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 a  comedy 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 they complained 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 for violating moral rights and  for 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.




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