copyright of cinematographic works and the phenomenon of movie review videos

Additionally the regulation of Clause 1, Article ft of the Intellectual Property Law 2005 indicates that: “Copyright arises from the moment the work is created and expressed in a certain

UEH UNIVERSITY College of Economics, Law and Government

UEH

UNIVERSITY

ACADEMIC ESSAY Subject: Intellectual property law COPYRIGHT OF CINEMATOGRAPHIC WORKS AND

THE PHENOMENON OF MOVIE REVIEW VIDEOS

Lecturer: Lé Hung Long Subject ID: 23C1LAWS51108301 Student: Nguyén Hoang Anh Minh Course — Class: K47-LKC01 Student ID: 31211027478

Ho Chi Minh City, 12/31/2023

TABLE OF CONTENTS INTRODUCTION

CONTENT:

2 The basic rights oƒ copyright -

3 The creation of a derivative work and specific types oƒ Ìt «.-

4 The creation of a derivative work and specific types of it

5 The actions that violate copyright protection +

6 The exceptional cases related to the use oƒ copyrighted works «

7 Measures of the Court to deal with copyright violation: .c se

8 The definition and the specific type of cinematographic works that are recognized and protected by copyright law

9 Duration of copyright protection with cinematogrdaphiC WOYKS «cành Hee erey

10 The phenomenon of movie review and its connection to copyright laW ce.ce

11 Recommendations related to the movie-review phenomenon that has the potential to be legalized

Conclusion

References

On the other hand, the role of intellectual property law in general and the the role of copyright in particular must be taken into account when referring to the creation and distribution of digital entertainment products due to the strong connection between these aspects It can be acknowledged that copyright is the main factor ensuring legal ownership of the creators with their creative works as well as preventing a lot of unlawful practices such as replication of entertainment products, unauthorized

distribution of entertainment works and the distribution of derivative works without the

permission of the creators, etc Nevertheless, it can be seen that digital entertainment content such as movie review videos, movie parodies, etc has become increasingly popular with online audiences but this kind of content still has the nature of borrowing elements from the original works and in fact movie review videos, movie parodies are considered as derivative works Besides, it is also worth noting that creating derivatives

of entertainment work without the permission of the author is a violation of intellectual property ownership

The fact that the cinema industry is important for generating income as well as spreading cultural influences for the nation is obvious After being created,

cinematographic works will need to have copyright protection for the creators or owners of the work to gain their legal benefits, apparently But it is also worth noting that many movies are being used to make money without permission or paying fees to the owner of its and this issue have negative affect on the cinema industry

On top of that, it may be stating the obvious that movie review video is a big

phenomenon in the online world as it has been favored by many people as a cheap, time - saving and exciting tool for cinematic self-indulgence Despite this, the creation

of movie review content has been a heated topic of debate due to its nature as a form

of copyright violation and there is also a need to research more about how to deal with

this issue

CONTENT

1)Definition and key aspects of copyright:

Copyright is an intellectual property right that enables the creator or owner to own the original work exclusively In a legal term, Vietnamese Intellectual Property Law has specified in Clause 2, Article 4 that: “Copyright is the right of organizations and individuals to the works that they create or own” Additionally the regulation of Clause

1, Article ft of the Intellectual Property Law 2005 indicates that: “Copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered.” It can be anticipated that Article ft not only demonstrates when a creator has the right to own their works but it also shows two key aspects that make the legal recognition Basically, a work must have a creative element to make it unique and it must have a form of expression to be recognized and protected by the law Next, according to Article 15 of Intellectual Property Law 2005, news reports; legal

documents, administrative documents or any types of judicial documents and

processes, systems, operating methods, definitions, concepts, principles,data are not available to register for copyright protection:

2) Subjects of copyright ownership:

The main subjects of copyright ownership are the creator and the owner and as stipulated in Article 3ft to Article 43 of Intellectual Property Law, there are eight specific kinds of copyright owners:

