What rights does a broadcasting organization have under the amended Intellectual Property Law 2022?

1. What is the broadcasting organization?

According to Clause 4, Article 16 of the Intellectual Property Law, a broadcasting organization is an organization which initiates and carries out broadcasting.

Broadcasting means the transmission of audio or images, sounds and images, reproduction of audio or images, reproduction of audio and images of works, performances, recordings, videos and broadcast programs to the public by radio means, including satellite transmission; The encrypted signal transmission is provided by the decryption medium provided by the broadcasting organization to the public or with the consent of the broadcasting organization (Clause 1 Article 1 of the amended Law on Intellectual Property 2022).

According to Clause 12 Article 1 of the Intellectual Property Law, “a broadcasting organization is the owner of its broadcasting programs unless otherwise agreed with the relevant parties”.

Broadcast programs and satellite signals containing encrypted programs shall be protected under any of the following circumstances:

• Broadcasts and satellite signals carry coded programs of Vietnamese nationality broadcasting organizations;
•  Broadcasts, satellite signals bearing coded programs of broadcasting organizations are protected by international treaties to which the Socialist Republic of Vietnam is a party (Clause 2 Article 17 of the Intellectual Property Law of 2005).

2. What rights does a broadcasting organization have under the amended Intellectual Property Law 2022?

According to Clause 9 Article 1 of the amended Intellectual Property Law 2022, broadcasting organizations exclusively exercise or allow other organizations and individuals to exercise the following rights:

(1) broadcasting and rebroadcasting its programs;

(2) directly or indirectly reproducing all or part of its broadcast program in any medium or form;

(3) shaping their own programs;

(4) Transfer the ownership of its programs in tangible form, distribute them to the public and import them.

Note:

Organizations and individuals, when exploiting and using one, part or all of the aforementioned rights must obtain the permission of the right holder of the broadcast program, and pay the royalties, and other material benefits (if any) to the owner of the rights to the broadcast as prescribed by law or as agreed upon in the case not provided for by law, except for the following cases: 

• Reproduction of broadcast is only for exercising rights; temporary copy according to a technological process, in the network between third parties through intermediary or legal use of broadcast during the operation of the equipment, which has no independent economic purpose, and the copy is automatically deleted and cannot be recovered;
• Subsequent distribution, import for distribution in respect of a broadcast shaping that has been made or authorized by the rights holder to carry out the distribution.
• One of the exceptions that does not infringe the copyright, exceptions for non-infringement of copyright for people with disabilities and limitation of copyright specified in Clause 7 Article 1 of the amended Law on Intellectual Property 2022;
• One of the exceptions that does not infringe the relevant rights and limit related rights specified in Clause 9 Article 1 of the amended Law on Intellectual Property 2022.

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