Decree No. 100/2006/ND-CP dated September 21, 2006 of he Government detailing and guiding the implementation of a number of articles of the Civil Code and the Intellectual Property Law regarding the copyright and related rights
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, September 21, 2006
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE CIVIL CODE AND THE INTELLECTUAL PROPERTY LAW REGARDING THE COPYRIGHT AND RELATED RIGHTS
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the November 29, 2005 Intellectual Property Law;
At the proposal of the Culture and Information Minister,
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Article 1.- Scope of regulation
This Decree details and guides the implementation of a number of articles of the Civil Code and the Intellectual Property Law regarding the copyright and related rights.
Article 2.- Subjects of application
This Decree applies to Vietnamese organizations and individuals; and foreign organizations and individuals engaged in activities relating to copyright and related rights.
Article 3.- Protection of copyright and related rights
1. Protection of copyright means protection of the rights of authors to all types of literary, artistic and scientific works specified in Article 738 of the Civil Code and Articles 18, 19 and 20 of the Intellectual Property Law.
2. Protection of related rights means protection of the rights of performers to their performances; the rights of producers of phonograms and video recordings to such phonograms and video recordings; the rights of broadcasting organizations to their broadcasts and encrypted program-carrying satellite signals specified in Articles 745, 746, 747 and 748 of the Civil Code and Articles 29, 30 and 31 of the Intellectual Property Law.
Article 4.- Interpretation of terms
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In this Decree, the terms below shall be construed as follows:
1. Posthumous works means those first published after their authors’ death.
2. Anonymous works means those published without indicating their authors’ names (real names or pseudonyms) thereon.
3. Original exemplars of works means versions presented in any material medium in which the creation of such works has been first fixed.
4. Copies of works means directly or indirectly reproduced versions of the entire or part of works. Photocopies of works are also regarded as copies.
5. Fixation means the expression in written languages, other characters, lines, three-dimensional figures, layouts, colors, sounds, images or the reproduction of sounds or images in whatever material form from which a work can be perceived, reproduced or otherwise communicated.
6. Phonograms and video recordings means fixations of sounds and images of performances or other sounds and images or the reproduction of sounds and images not in fixed forms as part of cinematographic works or other audiovisual works.
7. Copies of phonograms and video recordings means directly or indirectly reproduced versions of the entire or part of fixed phonograms and video recordings.
8. Publication of fixed performances or phonograms and video recordings means the public presentation of copies of such fixed performances or phonograms and video recordings with the consent of related rights holders.
9. Retransmission means the simultaneous transmission by one broadcasting organization of a broadcast from another such organization. Relay is also regarded as retransmission.
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10. Encrypted program-carrying satellite signals means program-carrying signals transmitted by satellites in whatever forms in which audio or visual features or both have been changed so as to prevent the illegal receipt of such programs.
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