Copyright

Vu Van Ngoc, PhD

Copyright
Copyright
The right to prevent the unauthorised reproduction by a third

party of the tangible form in which a person has chosen to express

his or her ideas.
Statute
Law on IP 2005, Civil Code 2005

Substance of statute
Protects the physical expression of ideas (not the idea itself).

Copyright (cont.)
Subject matter (categories)

Original works
u Literary
u Musical
u Dramatic
u Artistic

Other than original works

uSoundrecordings
u Films editions
uPublished
of works

Examples of copyright in original works

Literary works
Books, tables of data, computer programs

Dramatic works
Ballet

Artistic works
Paintings
Sculptures
Drawings

Examples of copyright (cont.)

ngh vit sch

Copyright attaches to works of authorship

tn ti

copyright subsists in
original works of authorship that are
fixed in any tangible medium of expression

Nothing more is required

Registration of copyright is not required
Copyright notice is not required

To be original . . .
original

Copyright subsists in original works.

To be original:
it is not necessary for the work to be first of its kind
the work must originate with the author
the work must be more than a copy of some other material
author must have used some skill or experience in making the

work/product original.

Fixation

fixation: c nh

A work is fixed in a tangible medium of expression when it is

hin thn embodied in a material

object of some kind the pages of a

book, a canvas, magnetic tape, a computers hard disk, a piano
roll, . . .

Copyright as a negative right

Copyright is a negative right

It does not give the owner a right to do something with or to the

work;
loi tr
it gives the owner a right to exclude others from doing certain
things with or to the work

Duration of copyright
Duration

Published work (i.e. supplied to public):

70 years after death of copyright owner

Unpublished work:
70 years after publication for the first time

Infringement of copyright
Infringement: S vi phm

Original worksby person performing any of the various

acts in respect of the work without authorisation or consent of

ng
owner of copyright.

Examples:
Reproduction (i.e. copying) in a material form the whole or a substantial

part of a literary, dramatic, musical or artistic work.

Importing copies of an original work for sale, hire, exhibition or

distribution.

Performance of a work in public or broadcasting of a work without

consent of the owner.

Change of medium is still an

infringement
Change of medium: thay i mi trng?

Recreating a photo

Actions not amounting to

infringement of copyright

Actions not amounting to

infringement of copyright
Hnh ng cha tnh n hnh vi
xm phm quyn tc gi

khng chc chn

Use of insubstantial parts

Fair dealing:
Research or study
ph bnh
Criticism or review
Reporting of news
Giving of professional advice by a legal practitioner or a patent
attorney lut s, bin l

Actions not amounting to

infringement of copyright (cont.)
Educational copying

n b

If adequate records maintained to enable compensation to owner

of copyright
Public readings
Performances at home
Copyright work available in libraries
ngu nhin

Incidental appearances of artistic work in films or television

broadcasts

Fair Use

Fair use

Educators may use copyrighted materials within their own

classrooms without express permission from the copyright

owner.

 Copy from one, its plagiarism; copy from two,

its research.
(John Burke)

Intext Citations and Works Cited Page

If you are citing information in

your paper that means you include
an in-text citation and the full
citation at the end of the paper.
Do not list citations in your work
cited if you did not cite them in
your paper

Get Ready for University. Intext

Citation Example. (20090
Edinburgh Napier University. 21
July 2009
http://www2.napier.ac.uk/getre
ady/figures/citations_references.g
if

"Sweat of the brow"

hc thuyt, l thuyt

Is an intellectual property law doctrine

ch yu

Chiefly related to copyright law.

According to this doctrine, an author gains rights through
sing nng, cn mn
simple diligence
during the creation of a work, such as a
database, or a directory.
thuc v vt cht
Substantial creativity or "originality" is not required.

Examples
If A makes a work, in which copyright subsists, and B

subsequently adds his skill, judgement and labour, altering

the form of A's work, B will potentially have a copyright in
the work he produces.
This suggests that copyright is not about protecting
ideas, because one can acquire a copyright by expending
skill, labour, and judgement, but no creativity or
inventiveness.

Walter v Lane (1900)

tc k

mhaans mnh

Reporters took shorthand notes of a speech, punctuated

them, etc. and published them in the Times Newspaper.

The court held that the reporters were authors of the
published speech, and, as such, owned a copyright in the
published speeches, because of the considerable skill, labour,
and judgement they exercised.

University of

University of London Press Ltd v University

Tutorial Press Ltd (1916) 2 Ch. 601
The question arose as to whether certain mathematics exam

papers were original literary works. The exam papers just

consisted of conventional maths problems in a conventional
manner.
The court held that originality does not mean that the work
must be an expression of individual thought.
Even though these were the same old maths problems every
student is familiar with, and even though there was no
creative input, the skill, labour, and judgement of the authors
was sufficient to make the papers original literary works.
y

Feist Publications, Inc., v. Rural Telephone

Service Co., 499 U.S. 340 (1991)
Facts:
Rural Telephone Service Company, Inc. is a telephone

cooperative providing services for areas in northwest Kansas, with

headquarters in the small town of Lenora, in Norton County. The
company was under a statutory obligation to compile a phone
directory of all their customers free of charge as a condition of
their monopoly franchise.
Feist Publications, Inc. specialized in compiling telephone
directories from larger geographic areas than Rural from other
areas of Kansas. They had licensed the directory of 11 other local
directories, with Rural being the only hold-out in the region.
Despite Rural's denial of a license to Feist, Feist copied some 4000
entries from Rural's directory. Because Rural had placed a small
number of phony entries to detect copying, Feist was caught.

