QUESTIONS FOR DISCUSSION (GROUP 1)

1.1. Are copyrights the rights of authors? (Quyền tác giả có phải là quyền của tác giả không?)
 Maybe. It depends on whether the author has transfered the Copyright or not

1.2. Donoghue v. Allied Newspaper Ltd.

A popular jockey, Donoghue, was interviewed over a period of time by a journalist
(Felstead). News of the World published a number of articles written by the journalist based on these
interviews. The articles had titles such as “Steve Donoghue’s Racing Secrets”, “Enthralling Stories
of the King of Sports” and “My Greatest Derby”. Some of the articles were in the form of dialogues
with Donoghue. Donoghue had been paid for these interviews but subsequently the information in
the articles was updated and a further article appeared in another newspaper under the title “My
Racing Secrets. By Steve Donoghue”. Donoghue sought to prevent further circulation of the
articles.

 Dono paid for disclosure of secrets. Secrets = ideas, ways how to do think. Journalist of secrets =
expression of ideas. Dono = provider of ideas, journalist = provider of ideas, express the ideas into
expression.
 Case of idea/ expression dichtonomy
 all of ideas
 the copyright belongs to the one who clothed the ideas into form (tác giả là người dệt các ý tưởng
thành hình hài thông qua việc sắp xếp, lựa chọn các từ ngữ)
 QUESTIONS FOR DISCUSSION (GROUP 2)

2.1. Can a smell be protected under copyright?

Basically, anything can qualify for protection as long as it is perceptible and original. The smell
may fulfil these requirements, even if only perceptible through the nose.

Formula of the perfume can be protected under patents or better way is trade secrets (protect the
myth, the legend behind it)  out of the scope of copyright
A smell can be an expression of idea  can be protected under copyright. (2 criteria: original and
fixation). The way to “fix” the smell is to put it into word or description.

2.2. West HCMC Telephone Co. has published a “white pages” telephone directory (include only
names, addresses and tel. numbers, there’s no advertisement). FAHASA Publisher reprinted the
directory for sale without authorization of West HCMC Telephone Co.

Did FAHASA infringe copyrights of West HCMC Telephone Co.?

What are included in the directory are Facts which are not man-made  therefore not
copyrightable. The arrangements in the directory are alphabetical and lack of creativity.
 Because they lack selection or arrangement or the arrangement is too commonplace or
mechanical to be original.
 the challenege for copyright law is to continue to reward originiality, but not at the
expense of protecting purely factual material and inhibiting the development of further
technological innovations.
 QUESTIONS FOR DISCUSSION (GROUP 3)

Domain names are not protected by copyright. However, a domain name may be protected by trade
mark law if it is a reflection of a registered trade mark.

3.1. Can emails and internet material be protected under copyright? Why?
- They are man-made  creation of human
- the emails nd internet are fixed in electronic form  meet the fixation criteria
- Emails and internet material must be original
The fact that they are available and free to access and download can still be protected if they are
original.

3.2. On their flights, Vietnam Airlines-VNA played music, including Vietnamese songs/music, for
their customers.
• On October 20, 2005 Vietnam Airlines (VNA) received official word from the Centre for
Protection of Music Copyright asking it to pay a fee when it uses music products for
business.
• The airline disagreed with the requirement, reasoning that it has already paid for a license to
use the material via VCD and CD purchase.

What do you think?

- Ownership of the VCD and CD only provided for private use not exploit the work
 constitue communication to the publics via loud speakers (wireless means)
 same apply for lobby in the hotel, coffee shop
- Publics: Anyone outside of the family circle, closest acquaintance,
- Passengers are changing overtime --> public
 QUESTION FOR DISCUSSION (GROUP 4)

4.1. Can short combinations of words be copyrighted?  Slogans can be protected under
trademarks
E.g.:
- Company’s names like SONY, EXXON
- Slogans like “It's the real thing.“ (Coca-Cola), "The Power to Be Your Best." (Apple), "OMO-
chuyên gia giặt tẩy vết bẩn“ (Unilever)
Khuyến khích quyền tự do ngôn luận, tự do sáng tạo của con nugoiwf. Freedom of speech and
expression.

  Words and short phrases, such as names, titles, and slogans are generally not protected, even if
they are original or distinctive.

