MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY VU DAO HOANG LINH 452665 PROTECTING RELATED RIGHTS FOR BROADCASTING PROGRAM ACTUAL SITUATION AND RECOMMENDATION: Hanoi - 2024 STATUTORY DECLARATION 1 herewith formally dectare that I myself have written the submitted Bachelor's Thesis independently, the conclusions and data in the Bachelor's ‘Thesis are truthfully and reliable/. Confirmation of supervisor Author of Bachelor's Thesis ‘Master Pham Minh Huyen VU DAO HOANG LINH ii ACKNOWLEDGEMENTS First of all, I would like to express my sincere gratitude to my supervisor, Ms. Pham Minh Huyen, for her guidance and invaluable expertise throughout this thesis. Her constructive feedback and constant encouragement have been instrumental in shaping this thesis and pushing me to achieve my best.
Tam also immensely grateful to the members of Intellectual Property Law department of Hanoi Law University, whose support and resources have ‘been indispensable throughout my academic joumey. I am grateful for the opportunities provided to me, which have allowed me to grow both personally and professionally. 1 am deeply indebted to my friends and family for their unwavering support, understanding, and encouragement. Their belief in me, even during the most challenging times, has been a constant source of motivation Their love and encouragement have sustained me throughout this thesis journey.
Lastly, I would like to express my heartfelt gratitude to all the authors, researchers, and scholars whose work has laid the foundation for this thesis. Their contributions have shaped my understanding and inspired me to delve deeper into the subject matter This thesis would not have been possible without the support and guidance of the individuals and institutions mentioned above. I am truly grateful for their contributions, and I consider myself fortunate to have had their support throughout this academic endeavor. Author of the Bachelor's Thesis VU DAO HOANG LINH LIST OF ABBREVIATION WIrO ‘World Intellectual Property Organization viv Vietnam Television vov Voice of Vietnam.
NOP National Office of Intellectual Property wWTo World Trade Organization TRIPs Trade-Related Aspects of Intellectual Property Rights CMOs Collective Rights Management Organizations VCPMC Vietnam Association of Music Recording Rights Management DALO Vietnam Artists, Literary and Dramatic ‘Works Association DRM Digital Rights Management VIA Vietnam Television Association PREFACE 1. Research objectives and tasks. 4, Research object, scope, and methodology av} 5. „18 CHAPTER 1: GENERAL THEORETICAL FRAMEWORK ON RELATED RIGHTS OF BROADCAST PROGRAMS.
Overview of "Broadcasting", Broadcast Programs, and Broadcasting Organizations 14 1. Overview of "Broadcasting" 4 1. Overview of Broadcast Programs. Overview of Broadcasting Organizations 17 1.2 Overview of Related Rights Protection Activities of Broadcasting Programs.1 Overview of Protection Activities in the Field of Intellectual Property 19 1.2 Overview of Related Rights of Broadcasting Programs.
22 CHAPTER 2: INTERNATIONAL LAWS AND VIETNAMESE LAW ON THE PROTECTION OF RELATED RIGHTS FOR BROADCASTING PROGRAMS.1 Regulations on the Protection of Related Rights for Broadcasting Programs in Some Intemational Legal Documents 5 3. United States of America (USA) 30 3. Regulations on the Protection of Related Rights for Broadcasting Programs in Vietnamese Law 36 2.1, Overview of Vietnamese Law on the Protection of Related Rights of Broadcasting Programs 36 3. Subjects of Related Rights of Broadcasting Programs\.
Entities Entitled to Related Rights of Broadcasting Programs 43 2.24, Content of Related Rights of Broadcasting Programs. Protection Periods for Broadcasting Rights 46 3. Limitations on the Related Rights of Broadcasting Programs 49 2. Measures to Protect the Related Rights of Broadcasting Programs 52 CHAPTER 3: PRACTICES AND SOLUTIONS TO ENHANCE THE EFFECTIVENESS OF PROTECTING RELATED RIGHTS OF BROADCASTING PROGRAMS.
