From the islands of Indonesia, the IP Komodo prowls South East Asia and beyond looking for succulent morsels of intellectual property news with the aim of to raising awareness of South East Asia's IP issues to help people understand this diverse region's IP complexities.
Wednesday, February 6, 2013
A Rare Related Rights dispute in Vietnam
Copyright protection includes Related Rights (also called Neighboring Rights) such as moral rights and performers' rights. These however are rarely enforced as few dispute arise.
In Vietnam a case reported in DTI news concerns acomedy show that was illegally recorded
during one of its performances. Several popular actors appear in the comedy.
The recording was sold as a DVD which uses the actors names too. So theycomplained to the Department of Performing
Arts for having allowed the release of this DVD.
According to the actors' complaint the DVD release, which
they say is poor quality, is likely to harm their reputation. This would be a
violation of their moral rights under article 29.2.b of the IP Law 2005.It is also a violation of their economic
rights as performers, under article 29.3 of the IP Law.
The IP Law provides for fines forviolating moral rights andfor fixing, reproducing and distributing a
performance without authorization, as well as suspension of trade and
confiscation of all infringing materials.
It is not clear that much more will come about other than
the Department of Performing Arts revoking the DVD's release. But it's good to
see underused areas of IP laws reaching the light of day. It helps promote good
IP protection generally and inspires others to protect their creations.