- First, copyright will not protect an idea, only the original expression of an idea can be
copyrighted. Short phrases are typically expressed in a limited number of ways and they’re not
the product of an enough creativity. Therefore, they are not subject to copyright protection.
- Second, phrases are considered as common idioms of the English language and are therefore
free to all. Granting the copyright will destroy the purpose of encouraging creativity.

4.2. Please discuss:

A. In order to read an internet material, you have to make a transient copy of the material in the
computer’s (RAM). Can this action constitute copyright infringement?
(Normally, copyright works may not be copied without permission (even into computer RAM
memory).
 This action would not constitute copyright infringement. If a transient copy of the material
is made in the computer’s (RAM) and such copying is technically required for the viewing of
the work in an INTERNET browser, it would not be an infringement.  exception 
allow ppl fully enjoy the internet without any legal concerns

 Chilling effect  stop ppl from enjoying the internet

B. You bought a book at the book exhibition with the author’s signature in the first page.
Afterwards, is it a copyright infringement if:
+ you give it to a friend: Yes because u have ownership of the book  physical thing  the
right to dispose
+ you sell it to a book store: You’re the owner of the book but selling it is an act of
distribution but it should not be prevented  consequences: no freedom of trade. impose
limitation on distribution right to promote freedom of trade  How? First-sale doctrine(học thuyết
lần bán thứ nhất/học thuyết hết quyền): the right of distribution gonna exhaust (hết quyền) after
the first sale  the first time the goods/the copies have been LEGALLY put on the market. Mua
sách laaju r bán  có quyền cấm. Mua sách qua nxb r bán lại  ko có quyền cấm  quyền sẽ hết
sau lần đầu tiên các bản sao được đưa ra thị trường một cách hợp pháp
+ you rent it out: article 25 IP law vn  rental rights applied to what kinds of works? Quyền
kiểm soát việc cho thuê áp dụng cho dạng tác phẩm nào
+ you write another book based on it: it depends because if u borrowed the ideas is ok. But if
you borrowed the expressions  not ok
 QUESTIONS FOR DISCUSSION (GROUP 5)

5.1. Can song titles be copyrighted?

 Works like songs, books, and movies are creative expressions protected by copyright law.
To gain copyright protection, the work must contain a certain amount of original expression beyond
a thought, idea or concept. U.S. copyright law considers “names, titles, and short phrases” to possess
an “insufficient amount of authorship or creativity.” That means song titles aren’t long enough to
enjoy the protection of a copyright. You often see songs with the same titles and that’s because song
titles can’t be copyrighted

5.2. ABC Software, Inc. (ABC), a U.S. company, assigns Tim Smith, one of its junior programmers,
to work on a program to assist real estate investors with managing their investment properties. Tim
develops the software product virtually on his own, with no assistance from others in the company.
Once completed, the product is an unexpected success, and the company realizes tens of millions of
dollars in revenue from it. Nonetheless, Tim's only reward for his work, in addition to his regular
salary, is a $500 end-of-year bonus.
Tim is bitter and sues ABC, claiming the copyright in the software is owned by him because he
created it?

 Tim will lose this case because he made the software while working for ABC as an
employee. And that is his responsibility as a programmer to develop the program for the company.
As a result, ABC automatically owns the software's copyright. This casemight have had a very
different outcome if Tim had been an indepent programmer. Unless Tim signed a contract which he
aggreed to transfer the ownership of the copyright to ABC, he would have been the owner of the
copyright. Or if Tim had been working for ABC for another position rather than a computer
programmer, the development of that software would most certainly have been regarded as beyond
the scope of Tim's duties. Therefore, the copyright would belong to Tim.
QUESTIONS FOR DISCUSSION (GROUP 6)

6.1. Can compilations (các tuyển tập) be protected?

Originality creative selective arrangement of the work
Collection of copyrighted work  derivatives works 
Too mechanical or common base

 if there is a creative arrangement -> copyrighted

 tác phẩm phái sinh, để đc copyrighted as a tp phái sinh -> có sự cho phép của tác giả, đảm bảo
tính nguyên gốc

6.2. “Chat with Mozart” is a collection of songs whose words were written by musician Duong
Thu and whose music is based on pieces of classical music composed by Mozart, J.S. Bach,
Tchaikovsky, Borodin, Elgar, Schumann, Vivaldi, Gounod, Saint-Saens.
The singers of these songs are My Linh and the band, The Brothers.
“Chat with Mozart” was released in December 2005.
In November 2006, law scholar Cu Huy Ha Vu sent letters to the Hanoi Department of
Culture and Information and Tien Phong newspaper to request that the authors and producers
of “Chat with Mozart” be disciplined for infringing copyrights.
Do you think that it is the case?

