Banner
COPYRIGHTS AND RELATED RIGHTS

Copyright is a right granted by law to the author of original works in the literary, artistic or scientific domain, such as books, works of art, dramatic works, musical works, photographic works, motion pictures, works of architecture, computer programmes. In order to qualify for copyright protection, a work must be original (independently created). Copyright will arise automatically as soon as a copyrightable work is fixed in a tangible form. There is no requirement to register copyright in Vietnam. However, a copyright registration certificate establishes prima facie evidence of the validity of the copyright. This is useful to the copyright claimant in litigation for copyright infringement.

Related rights are granted to performers, producers of phonograms, and broadcasting organizations.

The copyright and related rights services of Lê & Lê include conducting copyright searches, securing copyright registrations, negotiating and drafting copyright/related rights license agreements, counseling, enforcing copyrights/related rights through negotiation and litigation.

Copyright/related rights counseling is a well-known area of our practice. Our firm has counseled domestic and international clients on their various copyright/related rights problems.

As an intellectual property advisor to Business Software Alliance (BSA), the firm’s lawyers have advised BSA on effective enforcement of its copyrighted softwares in Vietnam, and in cooperation with BSA organized a seminar on copyright protection for participants from committees of the National Assembly (the Science, Technology & Environment Committee, the Legal Committee, the Culture and Education Committee, the Legislation-Building Department of the Standing Committee), and the Copyright Office of Vietnam.

Recently, our copyright lawyers have drafted many agreements in the music industry, especially exclusive songwriter agreements and exclusive artist agreements between domestic individuals and foreign companies. Our copyright lawyers have also advised Vietnamese broadcasting organizations on negotiating successfully, and reviewed exclusive television right agreements for rebroadcasting the AFF and AFC football matches as well as the FIA Formula One World Championship in Vietnam.

Articles:

  • Le Hoai Duong, Several thoughts of applying law of the First Court and the Appeal Court in the case of two Kieu scholars, the People’s Court Review (August 2007)
  • Le Hoai Duong, With regards to conclusion of the Appeal Court in the case of two Kieu scholars, Vietnam Law Newspaper (17 July 2007)
  • Dieu Ngoc Tuan, With regards to the question of copyright royalty for Trinh Cong Son’s musical works, Vietnam Law Newspaper (31 March 2008)
  • Dieu Ngoc Tuan, Settlement of copyright disputes in court according to civil procedure, Vietnam Law & Legal Forum Review (Vol. 11 – No. 132, August 2005)
  • Dieu Ngoc Tuan, Settlement of copyright disputes in court according to civil procedure, People’s Court Review (Vol. 11 – June 2005)
  • Dieu Ngoc Tuan, Overview of copyright protection in Vietnam, People’s Court Review (Vol. 05 – March 2004)