ĐẠI HỌC QUỐC GIA HÀ NỘI KHOA LUẬT Đặng Trần Bảo Trâm LAW ON COPYRIGHT PROTECTION IN THE AGE OF DIGITAL TRANSFORMATION KHÓA LUẬN TỐT NGHIỆP ĐẠI HỌC CHUYÊN NGÀNH LÝ LUẬN VÀ LỊCH SỬ NHÀ NƯỚC VÀ PHÁP LUẬT Hệ đào tạo: Chính quy Khóa học: QH-2018-L-CLC HÀ NỘI, 2022 ĐẠI HỌC QUỐC GIA HÀ NỘI KHOA LUẬT ----------------------- Đặng Trần Bảo Trâm LAW ON COPYRIGHT PROTECTION IN THE AGE OF DIGITAL TRANSFORMATION KHÓA LUẬN TỐT NGHIỆP ĐẠI HỌC CHUYÊN NGÀNH LÝ LUẬN VÀ LỊCH SỬ NHÀ NƯỚC VÀ PHÁP LUẬT Hệ đào tạo: Chính quy Khóa học: QH-2018-L-CLC NGƯỜI HƯỚNG DẪN: PGS. TS Nguyễn Minh Tuấn HÀ NỘI, 2022 PLEDGE I hereby declare that this thesis is an independent research work under the guidance of Assoc. Dr Nguyen Minh Tuan. The entire content of the thesis is the product of research efforts during my time studying at the School of Law - Vietnam National University, Hanoi.
All references used in this writing are from credible sources and have been fully cited. I promise that if any problems arise, I will take full responsibility. STUDENT’S SIGNATURE Đặng Trần Bảo Trâm ACKNOWLEDGEMENT First and foremost, I would like to express my sincere gratitude to Assoc. Dr Nguyen Minh Tuan who directly supported me academically throughout the process of writing this thesis.
I would also like to express my appreciation to all dedicated lecturers at the School of Law who had taught and helped me during my four years of studying here. Finally, I would like to thank my family and friends for always believing in me. If it were not for your tremendous encouragement and support, I would never have the courage to explore my potential. Ha Noi, 2022 TABLE CONTENTS LIST OF ACRONYMS 7 INTRODUCTION 8 1.
PURPOSE OF THE THESIS 9 3. SIGNIFICATION OF THE THESIS 11 5. SCOPE AND METHOD OF THESIS 11 6. STRUCTURE OF THE THESIS 12 CHAPTER 1: OVERVIEW 13 1.
DEFINITION, CHARACTERISTICS, CONTENT AND CONDITIONS OF COPYRIGHT 13 1. CONDITIONS FOR COPYRIGHT PROTECTION 16 2. DEFINITION, CHARACTERISTICS, CONTENT OF COPYRIGHT PROTECTION 17 2. PURPOSE OF COPYRIGHT PROTECTION 19 3.
COPYRIGHT PROTECTION IN THE AGE OF DIGITAL TRANSFORMATION 23 4. ADVANTAGES OF DIGITAL PLATFORM IN PROTECTING COPYRIGHT 23 4. CHALLENGES OF DIGITAL PLATFORM IN PROTECTING COPYRIGHT 23 5. SUB-CONCLUSION 24 CHAPTER 2: DEVELOPMENTS OF LAW ON COPYRIGHTS IN VIETNAM AND IN THE WORLD 26 1.
HISTORY OF LAW ON COPYRIGHT IN THE WORLD 26 2. HISTORY OF LAW ON COPYRIGHT IN VIETNAM 29 3. SUB-CONCLUSION 32 CHAPTER 3: INTERNATIONAL EXPERIENCES AND LESSONS LEARNT FOR VIETNAM 34 1. WIPO COPYRIGHT TREATY 38 2.
COPYRIGHT REGULATION IN DIGITAL PLATFORM IN SOME COUNTRIES 39 2. US COPYRIGHT LAW 39 2. Development of copyright and copyright protection 39 2. Copyright protection on digital platform in the United States 41 2.
