VIETNAM NATIONAL UNIVERSITY SCHOOL OF LAW GRADUATION THESIS DEPARTMENT: CIVIL LAW Student : Nguyen Phuong Hoa Instructor: Dr. Tran Kien Hanoi — 2022 VIETNAM NATIONAL UNIVERSITY SCHOOL OF LAW COPYRIGHT PROTECTION FOR CINEMATOGRAPHIC WORKS UNIVERSITY GRADUATION THESIS DEPARTMENT: CIVIL LAW Student : Nguyen Phuong Hoa Instructor: Dr. Tran Kien Hanoi — 2022 TABLE OF CONTENT CATALIN EEE oases reese couse a we cates tat ta tet Ekg fen es esa „401G0 HT; GIEIMEINTỂ. IIEE1INEDDTT7 tụị,.
tuc Met ME MERU LUA MUON Nain Din Mics eile CM cS c NM RMN ON 1 I. Rationale Of (he Besar 0. ccicsnutoencthenddonnsblinsdvennslienndebbaddldbicelicalliandanien 1 Ie eiferabiie REMC 6122.0 cuca ce a att eae 2 II.:seieiierieieieinoikreiesdbssssssiiappiss2seessoses 6 YŸ. Research SC0OD€::--:::-::::-:<:::5:-:::2cccz2t2SES6015600020600550121116215610115103401633555 5539143 6 VI.
The layout of the researCH. -xxnv nH Thành TH TH TH TH TH Thiện Ð ŒGENERAL A4RTICLE ON COPYRIGHT PROTECTTION. --- ---<- 9 FOR CINEMAITOŒGRA1IPHIC WR K/S. Whe CONCEP Of COPYTIONE ss cccvsecccesecesewcouseweressseuerereenesrauesonemmmeemmemueemnats 9 1.
Features of Copyrigh sssccssswescnsvecsevenusesneveceesveceenuiermenmanaeanmsces 13 1:2. CoHCepí 0Í CÍHEIMHHC WOIĂSösosooadnatoditiosatgBtddiSG10338115354384445014g8888 17 1. Features 0ƒ cineimafogrqaphiC WOFĂS. Copyright protection for cinematogøgraphic works.
--- 21 CET APT RID 3 iis cis verti o2, H2-ĐNGHIINGIEIGLBEBGL. 24 SOME LEGAL ISSUES REGARDING COPYRIGHT PROTECTION. 24 FOR CINEMA TOGRAPHIC WORKS.ssssssssssssssssssssssssessesessssssscsssssessssssseesesees 24 2, Deda NOME NEAT we ten st eich Aion Bonin Banc Beran Minn debM RN WN cob SoA 24 Dol. (PROLECL EM STUDY CE Cree cats a un cease eMac cM Madi ad da RM IM ae a 24 I0 IV HNHENU RIN HIẾN tữúeysu0012006626060uliccdgS2AMEESu051038/00300M400ab2db.osJB6cisdgitodgbto4lf0I9/2660500208 27 2.
Put your real name or pseudonym on the work; be given a real name or a pseudonym when the woFk is pHbÌished, HSỈHE. Publish the work or quthorize others to pHblish the worK. Protect the integrity of the WUOĂ. Economiic ri hfS.
- - - - < s ng TH TT HH re 30 2. Right to communicate works to the public using wireline, radio, electronic information networks, or any other technical Hedns. Right to make dleFiVAfÏV€ MĐOFÏS., Right to copy the: Wt ves sesenvoveseverszverervesanrseservecsvereseeeemanmcneanmcess 42 2. Right to distribute or tInport origindls or copieS 0ƒ wofĂS.
Right to perform the work in DHĐÏÏC.- 5 5S Se si sekseskkserskrsree 45 2. Right to renftal the origindl or C0Dÿ WĐOFS. Principles of fair use in cinematogøraphic works.- ---- -- «<5 47 CHHANGIEN HH: :ụị:. nu „tt REL alg aoe Bonini Meni Masi Miles le RNs Nc Nt 50 THE SITUATION OF IMPLEMENTATION OF COPYRIGHT FOR.
