary and scientific works; textbooks and teaching materials; lectures and speeches; journalistic, musical, theatrical, and cinematographic works; fine arts, applied arts, photographic, and architectural works; sketches, diagrams, maps, and scientific drawings; folklore works; computer programs and data compilations. Specific protection regimes for these works are detailed by the Government to ensure uniform application of the law and suitability to the characteristics of each creative form.

5. Limitations of copyright – balancing social interests

To ensure access to knowledge and serve the public interest, the Law on Intellectual Property clearly stipulates two categories of limitations on copyright for published works.

First, cases in which published works may be used without permission and without payment of royalties or remuneration (Article 25), including:

• Making a single copy for personal scientific research or teaching purposes;
• Reasonable quotation of works without distorting the author’s intent for commentary or illustration in one’s own work;
• Quotation of works for journalism, periodicals, broadcasting, television programs, or documentaries without distorting the author’s intent;
• Quotation of works for teaching purposes in educational institutions, without commercial intent;
• Copying works for library archiving for research purposes;
• Performing theatrical works or other performing arts at cultural or propaganda events without any form of charge;
• Making audio or video recordings of performances for news reporting or teaching purposes;
• Photographing or broadcasting works of fine art, architecture, photography, or applied art displayed in public places for the purpose of introducing the image of such works;
• Converting works into Braille or other languages for the visually impaired;
• Importing copies of works for personal use.

In these cases, users must clearly indicate the author’s name and the source of the work (except where it cannot be identified), and must not affect the normal exploitation of the work or prejudice the legitimate rights and interests of the author or copyright owner.

Second, cases in which published works may be used without permission but with payment of royalties or remuneration (Article 26), mainly applicable to broadcasting organizations using works for sponsored, advertised, or revenue-generating radio and television programs. In such cases, prior permission is not required, but payment of royalties or remuneration to the copyright owner in accordance with Government regulations is mandatory, and the author’s name and source of the work must still be indicated. This provision does not apply to cinematographic works.

By clearly distinguishing these two categories, the Law on Intellectual Property establishes a reasonable balance between copyright protection and the need to use works for education, research, communication, and social life.

6. Term of copyright protection

According to Article 27 of the Law on Intellectual Property, the term of copyright protection varies depending on the type of right and the type of work. Certain moral rights—specifically, the right to name the work and the right to protect its integrity—are protected indefinitely, while other moral rights and all economic rights are protected for a definite term as prescribed by law.

Specifically, for cinematographic works, photographic works, theatrical works, and works of applied art, the term of protection for the right of publication and economic rights is 50 years from the date of first publication. For other types of works, economic rights and the right of publication are protected for the life of the author and 50 years after the author’s death.

Clear regulation of the term of protection helps establish transparent boundaries between the exclusive rights of authors and copyright owners and the public domain, thereby ensuring a balance between copyright protection and the public interest.