Circular No. 04/VH-TT guides and explains Decree No. 142-HĐBT on copyright. The document provides detailed provisions on the objects, scope of application of copyright, and the basic rights of authors in a socialist society.
Đối tượng áp dụng
Individuals who create literary, artistic, scientific, and technical works; organizations managing the protection of copyright.
Các điểm cốt lõi
- An author is the person directly creating the work and must use their real name or pen name when publishing (Article 1).
- Copyright applies to works serving the cause of building socialism and defending the socialist fatherland (Article 1).
- The author has the right to permit others to modify, adapt, transform, or translate their work (Article 2).
- Vietnamese citizens working or studying abroad who create works about Vietnam are protected under copyright (Article 2).
- The use of published works between domestic and foreign organizations does not fall within the scope of copyright protection until they join an international agreement (Article 2).
🌐 Tác động xã hội từ văn bản này
- Protecting the interests of authors and encouraging the creation of literary and artistic works.
- Limiting the use of works without the author's consent.
- Difficulties for the use of works between domestic and foreign organizations before joining an international agreement.
❓ Câu hỏi thường gặp
What must an author do to be recognized?
Use their real name or pen name when publishing the work (Article 1).
Which subjects are not within the scope of copyright protection?
Decisions and announcements of courts and state agencies; news reports and information on current events (Article 1).
Are works published abroad protected under copyright?
Vietnamese citizens who create works about Vietnam are protected under copyright (Article 2).
Toàn văn
|
MINISTRY OF CULTURE |
SOCIALIST REPUBLIC OF VIETNAM |
|
NUMBER: 04-VH/TT |
HA NOI, November 14, 1986 |
CIRCULAR
OF THE MINISTRY OF CULTURE NUMBER 04-VH/TT DATED JANUARY 7, 1987 GUIDING AND EXPLAINING DECREE NO. 142-HĐBT DATED NOVEMBER 14, 1986 OF THE STATE COUNCIL ON COPYRIGHT
1. Author and subject matter of copyright:
a. Author:
The author of a work is the person who directly creates the work. In addition, those involved in translation, adaptation, transformation, conversion from Han Nom script to national script, compilation, and creative selection are also considered authors.
To be recognized as an author, when the work is published, the author must indicate their real name or pen name.
b. Subject matter of copyright:
Copyright applies to all literary, artistic, scientific, and technical works and projects listed in the Decree, now clarified as follows: only literary, artistic, scientific, and technical works and projects serving the construction of socialism and the defense of socialist Vietnam are the subject matter of copyright.
Regarding types of works, now clarified as follows:
- Scientific and technical research works, including spoken (reports), written or printed: various genres such as novels, essays, feature stories, travelogues, poetry, translations, adaptations, transformations, complete collections, compilations, selections, research works, implementation projects, various dictionaries, textbooks, stage scripts, literary and film scripts; project outlines, design proposals; party and state documents, etc.
- Feature films, documentary films, animated films, shadow plays, television programs, recorded videos.
- Architectural works, including house designs, square plans, park layouts, street designs, bridge and culvert designs, etc.
The following documents are not subject to copyright: court decisions and notifications, news reports and information on current events, unnamed author photographs, including collective authorship.
2. Rights of the author:
Copyright is a personal right under the socialist system, therefore all legitimate rights of the author are protected by the State. The basic rights of the author mentioned in the Decree are further clarified as follows:
- Regarding the right to permit or refuse others to modify their work or project. Only the author can allow others to modify the content of the work.
Only the author can allow others to adapt, transform, or translate their work.
- Point 3, Article 3 regarding the first publication abroad of works and projects by Vietnamese authors is explained as follows: Vietnamese citizens working or studying abroad, during their time abroad, create works or projects on Vietnamese topics or other topics used by the country where they are working or studying, the author enjoys copyright. In cases where foreign newspapers, magazines, or publishers commission Vietnamese authors within the country to create works or projects that are then used, the author's copyright is protected. For foreigners working and studying in Vietnam, if their works or projects are first published in Vietnam, the copyright protection agency of Vietnam will protect their copyright as it would for Vietnamese authors.
The use by Vietnamese organizations of works already published abroad and by foreign organizations of works already published in Vietnam does not fall within the scope of copyright protection until Vietnam joins international treaties on copyright or signs bilateral agreements on copyright.
3. On publication and use of works:
The copyright protection agency has the responsibility to protect all published works and also works and projects completed but not yet published by the author, including project outlines and proposals which are also protected.
If the author does not register their work with the copyright protection agency, protection cannot be implemented./.
|
|
Tran Dinh Hoan (Signed) |
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: