Decision No. 17/2004/QĐ-BVHTT on issuing the "Regulation on Reproducing Visual Works"

 

Pursuant to …;

REGARDING THE ISSUE OF THE REGULATIONS ON COPYING GRAPHIC WORKS

__________________________

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to Decree No. 63/2003/NĐ-CP dated June 11, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

To enhance the effectiveness of state management over the activity of copying graphic works;

To protect the rights of authors and owners of works;Considering the proposal of the Director of the Visual Arts and Photography Department,

DECISION:

Article 1. ISSUES THE REGULATIONS ON COPYING GRAPHIC WORKS.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Heads of the Office, Directors of the Visual Arts and Photography Department, Directors of Provincial Departments of Culture and Information under the Central Government, and related organizations and individuals are responsible for implementing this Decision.

 

 

 

 

 

 

 

REGULATIONS

COPYING GRAPHIC WORKS
(ISSUED TOGETHER WITH DECISION NO. 17/2004/QĐ-BVHTT OF MAY 5, 2004 OF THE MINISTER OF CULTURE AND INFORMATION)

Chapter 1

GENERAL PROVISIONS

Article 1.

Article 1. These regulations govern activities related to copying graphic works.

Article 2. Organizations and individuals from Vietnam and foreign organizations and individuals engaged in copying graphic works on Vietnamese territory for commercial or non-commercial purposes shall be subject to these regulations.

Article 3. Copying graphic works when constructing monuments, statues within courtyards, memorial monument decorations, large religious works shall be governed by the Regulations on Managing Monuments and Grand Paintings issued together with Decision No. 05/2000/QĐ-BVHTT dated March 29, 2000 of the Minister of Culture and Information.

Article 4. Copying folk paintings, anonymous works shall not be subject to these regulations.

Article 2. Some terms used in these regulations are understood as follows:

Point 1. Graphic work means creative works including painting, graphics, sculpture.

Point 2. Copying graphic works refers to creating one or more new copies based on a model work, including changing the material of the work, enlarging or reducing the work. The new copy created according to the model is called a copy (photocopying, photographing, or publishing the image of the graphic work does not constitute copying the graphic work).

Point 3. Model work refers to the original or a photograph of the original, a mold cast from the original used as a model for copying.

Point 4. Original work refers to the first complete version of the work created by the author and published by the author.

Point 5. Replicating graphic works refers to using molds or printing plates to create multiple copies similar to the model.

Point 6. Owner of a graphic work is an individual or organization that owns the rights of the author which can be transferred according to the provisions of the law.

Point 7. Impersonating the author, forging a graphic work refers to arbitrarily recording the name of the author on a work not created by the author.

Article 3. Copyrights for graphic works include moral and economic rights of the author over the work created by himself/herself according to the provisions of the law.

Article 4. When the author or owner of the work is infringed upon by others in their copyright or ownership rights, they have the right to request the infringer to cease the infringement, apologize, make public correction, compensate for damages, or propose handling according to current laws.

Chapter 2

SPECIFIC PROVISIONS ON COPYING GRAPHIC WORKS

Article 5.

Clause 1. Copying a work whose owner is an organization or individual from Vietnam must be agreed upon in writing by the owner of the work (except where the owner of the work and the copier have a different agreement). In the case of copying a work of an author who has been deceased for more than 50 years, permission from the owner of the work is not required.

Clause 2. The owner of the work has the right to agree to allow multiple organizations or individuals to copy their work.

Clause 3. Copying a work of a foreign owner shall be carried out in accordance with international treaties to which Vietnam is a party.

Article 6. In the agreement (work usage contract) between the owner of the work and the copier, the number of copies, purpose, scope of use, remuneration paid by the copier to the owner of the work, payment method, and other contents according to the law on work usage contracts must be clearly stated.

Article 7. The copy must be larger or smaller than the original work, except in cases of casting or printing molds. The copy must maintain the content and form of the original work.

Article 8. If a painter creates multiple identical paintings, they must be numbered sequentially from 1, 2, 3, 4...and the creation time of each work must be recorded.

Article 9. Copies of graphic works must include the following information at the back: "copy", the author's name, the work's title, the original work's material, year of creation (if applicable), the copier's name, size of the copy.

Article 10. COPYING IMAGES AND STATUES OF PRESIDENT HO CHI MINH

Clause 1. Statues of President Ho Chi Minh must be approved by the Department of Culture and Information or the Visual Arts and Photography Department (Ministry of Culture and Information) before being used as models for commercial or public placement copying.

Clause 2. Copies of images of President Ho Chi Minh for public use must be reviewed and approved by the Department of Culture and Information or the Visual Arts and Photography Department (Ministry of Culture and Information) before being used.

Clause 3. Institutions copying, displaying, selling images and statues of President Ho Chi Minh must show respect for the leader placed in a dignified position.

Article 11. Graphic works containing the following contents are prohibited from being copied:

Clause 1. Opposing the Socialist Republic of Vietnam, undermining national unity.

Clause 2. Promoting violence, aggressive war, inciting hatred among ethnic groups and peoples; spreading reactionary thoughts, culture, decadent lifestyles, criminal acts, social evils, superstitions, and destroying traditional customs and morals of the nation.

Clause 3. Distorting history, denying revolutionary achievements, insulting great men, national heroes, slandering, defaming the reputation of organizations, the dignity and personality of citizens.

Chapter 3

IMPLEMENTING PROVISIONS

Article 12. Organizations and individuals copying graphic works are responsible for implementing these regulations.

Article 13. Copying graphic works without the consent of the owner of the work or impersonating the author, forging graphic works are considered violations of copyright and must be handled according to the law.

Article 14. Organizations and individuals who copy visual works in violation of the provisions of this Regulation shall be subject to administrative penalties, criminal prosecution, or civil compensation according to the provisions of the law, depending on the nature and extent of the violation.

Article 15. The Director of the Visual Arts and Photography Department, the Inspector General of the Ministry of Culture and Information, the Director of the Literary and Artistic Copyright Office, and the Directors of the Cultural and Information Departments of provinces and centrally governed cities shall be responsible for guiding, supervising the implementation of this Regulation, and handling violations in accordance with the provisions of the law.