CHAPTER 6: MANAGING INTELLECTUAL PROPERTY

COPYRIGHT AND REMEDIES AGAINST INFRINGEMENT

1. Introduction to Copyright:
1.1. Definitions:
Copyright Definition: Copyright is a legal right to protect original works of
authorship, such as books, films, music, paintings, and software. It gives creators the
exclusive right to reproduce, distribute, perform, display, or sell their work.
1.2. Purpose of copyright:
- Ensure the creator of the work against unauthorized use of the work: such
as theft, copying, abuse of that work.
- Protect the author's rights: The right to control copying helps protect the
author's economic interests, ensuring that they benefit from their creations.
- Encourage creativity: When authors are protected, they will be motivated to
create more valuable works.
- Protect the uniqueness of the work: Preventing unauthorized copying helps
protect the uniqueness and integrity of the work.
1.3. Copyright symbol:
- © is the symbol for Copyrighted. Meaning copyright.
- This is a set of all rights for the use and ownership of a product, service or idea.
- It is strictly forbidden for any organization or individual to use any product,
service or idea without the consent of the owner.
- All these legal rights will be protected by the Management Agency.

2. Copyright Protection: Conditions and Types of Works

Covered
2.1. Conditions for Copyright Protection:
- The work must be in a tangible form
Tangible Form: To qualify for copyright protection, a creative work must be
expressed in a physical form that can be perceived, such as writing, recording, or
artwork. This means the work must be fixed in some way that allows it to be shared or
reproduced.
- Automatic nature of copyright: No need for registration or formalities
Automatic Protection: Copyright protection is granted automatically as soon as the
work is created and fixed in tangible form. There's no need for registration or other
formalities to secure this protection, although registering for the work can provide
additional legal advantages.
2.2. Types of Works Protected by Copyright:
There are nine types of works group into three main categories:
 2.2.1. Original literary, dramatic, musical, and artistic works.
Original literary work protected by copyright refers to any creative written
expression that is original and fixed in a tangible form. This includes works such as:
books, novels and short story.
Example: "Harry Potter and the Sorcerer's Stone" by J.K. Rowling.

Dramatic works protected by copyright include any works that are intended to be
performed, such as plays, screenplays, teleplays, and other works that combine
narrative with instructions for performance or action.
Example: "Hamlet" by William Shakespeare

A musical work protected by copyright includes the original composition of music,

including melodies, harmonies, rhythms, and any accompanying lyrics
Example: "Bohemian Rhapsody" by Queen
Art protected by copyright includes original creative works of visual art that are
fixed in a tangible medium of expression. This includes a wide range of artistic
creations, such as paintings, drawings, sculptures, photographs, and digital art.
Example: "Mona Lisa" by Leonardo da Vinci

2.2.2. Sound recordings, films, broadcasts, and cable programs.

A sound recording protected by copyright refers to the fixed recording of a sequence
of sounds, such as music, spoken word, or other audio performances.
Example:"Thriller" by Michael Jackson.

Films (or movies) protected by copyright include original audiovisual works that
consist of a series of images, combined with sounds (such as dialogue, music, and
sound effects), that create the illusion of motion when shown.
Example: "The Godfather" (1972)
A broadcast protected by copyright refers to the transmission of sounds, images, or
other information via radio waves, cable, satellite, or other telecommunication
systems.
Example: Broadcasting Entity VTV (Vietnam Television) – national public service
broadcaster

Cable programming is typically protected by copyright law, which grants creators

exclusive rights to their works. This includes television shows, movies,
documentaries, and other original content produced for cable networks.
Example: series "Game of Thrones,” - HBO

2.2.3. The typographical arrangement or layout of a published edition.

The typographical arrangement or layout of a published edition refers to the
specific and original way in which a text, images, and other elements are arranged on
a page or in a book. This includes the design, formatting, spacing, and overall visual
presentation of the published work.
Example: Magazine Layout

3. Rights of the Author:

Right to control reproduction of works: This right allows the author to decide
exclusively whether to make copies of his work in any form, including manual,
mechanical or electronic copying.
For example: Making copies, distributing copies, etc.
Right to control the creation of derivative works: This right allows the author to
decide whether others are allowed to use their original work to create new works.
For example: Translation, adaptation, compilation, annotation, selection, modification,
transformation
Right to control the distribution of works: This right allows the author to decide
exclusively whether to make his work available to the public.
For example: Sale, rental, free distribution, import.
Right to control the performance of works to the public: is the exclusive right of the
author or the person authorized by the author, allowing them to decide whether to
perform their work to the public.
Examples: Musical performances, stage performances, film screenings, program
broadcasting.

