Protection of ralated right

643

1.  Who is protected for related rights?

–    Actors and actresses, instrumentali orm literary and artistic works (hereinafter all referred to as performers).

–     Organizations and individuals who own performances

–     Organizations and individuals who fix for the first time the sounds and images of performances or other sounds and images (hereinafter all referred to as producers of audio and visual fixation).

–      Organizations which initiate and carry out broadcasting (hereinafter referred to as broadcasting organizations).

2.     What are subjects protected for  related rights?

– Performances shall be protected if they fall into one of the following categories:

They are made by Vietnamese citizens in Vietnam or abroad;

They are made by foreigners in Vietnam;

They are fixed on audio and visual fixation and protected pursuant

They have not yet been fixed on audio and visual fixation but have already been broadcast and are protected pursuant

They are protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

–    Audio and visual fixation shall be protected if it falls into one of the following categories:

It belongs to audio and visual fixation producers bearing Vietnamese nationality;

It belongs to audio and visual fixation producers protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

–        Broadcasts and satellite signals carrying coded programmes shall be protected if they fall into one of the following categories:

They belong to broadcasting organizations bearing Vietnamese nationality;

They belong to broadcasting organizations protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

–       Performances, audio and visual fixation, broadcasts and satellite signals carrying coded programmes shall only be protected pursuant  on the condition that they are not prejudicial to copyright.