Commons:Copyright rules by territory/Vietnam
|
Copyright rules: Vietnam Shortcut: COM:VIETNAM | |
 | |
.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Publish + 75 years |
| Anonymous | Publish + 75 years |
| Audiovisual | Publish + 75 years |
| Other | |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Vietnam}} |
| ISO 3166-1 alpha-3 | VNM |
| Treaties | |
| Berne convention | 26 October 2004 |
| WTO member | 11 January 2007 |
| URAA restoration date* | 23 December 1998 |
|
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 1924 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Vietnam relevant to uploading works into Wikimedia Commons. Note that any work originating in Vietnam must be in the public domain, or available under a free license, in both Vietnam and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Vietnam, refer to the relevant laws for clarification.
Background
Vietnam was independent until the 19th century, when it was colonized by the French. After World War II the country declared independence on 2 September 1945. A struggle began with the French and then the United States, during which North Vietnam and South Vietnam were politically separated. North Vietnam was the victor, and the country was reunited in 1975.
Vietnam has been a member of the Berne Convention since 26 October 2004 and the World Trade Organization since 11 January 2007.[1] Restoration of Vietnamese copyrights in the United States occurred through Presidential Proclamation No. 7161 of December 23, 1998 [63 Fed. Reg. 71571 (1998)].[2] This was prior to Vietnam's signature of the Berne Convention on October 26, 2004.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 50/2005/QH11 of November 29, 2005, on Intellectual Property as the main IP law enacted by the legislature of Vietnam.[1] WIPO holds the text of this law in their WIPO Lex database.[3] This law was modified by Law No. 36/2009/QH12 of June 19, 2009, amending and supplementing a Number of Articles of the Law on Intellectual Property.[4]
General rules
Under Law No. 50/2005/QH11 of November 29, 2005 amended by Law No. 36/2009/QH12 of June 19, 2009, economic rights enjoy the following term of protection:
- Cinematographic works, photographic works, works of applied art and anonymous works where the author remains unknown have a term of protection of 75 years from the date of first publication.[36/2009 Article 27(2a)]
- For cinematographic works, photographic works and works of applied art which remain unpublished within 25 years from the date of fixation, the term of protection is 100 years from the date of fixation.[36/2009 Article 27(2a)]
- A work not specified in Article 27(2a) is protected for the whole life of the author and for 50 years after his/her death.[36/2009 Article 27(2b)]
- For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author.[36/2009 Article 27(2b)]
- The term of protection expires at 24:00 hrs of December 31 of the year of expiration of the copyright protection term."[36/2009 Article 27(2c)]
Copyright and related rights protected under the legal documents effective before the effective date of the 2005 Law continued to be protected under the 2005 Law if they remained in term of protection on that date.[36/2009 Article 220] Therefore, cinematographic works, photographic works, dramatic works, works of applied art and anonymous works that were published 50 years or more prior to January 1, 2010 are still in the public domain in Vietnam.
We may assume the 50-year term applied on the URAA date, so works published before 23 December 1948 where the author remains unknown, and works by authors who died before 23 December 1948, are in the public domain in the United States.
Not protected
Subject matters not covered by copyright protection are 1. News of the day as mere items of press information; 2. Legal documents, administrative documents and other documents in the judicial domain and official translations of these documents; 3. Processes, systems, operation methods, concepts, principles and data.[36/2009 Article 15]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Vietnam}} – all photographs enter the public domain fifty years after they were first published, and all non-photographic works enter the public domain fifty years after the death of the creator.
Currency
See also: Commons:Currency
Not OK. Banknotes and coins are not exempted from copyright law. Furthermore, duplication of Vietnamese banknotes or coins without the written consent of the State Bank is prohibited by an order of the Prime Minister in June 2003 (article 3).[5]
Freedom of panorama
See also: Commons:Freedom of panorama
Under Law No. 50/2005/QH11 of November 29, 2005 amended by Law No. 36/2009/QH12 of June 19, 2009, "Use of published works in which permission and payment of royalties or remunerations are not required includes ... Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for the purpose of presenting images of these works.[36/2009 Article 25.1(h)]
See also
Citations
- ↑ a b c Vietnam Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Bill Clinton. Proclamation 7161 of December 23, 1998 Extending United States Copyright Protections to the Works of the Socialist Republic of Vietnam. Retrieved on 2019-01-28.
- ↑ Law No. 50/2005/QH11, on Intellectual Property. Vietnam (29 November 2005). Retrieved on 2018-11-11.
- ↑ Law No. 36/2009/QH12, amending and supplementing a Number of Articles of the Law on Intellectual Property. Vietnam (19 June 2009). Retrieved on 2018-11-11.
- ↑ Decision No. 130/2003/QD-TTg: On the protection of Vietnamese money. Prime Minister of Vietnam (30 June 2003). Retrieved on 2019-01-28.