JAPAN COPYRIGHT LAW 44 2. Development of copyright and copyright protection in Japan 44 2. Copyright protection on digital platform in Japan 46 3. SUB-CONCLUSION 47 CHAPTER 4: THE REALITY OF COPYRIGHT PROTECTION IN VIETNAM IN THE AGE OF DIGITAL TRANSFORMATION AND RECOMMENDATIONS 48 1.
THE REALITY OF COPYRIGHT PROTECTION IN DIGITAL PLATFORM IN VIETNAM 48 1. Legal documents on copyright in digital environment 48 1. Subject of copyright in digital platform 49 1. Object of copyright in digital platform 52 2.
Content of copyright in digital platform 53 2. Copyright protection mechanism in digital platform 60 2. ACHIEVEMENT ON PROTECTING COPYRIGHT IN DIGITAL PLATFORM 64 2. SHORTCOMINGS AND CHALLENGES 65 3.
SUB-CONCLUSION 70 CONCLUSIONS 71 REFERENCES 72 LIST OF ACRONYMS Abbreviation Explanation DMCA Digital Millennium Copyright Act IP Intellectual property ISPs Internet Service Providers TRIPS Agreement The Agreement on Trade-Related Aspects of Intellectual Property Rights TPMs Technological Protection Measures INTRODUCTION 1. Thesis rationale Intellectual property has always been a topic of debate for many legal experts. It is also considered quite a modern topic regulated by law as it was only recognized a few centuries ago. Article 27 of the Universal Declaration of Human Rights has recognized: “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” The right was also recognized in many other important international legal documents.
In Vietnam, the law has notably progressed throughout the years to adapt with the needs to protect IP. In 1995, Vietnam Civil Code had a whole section for IP. In 2005, Vietnam's first ever Intellectual Property Act came into effect, inheriting and promoting the existing regulations in the Vietnam Civil Code 1995. In the Vietnam Civil Code promulgated 2015, there are many new regulations on IP.
Vietnam has put great effort in protecting IP in legal aspects. When considering IP, there are plenty of layers and aspects to discuss. One of those is copyright. Copyright is a type of intellectual property that gives its owner the exclusive right to copy and distribute a creative work, usually for a limited time.
The creative work may be in a literary, artistic, educational, or musical form. In earlier times, copyright was not a thing as there was neither great profit in copying others' work nor means to mass copy and produce them. However, the printer was invented, giving authors and creators great deals of money as it could easily print and distribute the works. But at the same time any one can sell or copy and claim the work as their own, leaving the right of authors easily infringed.
Copyright came into existence at the relatively same time the printer was created. Therefore, we could say the birth of copyright is directly related to the innovation of technology. The 21st century has witnessed the massive expansion of technology. It is hard to believe that only four decades ago, there was no internet.
The explosion of the internet has opened a digital era where people can update, store and distribute any types of information on the internet. Thanks to the internet, anyone can make profits from sharing their works and it can reach out to audiences from all over the world. However, the rise of technology does come with bad side effects. As the digital world is quite new, there has debatably not been enough regulation to protect copyright as the cases of copyright infringement still happen frequently on digital platforms.
Now that the quality of life has significantly increased, people have more and more need for entertainment, thus there are more potential profits from creative works on all platforms. In the context that Vietnam is amending Intellectual Property Law to implement its commitments under the European - Vietnam Free Trade Agreement (EVFTA), it is rational to assess the need for strong protection of copyright in the digital age. Purpose of the thesis This dissertation is written with an aim to provide information about copyright, copyright evolution throughout the years, point out some shortcoming of current regulations and give some suggestions. To provide the information, the thesis will give basic information about copyright.
What is copyright, why do we need it, why do we need to improve the protection in the digital age? The thesis will also give information about the copyright evolution of the world in general and in Vietnam to be specific. To point out the shortcoming of copyright in Vietnam, the thesis will investigate the current regulations to see any nonconformities and present the copyright regulation in other countries to find the recommendations that are suitable for Vietnam. Literature review The issue of copyright protection is the topic of interest for many national and international legal researchers, some of which can be mentioned as follows: - Le Thanh (1942), Quyền tác giả. Tri Tân : Tạp chí ra hằng tuần, số 55 - Điêu Ngọc Tuấn (2004), Khái quát về quyền tác giả và bảo hộ quyền tác giả ở Việt Nam, Tòa án nhân dân - PGS.TS Trần Văn Nam (2014), Quyền tác giả ở Việt Nam: Pháp luật và thực thi, NXB Tư pháp Hà Nội.