Whose economic right is expired therefore there are no concerns on economic rights infringement
Changed it but the creation of such derivative work cause no damage on the honoru and prestige 
integrity right is not infringed.
Donot infringe any economic rights

- The economics right is expired (>50 years)

- Moral rights
 Paternity: no prob
 Integrity: the ri1ght to prevent modificstion, distortion any way that damage the honor
 they just by adding  would not constitute infringement  do not damage

According to VN’s IP law, Copyrights include the preservation of the whole work of art, prohibiting
others from modifying, cutting or distorting works in any manner which damages the honour and
prestige of authors and such rights are protected without any time limit.

They try to popularize, the lyrics are well written. The songs by my linh are considered as derivative
works.
 QUESTIONS FOR DISCUSSION (GROUP 7)

7.1. Why computer programs are protected as literary works?

 Set of instruction given to the computer to function in a form of codes by using programming
language (pythons, syntax,…)  basically they are languages  literary works


7.2.
To celebrate the 1000-year anniversary of Thang Long - Hanoi, people’s Đặng Thái Sơn performed
Concerto No. 1 by Chopin at Hanoi Opera house.
Someone in the audience makes a bootleg recording of Đặng Thái Sơn’s performance and sells it to a
record company other than Ho Guom Audio Company, with whom Đặng Thái Sơn has a recording
contract.
The recording of Ho Guom Audio Co. is not copied or dealt with, the bootleg recording is an entirely
separate and independent recording.
Both Đặng Thái Sơn as the performer and Ho Guom Audio Co. as the recording company are
unhappy with this sequence of events.

Discuss the copyright/related rights aspects of these facts.

- Copyright:
o economic expired (>50 years) 
o Moral: quote the name author, nodisstrtion, no damage to the honorr
- Related rights:
o DTS is the performer  right over the performance
 Prevent ppl from broadcasting,
 Reproducing illegal fixation (nếu khán giả livestream  infringe the
broadcasting)
 Reproduction of a fixation of their performance (fixation: ghi âm và ghi
hình)

o Audience infringe fixation right  bc he/she has recorded an “unfixed”

performance
o X company  bought the company  infringe reproduction rights part of
exclusive right belong to the performer  made illegal copies  recording has
been made without consent, permission
o HG audio  Phonogram producer rights  cannot stop company X  they can
only have the control over their own phonogram, recordings  they only copied
the bootleg audio not the legal phonogram produced by HG audio
 QUESTIONS FOR DISCUSSION (GROUP 8)

8.1. Can works that are out-of-print or no longer available for sale be
copyrighted?
 Yes because the fact that they are out-of-print or no longer available for sale
is irrelevant.

8.2.
• FTU signed a contract with G-Brand Co. to change its new logo. Who own
the copyright over the new logo?
 The copyright over the new logo should belong to FTU  because we
have signed the contract, FTU are the one who initiate the production of the
logo; and provided finance/paid for the creation

• In whom did the copyright in the research papers vest – the students or the
advisor/professor?
 belongs to the students bc the student is the author who wrote and clothed
the idea into form.
 For the advisor/professor, they are information provider, giving advice.

• In whom did the copyright in the examination papers vest - the examiners
or the university?
 FTU provided lists of suggested topics, the advisors, acess to the library,
other facilities  They are service suppliers.
 QUESTIONS FOR DISCUSSION (GROUP 9)

9.1. Can photos captured by surveillance cameras in shops be protected under

copyrights?

NO. Images, photos are captured automatically by the surveillance cameras ->
they are said to be machine-made not man-made

9.2. Discuss the possible copyright issues relating to the Game “Flappy Bird”
 QUESTIONS FOR DISCUSSION (GROUP 10)

10.1. Vn Express has a section on “Những bài văn bất hủ của học trò”. Should
they respect copyrights over those?
Yes, regardless of the quality provided that they are original.

10.2. Discuss copyright and/or related right issues in the case where Ngan Ha
sang the song “”Nơi ấy bình yên”, which is a “ca khúc độc quyền” of Thảo
Trang in Vietnam Idol. 