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. Definition Copyright is a right to prevent a work
being copied without the 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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 2. Type of copyright
• Literary and artistic copyright:
- Literary copyright
- Copyright in computer programs
- Copyright in databases and compilations
- The spoken word
- Artistic copyright
• Copyright in sound recordings and films
• Broadcasts and cable programmes
• Other copyright works

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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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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

• 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):
2. Type of • Facts: An original design for a dress
copyright fabric: vertical stripes, with flowers and
leaves scattered between the stripes, all
painted in an impressionistic style.
• Is it an idea or expression?

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 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
2. Type of football betting coupon. The defendant
copyright 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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 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. 
• Who might win?

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 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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 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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 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
Ownership of a drawing. The employer clearly had the right to
decide whether to adopt the finished product or to
Copyright 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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 5. 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
Copyright publish 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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 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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 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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 • 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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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
printed for $C 165 and sent them out for
Infringement and New Year to its customers. The plaintiff
claimed the full retail price of 1300 cards as
Enforcement 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.
How could the damages be assessed in this
case?

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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
Tìm một sự việc vi phạm bản quyền và tự trình bày theo ngôn ngữ của mình:

• Tóm tắt sự việc

• Quyền nào bị xâm phạm? Vi phạm sơ cấp hay thứ cấp?

• Kết quả vụ việc/ Kết luận của toà án

• Kết luận/Bài học

• Tài liệu tham khảo

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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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