More exceptions where copyrights are not infringed

The Law No. 07/2022/QH15 amending and supplementing a number of articles of the Law on Intellectual Property is promulgated by the National Assembly on June 16, 2022.

Accordingly, to add cases of use of published works where permission and payment of royalties are not required, but information about the authors’ name and the work origin is required such as: Duplication of works by authors for scientific research or teaching purposes and for non-commercial purposes (this provision does not apply in the case of duplication by copying devices); Reasonable duplication of a part of works by copying devices for scientific research or teaching purposes and for non-commercial purposes; Reasonable use of works for illustration in lectures, publications, performances, phonograms, video recordings, broadcasts for teaching purposes; etc.

Remarkably, additional regulations on authors and co-authors shall be as follows: An author is a person who directly creates a work. Where two or more people directly co-create a work with the intention that their contributions are combined into a complete whole, those persons are co-authors. A person who supports, gives suggestions or provides materials for another person to create a work is not the author or co-author.

The exercise of moral rights and economic rights for a work with co-authors must be agreed upon by the co-authors, unless the work has a separate part that can be separated for independent use without prejudice to the work of other co-authors or otherwise provided by other laws.

This Law takes effect on January 01, 2023.

Source: LuatVietnam