1)“ A copyright owner is an organization or individual that holds one, several, or all of

the property rights;” (Article 3ft)

2) “The owner of copyright is the author who uses his or her time, finances, and physical and technical facilities to create works with moral rights and property rights;” (Article

37)

3) “The owner of the copyright is a co-author: Co-authors share moral and property rights to that work; Co-authors who create a work and if there is a separate part that can be separated and used independently without damaging the ownership of other co- authors then co- owners have moral and property rights to that separated or special

part.” (Article 3ff)

4) “Copyright owners that are organizations or individuals that assign tasks to authors

or enter into contracts with authors: Organizations that assign tasks to create works to authors The people who belong to the organization which are specified in Article 19, and Article 20 are the owners of copyrights, property rights, and the right to publish the work or allow others to publish the work; unless otherwise agreed Organizations and

individuals who enter into contracts with authors to create works are the owners of the

above rights unless otherwise agreed.” (based on Article 39)

5)” The heir of the copyright owner: Organizations and individuals who inherit copyright according to the law on inheritance are the owners of property rights and the right to publish the work or allow others to publish the work.” (based on Article 40)

ft) “The copyright owner is the person to whom the rights are transferred: The organization or individual who is transferred one, several or all of the property rights and the right to publish the work or allow others to publish the work according to the agreement in the contract is the copyright owner.” (based on Article 41)

7) “The State will have the ownership with the following works: a) anonymous works,

except in cases where organizations or individuals are managing anonymous works; b) the work which is still under protection but the copyright owner dies without an heir, or the heir refuses to receive the inheritance or is not entitled to the inheritance; c) the copyright owner transfers ownership of the work to the State

” (based on Article 42)

ff) “Works belong to the public: Works that have expired under protection belong to the public All organizations and individuals have the right to use the work but must respect

the moral rights of the author.” (based on Article 43)

3)The basic rights of copyright

When referring to copyright, Article 1ff of Intellectual Property Law 2005 has stated

properly that: “Copyright for works specified in this Law includes moral rights and property rights.”

Based on Article 19 of Intellectual Property Law 2005, moral rights include the following rights:

1) Naming the work;

2) Using a real name or pseudonym and putting it above the work; the name or pseudonym will be stated when the work is published or used;

3) Publish the work or allow others to publish the work;

4) Protect the integrity of the work, not allowing others to edit, mutilate or distort the work in any form that is harmful to the honor and reputation of the authors Meanwhile, the property rights include the followings:

a) Creating derivative works

b) Perform the work to the public

c) Copy the work

d) Distribute, import the original work or copies of the work

dd) Communicate the work to the audiences by using wired or wireless means, digital information network or any other technical means necessary;

e) Rent out the original work as well as copies of cinematic works, computer

programs

4) The creation of a derivative work and specific types of it

The creation of derivative work is based on one or multiple original works and they are created with different contents According to Clause ff, Article 4 of Intellectual Property Law: “Derivative works include the works which are translated from one language to another, adaptive works, arranged works, transformative works, compilation, annotation, and selective works.” Moreover, derivative works need to be proved that it

do not violate the copyright of the original works in order to be protected and recognized by the law based on Clause 2, Article 14 of Intellectual Property Law Basically, there are many types of derivative works:

+ Translated works: The works that were interpreted from a foreign language work and after the interpretation, these works demonstrate full meaning of the foreign work to the audiences

+ Adaptive work: The works that were based on some elements of the original works but these works are created with new contents, new points of view, etc to show a

different vibe

+ Arranged work: The work that has different forms of demonstration in comparison with the original works

+ Transformative work: The work that is created with elements based on the content of

the original work but with different types of art forms

+ Compilation: This type of work is created by gathering different sources of

information, content, and data and then expressed in a new way depending on the

intentions of the new creators

+ Annotation: This type of work is used to give an explanation or clarify some parts of an original work