- Phạm Thị Hương Giang (2008), Công ước Berne và việc thực hiện trong lĩnh vực xuất bản ở việt nam, Luận văn thạc sĩ, Đại học Quốc gia Hà Nội - Nguyễn Phương Nhung, Vũ Công Giao (2017), Bảo vệ quyền tác giả và quyền liên quan theo pháp luật Việt Nam, - Trịnh Văn Tú (2012), “Bảo hộ quyền liên quan theo Luật Sở hữu trí tuệ Việt Nam”, Luận văn Thạc sĩ ngành Luật dân sự, Khoa Luật, Đại học Quốc gia Hà Nội. - Trần Kiên (chủ biên) (2020), Luật sở hữu trí tuệ Việt Nam dưới thời pháp thuộc, NXB Đại học Quốc gia Hà Nội - William Fisher (2001), Theories of intellectual property, Stephen Munzer, ed. New Essays in the Legal and Political Theory of Property, Cambridge University Press. - Peter Drahos (1996), The philosophy of intellectual property - Justin Hughes (1988), The Philosophy of Intellectual Property - Lawrence C.
Becker (1993), Deserving to Own Intellectual Property, 68 Chi. 609 However, the subject of copyright protection in the digital age is still quite limited in researches: - TS. Vũ Thị Phương Lan (2018), Bảo hộ quyền tác giả trong môi trường kỹ thuật số theo điều ước quốc tế và pháp luật việt nam, (sách chuyên khảo), Đại học Luật Hà Nội. Vấn đề bảo hộ quyền tác giả trên Internet theo quy định của các điều ước quốc tế và pháp luật Việt Nam.
Luận văn thạc sĩ, Đại học Quốc gia Hà Nội, Việt Nam - Phạm Thị Mai Khanh (2018), Hậu TPP - Việt Nam có cần điều chỉnh các quy định liên quan tới bảo hộ quyền tác giả trong môi trường Internet? Tạp chí phát triển Khoa học & Công nghệ: chuyên san kinh tế - luật và quản lý, tập 2, số 3, 2018 - Shrayberg, Y.Y (2021), Features of Copyright Transformation in the Information Environment in the Age of Digitalization. Signification of the thesis The thesis investigates the origins and purpose of copyright, as well as provides various suggestions to increase the efficiency of copyright protection. The thesis was created with the intention of raising awareness on copyright, contributing to the reform of Vietnam's policies and regulations, and assisting rights holders in preserving their rights in the digital era. The thesis can be used as a reference for legal studies.
Scope and method of thesis Copyright concerned with a lot of aspect but this thesis will only focus on understanding the basic aspects of Copyright under a number of legal systems in the world and in Vietnam such as: object, subject, content, history and acts of copyright infringement; closely adhere to the provisions of the Law on Intellectual Property of Vietnam 2005 amended 2009. Then assessing the adaptability of current regulations on copyright with the rising trend of technology and digital information. In the process of making this thesis, here are some of the research methods that had been used: - Historical method - Methods of document research. - Methods of analyzing and synthesizing information.
Structure of the thesis Chapter 1: Overview of copyright in the age of digital transformation Chapter 2: Developments of copyright in the world and in Vietnam Chapter 3: International law and law of some countries on copyright protection in the age of digital transformation Chapter 4: Reality of copyright protection in digital platform in Vietnam CHAPTER 1: OVERVIEW 1. Definition, characteristics, content and conditions of copyright 1. Definition The name of copyright is quite descriptive itself, it is the right to copy the author’s work. Since the day the concept was introduced, the scope of copyright has been much broader, protecting much more than just the right to copy.
In common law countries, this right is often called copyright, in civil law countries, this right is often called author’s right. This is not just a technical difference but there is a reason behind it.