Terms of Copyright Protection and Inappropriate Rules in the Law on Intellectual Property for Current Folklore Works in Vietnam

This article contains the results of an analysis of the existing laws of Vietnam, as well as the relevant international agreements to which Vietnam is a party. Specific provisions for the protection of literary and artistic works in general and folklore works in particular are defined. The paper substantiates the idea that in order to protect copyright, the works of the folklore genre must comply with the conditions relating to all literary and artistic works. In addition, the article contains a description of the features of folklore works, causing additional requirements for copyright protection. Art and literary works will be protected in Vietnam when: this is the result of the author's creative intellectual work; The work must have the original character of the work, which cannot be reproduced in any form; The work must be created in the form of a specific text or object; Works do not contain content against the state or distort the national history. Folklore is also a literary and artistic work, so for protection in Vietnam, it must also comply with the conditions as a work in general. However, folklore works have their own characteristics, therefore the following specific rules are required: works, of course, will be protected without guarantee of originality; Automatic secured work without dependency must be presented in a fixed format. In the article, the author studied and analyzed the content of legal provisions relating to the copyright to folklore works in intellectual property law, as well as the study of objective and subjective factors leading to some provisions of the copyright law for popular works with unclear content or between legal provisions that still contain controversial content, some important materials related to the protection of copyright on folklore works were not clear o defined. There is still a contradiction between the legal rules determining who owns the copyright, or, if the copyright holder is defined for folklore works, there is a serious shortage. Legal provisions are contradictory, because when using popular works, if a user fulfills his legal obligations in accordance with the provisions of this law, he must pay royalties, but if the user actually represents his legal obligations in accordance with another law, he does not need to pay royalties, but you only need to determine the source of the work. Provisions on the protection of the rights of copyright holders have not been clearly defined, important issues ensuring the protection of folklore are not clearly defined in the copyright law. The law on copyright does not establish the rights and obligations of those who own folklore works, does not regulate the legal relationship between the derived author and the original author of folklore works.

Duc C.X.1 , Trang D.C.2 , Thanh P.N. 3
  • 1 Peoples Police Acad, Hanoi, Vietnam
  • 2 Ind Univ Ho Chi Minh City, Ho Chi Minh City, Vietnam
  • 3 Peoples Friendship Univ Russia, Moscow, Russia
Ключевые слова
copyright protection; inappropriate rules; intellectual property; culture; folklore works
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