+ Selective work: A selection of works with the same genres according to some certain criteria

5)The actions that violate copyright protection:

Copyright violations happen when someone makes use of a copyrighted work to make money or for other purposes without the permission of the original creator or owner therefore breaching the legal rights that were granted by the law to the original creator

or owner The Vietnamese Intellectual Property Law states the following actions as copyright violation in Article 2ff:

- Appropriating copyright to literary, artistic, and scientific works

- Publish or distribute the work without the permission of the author

- Publish or distribute the work that was created with the help of a co-author without the permission of that co-author

- Editing, cutting, and removing under any forms that affect the honor and dignity of the original author in a negative way

- Make copies of the work without the permission of the author and co-authors

- Make derivative works without the permission of the author, co authors or owners of the original work

- Make use of the work without the permission of the author, co authors or owners of the original work and not paying the fees, royalties, costs or any other material benefits related to the copyrighted work according to the law

- Leasing the work without paying any fees, royalties, costs or any other material

benefits to the author

- Replicate, publish copies, distribute, exhibit or demonstrate the work through digital media or other technical means without the permission of the author

- Publish the work without the permission of the copyright owner

- Intentionally destroying or disabling technical methods that were used by the copyright owner to protect the copyrighted work

- Intentionally removing, and changing the management information related to the work

in electronic form

-Manufacturing, assembling, distributing, importing, leasing, and selling devices that can disable cyber security protocols that were implemented by the owner of the work

- Creating and selling works that contain fake signatures of the author

- Exporting, importing, and distributing the work without the permission of the author

6)The exceptional cases related to the use of copyrighted works

There are some exceptional cases that do not require permission from the authors or paying costs to use a copyrighted work and the law also regulates some cases in which a copyrighted work can be used with a fee but free of permission and the rights of the author or owner are not infringed in these cases too This is because there is the need to make the work popular and accessible for the people who do not have the conditions to get access to it or for many other purposes like education, charity, humanitarian, etc

According to Article 25 of Intellectual Property Law:

- The exceptional cases that work can be used without asking for permission and paying costs related to copyrighted work:

+ Making copies of the work: Copies of the work can be made for the purpose of researching, and learning and these copies must not be made for any commercial purposes In addition, copies of the work can be made to create study materials or to be put in the library These types of actions are not subject to copyright violation therefore making copies of the work for the purposes above does not need to ask for permission

or paying any costs to use the work

+ Making citations: Individuals can make citations of the work but must not

misrepresent the author’s view to create articles, and documents, or include in the scripts for television programs Making citations of the work for teaching without commercial purposes can also be exempt from asking for permission and paying costs to use the work

+ Other situations related to this type of exceptional case: Performing theatrical works

or other types of performances in promotional activities without collecting money, or recording live performances for news reporting or teaching; taking photos or

broadcasting works of art, architecture, photography, or applied arts displayed in public places for the purpose of introducing images of that work; or convert the work into braille for the blind; or import copies of works for personal use

-It is noticeable that there are still some other exceptional cases that do not require the permission of the author but still require payments to use and these cases are often related to broadcast without sponsorship and advertising The specific cases are listed in Article 2ft of the Intellectual Property Law But it is important to note that the use of cinematographic works for sponsorship broadcasting, advertising, or any other activities

to gain income would be still required to ask for the permission of the owner of copyrighted cinematographic works as well as paying the fees

7) Methods that the creator or owner of copyrighted work can use to protect it

It may be stating the fact that the creator or legal owner of copyrighted work has the right to prevent their works from being used without permission or other actions related to copyright violation According to Article 19ff of Intellectual Property, the creator or owner of copyrighted work can use these specified methods as a way to protect the work :

- Using technical means to prevent copyright violations,

- Ask the organizations or individuals that have committed acts of violating intellectual property rights to stop that action as well as apologize, make public corrections and compensate for it