50 MOVIE WORKSIN, VEE TINA i estcstecciiucs Wie WecMerllbisBeccdlcod Medel Qesisiadiins 50 3. Actual situation of copyright infringement for cinematographic works 1n Vile tna Wi ysseeess sess cores cron ares camiseneraverrenereeemeenrcesreeneraven means aniaserisieeeeeees 50 3. Assessing the SUUQUON seccsessscvssrsaserecsmexsecnsusrassmnaa eae EETER RES 50 31:2.L- i00 eosin athieaalibn teat ABnaitscednadelablt calls slit Seuauetuts, 53 22 CANINE ic, t0111900121010200112101L2012L00082E062-02.-65282086-2088520001210905-E06/NM8u 58 CPAP EI TN ict UA AIOE ec al a Mal al ac adic dead asics aoe Bacal a 63 RECOMMENDATIONS FOR FINISHING THE COPYRIGHT PROTECTION MECHANISM FOR MOVIE WORKS. Completing the legal provisions on authorship for cinematographic 4.
Enhance the application of technical measures to protect copyright in cinemafopraphiC WOTKS ;:-‹¿:::-z::::z:cs<62c2556252516605316566165516615136616355L85E813E14355531555515818 68 4. Developing an organization for collective management of copyright in cinematographic€ WOFKS .- --G- - Gv HH ng HT nh 69 4. Improve the capacity and professional knowledge of State agency officials as well as the people's knowledge and awareness about copyright issues for cinematographic WOFKS.-- -- - SH ngư 71 CON ÙÏT) ÏÉ. 5 + E91 1E SE TT TT TH HT TH TH HT Hà Tnhh 73 [70/70/0 (74.
7 GUARANTEE I hereby declare that this report is my research. The documents and materials used in the report have clear sources, and the research results are my honest labor process. Thesis author Nguyen Phuong Hoa ACKNOWLEDGEMENTS My name is Nguyen Phuong Hoa, a student in class K63 - CLC. I would like to thank the School of Law - Vietnam National University, Hanoi; The training institution has provided all conditions and support for us to complete this scientific research.
I would like to thank the Department of Civil Law, which received my graduation thesis; encouraged, helped, and supported us to complete this scientific research. I would like to express my deep gratitude to: - Dr. Tran Kien, the teacher who wholeheartedly, directly guided, encouraged, and guided me during my study, research, and completion of this scientific research project. Finally, I would like to give all my love and gratitude to the relatives and friends around, who have been by my side to support and encourage me in the process of researching this topic.
Although the research topic has many shortcomings, I believe that this is a good opportunity for me to study, train myself, cultivate knowledge, and create a premise for my future education and career. Hanoi, June 2022 Nguyen Phuong Hoa PREAMBLE I. Rationale of the research In modern life, cinema is the latest art form to be discovered, also the most advanced and complex art form, which is extremely elaborately invested. Cinematographic work, in the process of development since the late 19th century, has transformed from a purely novel form of entertainment into an art and the most important tool of mass communication and entertainment in society.
The richer cultural exchanges and popular tastes create the impetus for the increasingly strong development of the film industry. Born in 1953, up to now, Vietnam Cinematic background has built a complete institution, from a system of training institutions for actors, directors, cinematographers, and other professional fields, a system of the film production unit and the operation management unit of the film industry is the Vietnam Cinema Department. As an important field, having a special role in social life, the Vietnamese film industry is invested by the state in material facilities and relatively complete facilities and equipment, and a system of legal regulations to contribute to the development of the industry. However, the growing development of the film industry is not only of cultural value but also of great economic value, with movies earning thousands of billions of dong.
Because of the great economic benefits, more and more we see violations of the copyright of cinematographic works. The situation of watching movies, downloading movies, using, and transforming images cut from movies,. without paying the author's compensation is happening more and more. These actions directly affect the psychology of the author, making them reserved and unmotivated to continue creating because the newly born brainchild was immediately copied and stolen.
1 with just one click or a phone with a built-in camera. That is why countries around the world also create a strict legal corridor to protect the rights of the creators of cinematographic works. However, in Vietnam, the issue of copyright infringement for cinematographic works in Vietnam is becoming more and more persistent in society as the rights infringement acts are increasingly sophisticated and pervasive, but the provisions of the law are still loose and difficult, making it difficult for the filmmakers themselves to understand the legitimate rights they are entitled to. Because of the above reasons, the author chooses the topic "Copyright protection for cinematographic works" to do the graduation thesis.