Practices in Protecting Related Rights of Broadcasting Programs in Vietnam. Achievements in Protecting Related Rights of Broadcasting Programs 55 3. Remaining Limitations in Protecting Related Rights of Broadcasting Programs 37 3. Solutions to Enhance the Effectiveness of Protecting Related Rights of Broadcasting Program 58 321.
Strengthening the Legal Framework and Enforcement ‘Mechanisms 58 3. Technological Solutions and Industry Cooperation 60 CONCLUSION. Research rationale ‘Throughout the research process, it has become apparent that there is a scarcity of comprehensive materials and analyses available on the topic of protecting related rights for broadcast programs. This dearth of scholarly attention highlights a critical gap in the existing discourse surrounding broadcasting law and intellectual property rights Consequently, there is an imperative need to delve deeper into this subject matter to offer additional perspectives, insights, and analyses regarding the multifaceted issues at hand, Given the limited attention paid to this topic within academic and legal rcles, the decision to undertake research in this area becomes even more pertinent.
By focusing on the protection of related rights for broadcast programs, this research seeks to fill an important void in the existing literature, providing a ‘more nuanced understanding of the legal complenities and challenges faced by broadcasters, content creators, and other stakeholders in the broadcasting industry Moreover, as broadcasting technology continues to evolve and digital platforms become increasingly prevalent, the urgency of addressing issues ‘elated to rights protection becomes ever more apparent. The lack of robust legal frameworks and effective enforcement mechanisms exacerbates the vulnerability of broadcast program rights to infringement and exploitation in the digital environment Therefore, this research endeavors to shed light on the urgency of addressing these challenges by offering comprehensive analyses, practical insights, and actionable recommendations aimed at enhancing the legal protection afforded to broadcast program nights. By contributing to the academic discourse and informing policy debates, this research seeks to stimulate further research and advocacy efforts in this crucial area of broadcasting law and intellectual property rights 2. Foreign Publications Comparative Copyright Law (2022) by Ginsburg et al.: Analyzes legal frameworks for protecting copyright and related rights in various countries, enablinga comparative analysis of Vietnam's approach.
Intemational Copyright Law (2022) by Leaffer Offers a broader perspective on intemational copyright law, including related nights. Copyright Law A Comparative and Intemational Approach (2021) by Samway: Provides an altemative approach to comparative copyright law analysis Copyright and Development (2017) by Perrone and Tew. Explores the relationship between intellectual property and economic development, potentially offering insights for Vietnam, Copyright Law and Developing Countries (2019) by Rai: Focuses on developing countries’ perspectives on copyright law, potentially offering valuable insights for Vietnam. The Future of Copyright in a Globalized World (2018) by Ricket Explores broader trends in copyright law relevant to Vietnam's broadcasting industry Copyright Enforcement in the Digital Age (2021) by Trepte and Samarajiva: Examines challenges associated with enforcing intellectual property fights in the digital realm, analyzing online piracy's impact on broadcasting programs.
Copyright in the Digital Era (2022) by Goldman: Offers an altemative perspective on copyright enforcement in the digital age Online Copyright Infiingement (2020) by Sell: Provides a specific focus on online piracy and its mechanisms The Future of Intellectual Property Enforcement (2019) by Rai & Gowder. Explores future trends in intellectual property enforcement, potentially relevant to Vietnam. Intemet Piracy: Threats and Solutions (2018) by Choi: Analyzes global piracy trends and potential solutions The Digital Copyright Dilemma (2017) by Lessig: Offers a critical perspective on digital copyright and its challenges. Fair Use and the Future of Copyright (2016) by Boyle: Discusses the concept of fair use and its potential role in balancing rights holders’ interests with publicaccess.
Domestic Publications A Guide to Intellectual Property Law in Vietnam (2022) by Baker & McKenzie: Offers an intemational law firm perspective on Vietnam's intellectual property law. Vietnam's Intellectual Property Law. A Practical Guide (2021) by Rouse: Presents another international law firm's perspective on Vietnam's intellectual property law. Intellectual Property Rights in Vietnam (2020) by Tileke & Gibbins Provides another intemational law firm's perspective on Vietnam's intellectual property law.
