INTELLECTUAL PROPERTY

LAW
COPYRIGHT
 • Definition
• Types of copyright
• Economic rights and moral rights
Content • Ownership of copyright
• Duration of copyright
• Infringement and Enforcement

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 What is copyright?
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1. The basic concepts and
rules regarding
• Copyright (or author’s right) is a
copyright. legal term used to describe the
rights that creators have over their
literary and artistic works. Works
covered by copyright range from
books, music, paintings, sculpture,
and films, to computer programs,
databases, advertisements, maps,
and technical drawings. (WIPO)

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1. The basic concepts and Copyright is a right to prevent a work
rules regarding being copied without the copyright
copyright. owner’s consent. Copyright also
protects against a work being issued to
the public, performed, shown or
played in the public, broadcast or
adapted. (Essential Law for
Marketers, ArDi Kolah, p. 104)

=> WHAT ARE TYPES COPYRIGHT

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1. The basic concepts and General rules
rules regarding • Copyright law of a country grants
authors, composers, software writers,
copyright. website designers, and other creators’
legal protection for their literary and
artistic creations
• Copyright law gives the author of a
work a bundle of exclusive rights over
his work for a limited period of time.
These rights enable him to control the
use of his work in a number of ways
and to receive remuneration.

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1. The basic concepts and General rules
rules regarding • Copyright law also provides "moral
rights" which protect an author's
copyright. reputation and integrity

• Copyright associate with every literary,

dramatic, musical or artistic work, to
sound recordings, films, broadcasts and
cable programmes.

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1. The basic concepts and General rules
rules regarding • Copyright come into effect
automatically, right at the time the
copyright. works finish.
• There is no need to register it or take
any action
• International cooperation is essential in
this age of the Internet and rapidly
expanding use and misuse of digital
copyright material

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 2. Type of copyright
What is protected by copyright?
• Literary copyright
• Copyright in sound recordings and films
• Broadcasts and cable programmes
• Other copyright

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http://fpt.edu.vn
What is NOT protected by copyright?​

• Expired copyrights
• Facts/nonfiction
2. Type of •
•
News and history
Ideas

copyright •
•
Scènes à faire
Fair use of copyrighted works.

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 2. Type of copyright (cont.d)

What is NOT protected by copyright?

• Useful articles: such as bathroom sinks, clothing or computer monitors
(however, the design of a useful article may be protected as an industrial
design, or the object contains pictorial, graphic or sculptural features that can
be "identified separately from the utilitarian aspects" of the article.

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 2. Type of copyright (cont.d)

What is NOT protected by copyright?

• Names, titles, slogans and other short phrases. Single words, names,
titles, slogans, headlines and other short phrases are generally excluded
from copyright protection. But some countries allow protection if they are
highly creative. Logos, on the contrary, may be protected under copyright
as artistic works (as well as by trademark law, if the requirements for such
protection are fulfilled).

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 2. Type of copyright (cont.d)

What is NOT protected by copyright?

• Official government works. Official government works such as copies of
statutes or judicial opinions also have no copyright protection in some
countries.

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 Discussion: What is protected by copyright?
• A traditional song
• A photo you took for your friend
• A short video on cooking
• News
2. Type of • The composition of dance movements
copyright and patterns
• Legal documents
• Information about pandemic
• Design calendars
• Video games

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 2. Type of copyright (cont.d)
Copyright & Graphic Works
• Artistic works: works of drawing, painting, architecture, sculpture,
engraving and lithography; photographic works to which are assimilated
works expressed by a process analogous to photography; works of applied
art; illustrations, maps, plans, sketches and three-dimensional works
relative to geography, topography, architecture or science (Article 2(1) of
Berne Convention)
• Copyrightable graphic works are protected by artistic copyright.

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 2. Type of copyright (cont.d)
Copyright & Multimedia Works
• Literary work: a report or a specification, a handbook or even a business
letter, a data base, a spoken word, computer programs, …a literary work is
‘any work . . . which is written, spoken or sung’, so any string of words
qualifies as a literary work
• Sound recordings and films: All recordings of sound whether of music, the
spoken word or other types of noise, such as a bird song, and any type of
image on film

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 2. Type of copyright (cont.d)

Copyright & Multimedia Works

• Broadcasts and cable programmes: When sounds or pictures are relayed to
the public, whether by broadcasts or by cable services, there are additional
copyrights, also called related to copyright or related right
• Copyrightable multimedia works are protected by many types of copyright.

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 2. Type of copyright (cont.d)

Other types of copyright

• Copyright in paintings and sculptures.
• Copyright in databases and compilations
• Copyright in computer programs

• …..

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 What are the conditions to be protected by
copyright?