Feist Publications, Inc., v. Rural Telephone

Service Co., 499 U.S. 340 (1991)
Prior to this case, the substance of copyright in United States

law followed the sweat of the brow doctrine, which gave

copyright to anyone who invested significant amount of time
and energy into their work.
Decision:
The Court ruled that information contained in Rural's phone
directory was not copyrightable and that therefore no
infringement existed.
Information alone without a minimum of original creativity
cannot be protected by copyright.

Remedies for infringement of copyright

Remedies: Bin php khc phc

Injunction truyn li, ra lnh, s sai khin

Damages, e.g.:
loss sustained

bt n

account of profits

Copyright under Vietnams IP Law

Copyright

Types of works which are protected by copyright

Subject matter outside the category of copyright protection
Copyright
Duration

Grounds for...

Grounds for the generation and establishment of

copyright (Art. 6 (1), Law on IP)
Copyright shall arise at the moment a work is created and
khng phn bit

fixed in a certain material form, irrespective of its content,

quality, form, mode and language and irrespective of whether
or not such work has been published or registered.

Types of work

Types of works which are protected by

copyright (Art. 14, Law on IP) (1)
Literary, artistic and scientific works which are protected
gm c
by copyright comprise:
(a) Literary works, scientific works, textbooks, teaching
courses and other works expressed in written language or
other characters;
(b)
Lectures, addresses and other speeches;
(c)
Press works; Cng vic bo ch
(d)
Musical works;
(dd) Stage works;
1.

Types of works which are protected by

copyright (Art. 14, Law on IP) (2)
(e) tngCinematographic
works
and
works
created
by
a
process
t
analogous to cinematography (hereinafter all referred to as
cinematographic works);
(g)
Plastic art works and applied art works;
(h)
Photographic works;
(i)
Architectural works;
(k)
Sketches, plans, maps and drawings related to
a hnh
topography or scientific works;
(l)
Folklore and folk art works;
(m) Computer programs and data collections.

Types of works which are protected by

copyright (Art. 14, Law on IP) (3)
theo

Derivative works shall only be protected pursuant to the

iu khon
provisions of clause 1 of this article if such protection is not
lm tn hi
prejudicial to the copyright in the works used to create
such derivative works.
quy nh
3. Protected works as stipulated in clauses 1 and 2 of this
article must be created personally by authors through their
intellectual labour and without copying the works of
others.
2.

Subject matter

Subject matter outside the category of copyright

protection (Art. 15, Law on IP)
ch, gii hn

1. News of the day as mere items of information.

2.Legal instruments, administrative and other documents in the
t php judicial domain, and official translations of such documents.
3.Processes, systems, operational methods, concepts,
principles and data.

Copyright (Art. 18 of Law on IP)

Copyright in works regulated in this Law shall comprise

moral rights and economic rights (personal right and

property right)

Moral rights (Art. 19 of Law on IP)

Moral rights [of authors] shall comprise the following rights:
1. To give titles to their works.
tn gi, bt danh
2.To attach their real names or pseudonyms to their works; to have
their real names or pseudonyms acknowledged when their works
are published or used.
3. To publish their works or to authorize other persons to publish
their works. ton vn
4. To protect the integrity of their works; and to forbid other
persons to modify, edit or distort their works in whatever form,
causing harm to the honour and reputation of the author.
danh d

danh ting

Economic rights (Art. 20 of Law on IP)

Economic rights [of authors] shall comprise the following rights:
(a)
To make derivative works;
(b)
To display their works to the public;
(c)
To reproduce their works;
(d)
To distribute or import the original or copies of their works;
(dd) To communicate their works to the public by wireless or
landline means, electronic information networks or other
technical means;
cho thu
(e)
To lease the original or copies of cinematographic works and
computer programs.

copyright in...

Copyright in computer programs and data

collections (Art. 22 of Law on IP) (1)
hng dn

Computer program means a set of instructions expressed in the

lnh, ch huy

form of commands, codes, diagrams and other forms which,

kt hp
when incorporated in a device readable by a computer, are
capable of enabling such computer to perform a job or
achieve a specific result.
Computer programs shall be protected the same as literary
khng phn bit
works, irrespective
of whether the computer programs are
expressed in the form of source codes or machine codes.

Copyright in computer programs and data

collections (Art. 22 of Law on IP) (2)
Data collection means a set of data selected or arranged in a

creative way and expressed in electronic or other forms.

Copyright protection of data collections shall not extend to
protection of the data itself, and must not be prejudicial to
lm tn hi
copyright in the data itself.

Duration of protection
Shall be protected for the whole life of the author and for

fifty (50) years after his or her death. In the case of a work of
joint authors, the term of protection shall expire in the
fiftieth year after the death of the last surviving co-author;
(adopted Berne Convention approach)