Research objectives and tasks 3. Research objectives The primary objective ofthis thesis is to critically examine the current situation regarding the protection of related rights for broadcast programs, identifying gaps, deficiencies, and emerging challenges within existing legal 10 frameworks. Moreover, this research aims to propose recommendations and strategies for enhancing the effectiveness of legal mechanisms in safeguarding the nights of broadcasters and other relevant parties in the broadcasting sector.2, Research tasks Intthis thesis, I will explore the legal intricacies surrounding the protection of related rights for broadcasting programs. The overarching goal ofthis research is to delve into the legal concepts, principles, and mechanisms that underpin the safeguarding of broadcast program rights, with a focus on both international and domestic legal frameworks.
To begin, I will conduct a thorough analysis of intemational treaties, conventions, and domestic legislation pertinent to the protection of broadcast program rights. By examining these legal instruments, I aim to elucidate the foundational principles and guidelines goveming the rights of broadcasters and content creators in the broadcasting industry. Following this, I will critically evaluate the effectiveness and adaptability of enforcement mechanisms and regulatory frameworks in ensuring the protection of broadcast program rights This evaluation will encompass an assessment of the adequacy and efficiency of existing legal provisions in addressing contemporary challenges faced by broadcasters and rights holders, Moreover, I will conduct an in-depth examination of case studies and precedents related to disputes, inffingements, and enforcement actions conceming broadcast program rights. Through the analysis of these cases, I intend to identify key legal issues and practical implications, shedding light on the complexities inherent in the protection of broadcast program rights Drawing insights from these analyses, 1 wall formulate practical recommendations and propose policy interventions aimed at strengthening the legal framework for protecting broadcast program rights.
These recommendations may include legislative reforms, enhancements to enforcement " strategies, and the promotion of industry best practices, all geared towards fostering a robust and equitable environment for broadcasters and rights holders. By undertaking this research, I aim to contribute to the advancement of legal scholarship in the field of broadcast program rights protection and to provide actionable insights for policymakers, industry stakeholders, and legal practitioners seeking to navigate and uphold the rights of broadcasters and content creators in an increasingly dynamic media landscape 4. Research object, scope, and methodology 4. Research object The primary research object of this thesis is the legal framework goveming the protection ofrelated rights for broadcast programs, encompassing relevant national and intemational laws, treaties, conventions, and regulatory instruments.
Research scope ‘This research focuses on the analysis andassessment of legal mechanisms and regulatory frameworks pertaining to the protection of broadcast program rights within the context of Vietnamese law and intemational Legal instruments The scope includes examining pertinent issues such as copyright, neighboring fights, Licensing arrangements, enforcement procedures, and technological developments affecting broadcast program rights 4. Research methodology The research methodology employed in this thesis comprises a comprehensive literature review, doctrinal analysis of legal sources, comparative legal analysis, case studies, and qualitative research methods. Primary data collection methods include interviews with legal experts, industry stalceholders, and regulatory authonties, supplemented by documentary analysis and legal interpretation. Research contributions This research contributes to the existing body of legal scholarship by providing a systematic analysis ofthe protection ofrelated rights for broadcast programs, offering insights into the challenges and opportunities facing the broadcasting industry in the digital age The recommendations and policy proposals put forth in this research aim to inform legislative reforms, regulatory interventions, and industry practices conducive to the effective protection of broadcast program rights and the promotion of creativity, innovation, and cultural diversity in broadcasting 6.
Research structure In addition to the preface, literature review of previous researchers related to the topic, conclusion and references, the contents and results of the Thesis include three chapters Chapter 1. General theoretical framework on related rights of broadcast programs Chapter 2. Intemational laws and Vietnamese law on the protection of related rights for broadcasting programs Chapter 3. Practices and solutions to enhance the effectiveness of protecting related rights of broadcasting programs 13 CHAPTER 1: GENERAL THEORETICAL FRAMEWORK ON RELATED RIGHTS OF BROADCAST PROGRAMS 11.
Overview of "Broadcasting", Broadcast Programs, and Broadcasting Organizations LLL Overview of "Broadcasting" The tem “broadcasting’ originally derived from agricultural and industrial contexts, signifying the action of sowing seeds over a wide area, particularly by hand. American engineers later found this term fitting to describe the concept of transmitting signals wirelessly to the public.