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 3. Copyrightability

• Conditions to be protected by copyright

1) Expression v. idea: Copyright protection shall extend to expressions
and not to ideas, procedures, methods of operation or mathematical
concepts as such (Article 9(2) of TRIPs)
2) Original work

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 Example for copyrightability
1. Designers Guild Ltd v. Russell
Williams (Textiles) Ltd [2000] 1 W.L.R.
2416 (U.K.: House of Lords):
• Facts: An original design for a dress
3.
fabric: vertical stripes, with flowers and
Copyrightability leaves scattered between the stripes, all
painted in an impressionistic style.
• Is it an idea or expression?
Link:
Designer Guild Limited v. Russell William
s (Textiles) Limited (Trading As Washingt
on Dc) | [2001] FSR 113 | United Kingdom
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House
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of Lords | Judgment | Law | CaseM21
ine
 Example for copyrightability
2. Ladbroke (Football) Ltd v. William
Hill (Football) Ltd [1964] 1 W.L.R. 273
(U.K.: House of Lords):
• Facts: The plaintiff devised a popular
3. football betting coupon. The defendant
Copyrightability copied the format and bets from this
coupon, but gave some bets new names
and worked out the odds independently.
• Was the plaintiff’s work original?

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 4. Duration of copyright

• Berne Convention UK law

Copyright lasts for life plus

Copyright lasts for life and further 70 years after the
further 50 years after the author’s death.
For copyright works
author’s death generated before January
1996, the duration is life
plus 50 years.
Computer-generated
copyright: 50 years from the
end of the year in which the
copyright work was created.

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 Moral rights: perpetual
Duration of (except the right to publish
Copyright the work)
under
Vietnamese Economic rights and the
right to publish the work:
IP Law life of author + 50 years
after author’s death
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 4. Duration of Copyright

Other copyright duration

- In the case of a database, the right lasts for 15 years from the end of the
year the database was created or made accessible to the public
- Copyright in sound recordings or films lasts for 50 years from the year the
film or record was made or, if it is released to the public, 50 years from its
release.
- Copyright in a broadcast or cable programme lasts for 50 years from its
first transmission

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 5. Ownership of Copyright
Copyright Owner
• Author
A person who actually creates a If the author is not an
work employee, he is
automatically the copyright
owner.
Where the artistic work is
made by an employee in
the course of
employment, the employer
is the copyright owner.

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 Kenrick & Co. v. Lawrence & Co. (1890) 25
Q.B.D. 99 (U.K.: High Court:

• A person had the idea of creating a voting card for

illiterates, by drawing a hand holding a pen
making a cross in a box. Not himself being able to
draw, he asked an artist employed by his firm to
make such a drawing. The employer clearly had
Ownership of the right to decide whether to adopt the finished
Copyright product or to throw it away. Nevertheless, when
the employer, claiming to be the sole author of
the work, sued a third party for copyright
infringement, the court dismissed the action
because it could not accept his claim to sole
authorship.
• Do you agree with the court’s decision?

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 Ownership of Copyright

Group discussion
• The play “Ngày xưa” is invested by Tuan Chau Group and
created by Director Việt Tú. Due to the disagreement
between investor and director, the contract between them
was broken. The director claims his ownership of
copyright of “Ngày xưa”. The investor hired other director,
based on ideas of “Ngày xưa”, to develop another play
“Tinh hoa Bắc Bộ”.

• Who is copyright owner of “Ngày xưa” and “Tinh hoa Bắc

Bộ”? And who violate these rights?

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 5. Ownership of Copyright
Case study
R Griggs Group Ltd & Ors v Evans & Ors, Court of Appeal - Civil
Division, January 25, 2005, [2005] EWCA Civ 11:
The claimants commissioned an advertising agency to produce the combined
logo for them and paid for the commission. The drawing for the combined
logo was in fact done by the first defendant who, at that time, was working for
the advertising agency on a freelance basis. The terms on which he worked
for the agency were that he was to be paid a standard rate of £15 per hour, it
being recognised that on occasions some work might need to be charged at a
higher rate and some at a lower rate.
Who owns the combined logo?

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 Summary

- Copyright extends to the expression of works, not to ideas;

- There are many types of copyright with different milestones in protection;
- Only the owner can benefit from the protection of IP law for copyright.

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 3. Economic and moral rights

Economic rights Moral rights

• Reproduction right
• Translation right • Paternity right
• Integrity right
• Adaptation right
• False attribution right
• Public performance right • Privacy right
• Public communication right

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3. Economic and moral rights under Vietnam’s IP Law
Economic rights Moral rights
• Right to make copies • Right to give titles to
• Right to make derivative works
works • Right to attribution
• Right to publish the
• Right to distribute or
work
import
• Right to protect the
• Public performance right integrity of the work
• Public communication right
• Right to lease

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 3. Economic and moral rights

• Group discussion

Mr. Lê Linh was employed by Phan Thi Company. He created the

famous comic “Thần đồng đất Việt”. After that, the employment
contract was terminated and Phan Thi hired other persons to develop
this comic. Mr. Lê Linh claimed his moral right. The director of Phan Thi
claimed her right as co-author of this comic. Who has economic rights
and who has moral rights?

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 3. Economic and moral rights

Group discussion

The plaintiff, a cartoonist, drew some large dinosaur cartoons in black

and white for the defendant museum to exhibit. The museum, without
the plaintiff’s authority, published a book on dinosaurs, including
reproductions of the plaintiff’s cartoons, a seventh the size of the
originals and with a pink and yellow background. The plaintiff’s
authorship was acknowledged but the plaintiff sued for both breach of
his copyright and his moral right of integrity. The defendants admitted
the breach of copyright, but disputed the moral rights breach.