4. Copyright Infringement and Legal Consequences:

4.1. Definition of copyright infringement:
Copyright infringement occurs when any of the above exclusive rights are exercised
by someone other than the copyright owner without permission and without falling
under a valid exception (such as fair use or fair dealing).
4.2. Legal consequences:
Civil Lawsuits: Civil lawsuits are a common legal avenue for copyright
owners to seek redress and compensation for copyright
infringement.
Injunctions:Courts can issue orders to stop further infringement, requiring the
infringer to cease using the copyrighted material.
Legal Fees:The losing party may be required to pay the legal fees of the winning
party, which can be substantial.
Criminal Penalties:In cases of willful infringement for commercial gain, criminal
charges may be brought, leading to fines or imprisonment.
Seizure and Destruction of Infringing Materials:Courts may order the seizure and
destruction of infringing copies or materials.
Market Injuries:Infringement can disrupt the market for the original work, affecting
sales and licensing opportunities for the copyright holder.
4.3. Duration of copyright:
Individual Works:
+ In the U.S., copyright typically lasts for the life of the author plus 70 years.
+ For works created by multiple authors, it lasts for 70 years after the death of the
last surviving author.
Works for Hire: For works created as part of employment or commissioned works,
copyright lasts for 95 years from publication or 120 years from creation, whichever
comes first.
Anonymous or Pseudonymous Works: These also have a duration of 95 years from
publication or 120 years from creation.
Public Domain: Once copyright expires, the work enters the public domain and can
be used freely by anyone.

5. Remedies Against Copyright Infringement:

Damages: The copyright owner can sue in court to get compensation for any financial
loss caused by the infringement. The amount is based on the actual harm suffered.
Injunction: An injunction is an order of the court that prohibits a person making
infringing copies of a work of copyright.
Accounts: This allows the copyright owner to claim the profits the infringer made
from using their work. It can sometimes lead to higher compensation than regular
damages.

A famous copyright infringement case in Vietnam is the dispute between author Lê

Linh and Phan Thị Company over the comic book "Thần đồng đất Việt."
+ Background: Lê Linh, the author of "Thần đồng đất Việt" (launched in 2002),
sued Phan Thị Company and Mrs. Phan Thị Mỹ Hạnh for unilaterally
exploiting and creating new volumes of the comic without his consent. They
also did not acknowledge him as the creator of the main characters in the
comic.
+ Legal Action: In 2006, Lê Linh filed a lawsuit requesting the court to
recognize him as the sole author of the main characters and to claim his rights.
+ Outcome: In 2019, the court ruled that Lê Linh was the sole author of the
main characters in the comic. Phan Thị Company and Mrs. Hạnh were required
to cease the unauthorized use of these characters and to compensate for
damages.
Case summary and its outcome:
In 2006, Le Linh, author of the comic series Than Dong Dat Viet, sued Phan Thi
Company and Ms. Phan Thi My Hanh for using his characters without permission and
without acknowledging him as the author. After years of legal action, the court ruled
in 2019 that Le Linh was the sole author of the main characters. Phan Thi Company
and Ms. Hanh were ordered to cease the unauthorized use and pay damages.
6. Extension: The Importance of Copyright in the Digital
Age:
In the digital age, copying, sharing and distributing digital content has become
easier than ever, causing many difficulties in protecting the intellectual property rights
of authors. Digital works such as music, movies and digital documents are often easily
copied and distributed without the consent of the original author. Especially on social
networking platforms and websites used to share digital products such as YouTube,
they are often more susceptible to copyright infringement, and it is more difficult to
determine what is original content. Therefore, to protect the rights of authors, the
application of technology must go hand in hand with law enforcement.
Nowadays, in addition to using the law to protect their digital publications,
content moderation tools such as YouTube's Content ID can also support content
creators to protect their works. In addition, blockchain is also one of the tools used to
store and confirm ownership of digital works. Or watermarking software or data
encryption also helps record ownership and identify when digital content is copied or
edited without the author's permission.

7. Conclusion:
Copyright not only protects the economic interests of authors, but it also helps
encourage innovation and creativity when authors can confidently publish the fruits of
their labor. Copyright protection helps authors feel secure in continuing to invest in
research and development of new products and ideas, while ensuring that they receive
recognition and appropriate compensation for their efforts.
To protect their rights in the digital environment, authors must clearly
understand their rights. This helps them feel more secure when publishing or sharing
their products. In addition, to limit copyright infringement, we must also promote and
educate people to raise copyright awareness. These actions will contribute to creating
a fair and healthy digital environment, creating peace of mind for authors when
publishing their products and innovative ideas in the future.