Literature review The issue of copyright in general and copyright for cinematographic works, in particular, are issues that attract attention and pose many challenges for researchers. However, until now, the number of studies and articles on copyright is generally quite modest. From a general research perspective on copyright, several research works and articles can be mentioned, such as: “Harmonizing copyright interests - Law and enforcement” — Dr. Vu Manh Chu - Director of the Copyright Office.
- “Copyright protection in Vietnam” — Dr. Vu Manh Chu - Director of the Copyright Office. - “Literature and Art Creation and Copyright in Vietnam” — Dr. Vu Manh Chu - Director of the Copyright Office.
- “Jnadequacies in the current intellectual property law provisions on copyright and related rights” — Dr. Tran Van Hai — Faculty of Management Science — University of Social Sciences and Humanities, Vietnam National University, Hanoi. - “Copyright protection for derivative works” — Dr. Tran Van Hai - Head of Intellectual Property Department, University of Social Sciences and Humanities - Vietnam National University, Hanoi.
- “Commercial exploitation of traditional knowledge — approach from intellectual property rights” — Dr. Tran Van Hai - Head of Intellectual Property Department, University of Social Sciences and Humanities - Vietnam National University, Hanoi. The works and articles mentioned above only research and analyze the legal provisions on intellectual property at a general level for all types of protected objects and rights. The analysis of the characteristics and differences in copyright protection for different types of works has not been studied deeply for a specific type of work.
In particular, these works and articles do not mention or study the copyright of cinematographic works at all. From a research perspective on the problem of infringement and settlement of infringement, there are several research projects and topics such as: - "The current status of dispute settlement over copyright in Vietnam in the period 2006-2012 and some proposals for further improvement of the law and enforcement on intellectual property" - Authors: Dr. Nguyen Hop Ton, Assoc. Nguyen Thi Thanh Thuy, Assoc.
Tran Van Nam - National Economics University. - "Mechanism for resolving disputes over intellectual property rights in the Internet environment" - Author Hong Long Huy - Bui Tien Quyet - Institute of Intellectual Property Science (VIPRI). - “Data sharing in the Internet environment and issues related to copyright” — MSc. Nguyen Thi Tuyet - Faculty of Civil Law, Hanoi Law University.
The research papers and topics on infringement and resolution of intellectual property infringement partly have research related to cinematographic works, but the research is not specialized. That is, the copyright protection of cinematographic works is not set up as the main and only object of research, but only considers it as a small component and researches integrated with other subjects. It is easy to see that most of these studies tend to focus on the form of intrusion via the Internet. Although this is the main form of infringement, there are still traditional forms of infringement (piracy disc plagiarism) and especially the tendency to infringe through applications of smart electronic devices.
Application is a serious and widespread form of infringement along with the development of technology but has not been studied. In particular, about the research works and topics on copyright for cinematographic works in which cinematographic works are posed as the main research problem, until now, the thesis "Copyright protection for cinematographic works” by Master Truong Thi Da Thao. Although this thesis has touched on many painful issues of copyright protection for cinematographic works, it still ignores many issues and seems to only refer to the issues of the Conference with The topic "Copyright in the field of cinematography to raise awareness of copyright protection in the process of creating, exploiting and using cinematographic works" by the Copyright Office in collaboration with the Department of World Intellectual Property Organization (WIPO) organized with topics such as Importance of copyright to the film industry; Copyright in the filmmaking process: from implementation to production to distribution and screening; Finance and distribution environment; Collective management of copyright and related rights in the field of audiovisual. Thus, in Vietnam, the research on copyright for cinematographic works is still very fuzzy and limited.
There are many existing issues in copyright protection of cinematographic works that have not been studied, such as the specificity of cinematographic works, the specificity of some rights of cinematographic work copyright, the role of associations, and collective management organizations in the field of cinema,. In this topic, the above issues will be researched and analyzed to supplement the research to clarify the provisions on copyright protection of cinematographic works. The previous works and research topics of the authors will be a valuable reference source, serving as a basis for studying copyright issues for cinematographic works.