1/22/2022

Session 3: Related Rights

TAO MINH HUNG

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Warm-up

 Tien Quan Ca is Vietnam’s national anthem.

 Van Cao’s heirs expressly gave away all
copyright subsisting in this song to the public
 A sports federation downloads a recording of Tien
Quan Ca from the internet and plays it in all sports
events they organize.

© 2022. Minh Hung Tao. All rights reserved.

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IP species

Patents and Utility Solutions Register

Industrial Designs Register

COPYRIGHT & RELATED RIGHTS Trademarks Register

Trade Names
IP INDUSTRIAL PROPERTY RIGHTS
Trade Secrets

PLANT VARIETY RIGHTS Geographical Indications (GIs) Register

Register Register
Layout-Designs of Integrated Circuits

Rights against Unfair Competition

© 2022. Minh Hung Tao. All rights reserved.

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Fundamental legal instruments

 Rome Convention & TRIPS

 IP Law
 Decree 22/2018/ND-CP

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Characteristics of related rights

 Automatically protected - Registration is not required.

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Performer’s Rights

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Who are relevant performers?

 Actors, singers, musicians, dancers, and other persons who perform

literary or artistic works.
 Owner of performance?

© 2022. Minh Hung Tao. All rights reserved.

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Performer’s rights

MORAL RIGHTS ECONOMIC RIGHTS

(inalienable) (alienable)
 Attribution  Fixation
 Integrity  Reproduction of a fixation of the
performance
 Broadcast/communication to the
public
 Distribution of originals/copies

© 2022. Minh Hung Tao. All rights reserved.

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Question

 I watch Son Tung MTP performing the song “Lac Troi” in his
respective MV.
 I mimic his performance, record it, and post to my TikTok.
 Which performer’s rights might I infringe upon?

© 2022. Minh Hung Tao. All rights reserved.

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Rights of Producers
of Phonograms/
Films

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Who are producers of
phonograms/films?

 Person who first fixes the sounds/images of a performance or other

sounds/images.

© 2022. Minh Hung Tao. All rights reserved.

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Rights of producers of phonograms/films

MORAL RIGHTS ECONOMIC RIGHTS

(inalienable) (alienable)
 N/A  Reproduction
 Distribution of originals/copies

© 2022. Minh Hung Tao. All rights reserved.

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Broadcasting
Organization’s
Rights

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Who are relevant broadcasting
organizations?

 Organizations initiating and conducting the broadcast

 Broadcast: transmit sounds or images or both of works, performances,
audio recordings (phonograms), films, and broadcasting programs to the
public

© 2022. Minh Hung Tao. All rights reserved.

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Broadcasting organization’s rights

MORAL RIGHTS ECONOMIC RIGHTS

(inalienable) (alienable)
 N/A  Broadcast/re-broadcast
 Communication to the public
 Fixation
 Reproduction

© 2022. Minh Hung Tao. All rights reserved.

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Question

 Is it correct to say “related rights” are always related to copyrightable

works?
• Phonogram of a bird singing
• A broadcast program of a football match

 Hoa Minzy sang “Ngay Chua Giong Bao” composed by Phan Manh
Quynh. I managed to obtain license from Hoa Minzy’s producer to use the
respective phonogram.

© 2022. Minh Hung Tao. All rights reserved.

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Terms of Related HOW LONG?

Rights Protection

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How long related rights are protected?

 Performer’s Rights: 50 years computed from the end of the year of fixation
 Rights of Producers: 50 years computed from the end of the year of
publication or, failing that, fixation.
 Broadcast Organization’s Rights: 50 years computed from the end of the
year of broadcast
 Expire at 24.00 of December 31 of the expiration year

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Related Rights
Infringement

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Acts of infringement

 Infringe moral rights

 Infringe exclusive economic rights
 Additional:
• Circumvent technology protection measures (TPMs)
• Manufacture or trade in TPMs-circumventing devices
• Delete or revise Right Management Information (RMI)
• Knowingly broadcast, distribute or import to distribute performances or copies of
fixations of performance with e-RMI deleted/revised unauthorizedly
• Deal with devices to illegally decode encrypted satellite signals
• Deliberately receiving or relaying encrypted satellite signals decoded unauthorizedly

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Exceptions and limitations

 Three-step test (Art. 15 Rome Convention indirectly refers to Art. 9

Berne Convention)
• Certain special cases
• Not conflict with normal exploitation
• No prejudice to legitimate rights of the rights holders

 The two last steps are complicated

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Question

 You run a large chain of fashion shops and you wish to play numerous V-
pop hits (composed by numerous song writers and performed by
numerous singers) inside your shops. What should you need to do?

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Collective
Management ONE-STOP SHOP OF
COPYRIGHT AND RELATED
Organizations RIGHTS

(CMOs)

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CMOs’ characteristics

 Non-profit
 Founded by authors and copyrights/related rights holders
 Role:
• Manage rights
• Negotiate for license
• Allocate royalties
• Protect members’ rights & interests
 Operate upon right holders’ license/authorization

© 2022. Minh Hung Tao. All rights reserved.

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CMOs in Vietnam

 Vietnam Center for Protection of Music Copyright (VCPMC)

 Recording Industry Association of Vietnam (RIAV)
 Vietnam Literary Copyright Center (VLCC)
 Vietnam Reproduction Rights Organization (VIETRRO)

© 2022. Minh Hung Tao. All rights reserved.

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Key takeaways

 Who are relevant (i) performers; (ii) producers of

phonograms/films; (iii) broadcasting
organizations?
 The custom of the entertainment industry blurs
such separation.
 “No hierarchy” principle
 CMOs are significantly important to reduce
transaction costs.

© 2022. Minh Hung Tao. All rights reserved.

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Questions

 Infringe?
 Who infringes?

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Questions

 My friend and I go out to enjoy photography. We take turn to take photo

of Hoan Kiem lake at the same angle/perspective => we produce two
identical photos. Infringement?

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Questions

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Preparatory readings for next session

 WIPO Handbook: 2.1 – 2.161

 Elon Musk Doesn’t Care About Patents. Should You? – Harvard Business
Review

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