Copyright and Related Rights in Vietnam: The Distinction

Vietnamese intellectual property law distinguishes between copyright, which protects authors of original works, and related rights, which protect those who bring works to the public. Understanding this distinction is important because a single piece of content, such as a recorded song or a broadcast programme, can involve both sets of rights held by different parties.

Copyright of authors

Copyright belongs to the author of an original literary, artistic or scientific work and arises automatically on creation. It comprises moral rights, which protect the author's connection to the work, and economic rights, which allow the owner to reproduce, distribute, communicate and adapt the work or to authorise others to do so.

Related rights

Related rights protect contributions that are connected to, but distinct from, the authorship of the work itself. They belong to:

• Performers, in respect of their performances;
• Producers of phonograms, in respect of their sound recordings;
• Broadcasting organisations, in respect of their broadcasts.

These rights allow the holders to control certain uses of their performances, recordings or broadcasts, and to receive remuneration in defined situations.

Why the distinction matters

Because copyright and related rights can be owned separately, using content lawfully often requires clearance from more than one party. Licensing a commercial recording, for instance, may need permission from the composer and lyricist as authors, and from the performer and the phonogram producer as related-rights holders. Contracts should therefore identify precisely which rights are being granted and by whom.

Frequently asked questions

Can the same person hold both copyright and related rights?

Yes. An artist who writes and records a song may hold copyright in the composition and related rights in the recording, though these can also be assigned to different owners.

Do related rights arise automatically as well?

Related rights generally arise on the creation of the performance, recording or broadcast, without a registration requirement.

How long do these rights last?

Copyright and related rights are protected for terms set by the Law on Intellectual Property, which vary by the type of right and work. Counsel can advise on the specific term.

How LTV Law helps

LTV Law helps clients map who owns copyright and related rights in a project and structure clearances and licences accordingly; to review your rights, contact our team.

This article is for general information only and does not constitute legal advice.