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 6. Infringement and Enforcement
Primary infringement Secondary infringement
(infringement by copying) (infringement by trading
Copying without the copyright - Deal with the infringing copies
owner’s permission commercially;
- Copying entire copyright work - Know or have reason to know that
- Copying in a different medium the copies taken without
- Copying a substantial part of a permission
copyright work
- Copying by adaption
- Public use; and so on

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 • Civil remedies:
6. Infringement
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1) Provisional measures
and 2) Injunction
Enforcement 3) Delivery-up
4) Compensatory damages
5) Punitive damages; and
6) Account of profits

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 • Civil remedies under Vietnamese IP
law:
6.
1) Provisional measures
Infringement
2) Injunction
and 3) Compensatory damages (no punitive
Enforcement damages)

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 6. Infringement and Enforcement

Taylor Corporation v. Four Seasons Greetings, LLC, No. 04-1088 (4th Cir.
2004):
Facts: While employed by Four Seasons, Stockmal, Shelton, and Brunettin
(the ex-employees of Creative Card which purchased by Taylor) created six
card designs Taylor contends are similar to six card designs the artists
previously created for Creative Card. Taylor sued Four Seasons for
infringement of copyright in six card design.
What is your opinion on this issue?

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http://fpt.edu.vn

Inc. v. Boutique Elfe Inc. (1991) 43 C.P.R.

(3d) 416 (Canada: Court of Quebec):
Facts: A firm asked an artist to copy a
Christmas card titled “Un Noël de Rêve” that
the firm’s manager bought from a retail store.
The firm had 1,300 of the copied cards
Infringement and printed for $C 165 and sent them out for
New Year to its customers. The plaintiff
Enforcement claimed the full retail price of 1300 cards as
damages, over $C 2,000. The defendant
offered $C 500, being what the plaintiff had
charged a third party for a licence to
reproduce, for publicity purposes, another
similar card (“Toutes voiles au vent”) by the
same artist.

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 Discussion

• CASE STUDY: " Ganh me” Truong Minh Nhat – Quach Beem

• Which is the infringement in the case " Ganh me" dispute? Whom
will Dam Vinh Hung work with?

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 Infringement and Enforcement

Criminal liability Administrative sanctions

10 years imprisonment; and/or For example, suspension of release
Unlimited fine by custom authorities (for
importation of goods)

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 Individual Assignment

• case study (present buổi 6): video, infographics, hình

ảnh, bài báo đăng trên FB Group về Sở hữu trí tuệ

Nộp bài lên group fb (chung tay bảo hộ quyền

SHTT): 2/10/22

• Oral test (buổi 7): câu hỏi

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 GROUP ASSIGNMENT

• case study (present buổi 6): video, infographics, hình

ảnh, bài báo đăng trên FB Group về Sở hữu trí tuệ

Nộp bài lên group fb (chung tay bảo hộ quyền

SHTT): 2/10/22

• Oral test (buổi 7): câu hỏi

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 Exception to copyright infringement: Fair dealing

1) General business
6. 2) Public events
3) Time shifting
Infringement
4) Education
and 5) Technical Abstracts
Enforcement 6) IEE Papers

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 • Exceptions to copyright infringement
under Art. 25 of Vietnamese IP Law:
An exhaustive list of free use +
6. certain conditions:
• Only applied to published works
Infringement • Free use of the work must not be
and prejudicial to the normal exploitation of the
Enforcement work, and must not affect rights of the
authors and copyright owners
• Users must give attribution to the work

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 1. Applying copyright law in the creative
content industry: What you can take from
others?
2. Apply copyright law in the creative
content industry: Copyright clearance
(When you need permission to use
preexisting material?)
GROUP DICUSSION
• Case study: In the famous TV series
“Quynh Bup Be”, the leading female
character (Quynh) sings the song “Nhat
ky cua me”. The author of the song
claimed that VTV Film producers infringed
on his copyright to the song. What do
you think?

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 The protection of copyright

Review Content of economic and

moral right
on
Ownership of copyright
Copyright
Infringement and
Enforcement
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 REVIEW
1. What is copyright?
2. What does copyright protect?
3. What are types of copyright?
4. What are sources of IPR law in the world?
5. Who is the copyright's owner all over the world?
6. Who is the copyright's author?
7. Which right does copyright protect?
8. What's "idea thief"?
9. Is an "idea thief" "an infringement in copyright"?
10. What you can take from others?
11. What others can take from you?
12. Is "fair dealing" regulated the same all over the world?
13. Which legal liabilities the copyright's owner can ask in each infringement in session 6?

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 DISCUSSION

• What should you do in case you are the representative of Phan Thi
in the case of Le Linh - Phan Thi dispute?

• Which is the infringement in the case " Ganh me" dispute? Whom
will Dam Vinh Hung work with?

• Which IPRs are Britney Spears infringed when she said "I want my
life back"?

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 Thank you

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