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PROTECTION OF COPYRIGHT IN MUSICAL WORKS IN VIETNAM’S DIGITAL ENVIRONMENT

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  • PROTECTION OF COPYRIGHT IN MUSICAL WORKS IN VIETNAM’S DIGITAL ENVIRONMENT

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HO CHI MINH CITY UNIVERSITY OF LAW THE MANAGING BOARD OF SPECIAL TRAINING PROGRAMS BACHELOR’S THESIS INTERNATIONAL LAW MAJOR PROTECTION OF COPYRIGHT IN MUSICAL WORKS IN VIETNAM’S DIGITAL ENVIRONMENT STUDENT STUDENT ID CLASS SUPERVISOR Nguyen Kim Trang 0955020242 Advance Class 34 LL.M Le Tran Thu Nga HO CHI MINH CITY 2013 Statutory Declaration I hereby affirm that this thesis, submitted in fulfillment of the requirements for the bachelor thesis of the Faculty of International Law, Hochiminh City University of Law, is wholly my own work unless otherwise referenced or acknowledged All thoughts or quotations which were inferred from different sources are clearly cited as such Hochiminh, 15th July 2013 Nguyen Kim Trang INTRODUCTION Necessity of research The development of information technology along with the establishment of the internet has created a popular e-commerce environment in the world, which is also known as digital environment Such environment does not only influence in every respect of life and society including the copyright in musical works, but it also leads to the arising of an urgent demand which is enforcement, amendment and update of legislation in digital copyright, in order to be adequate with the progress of the digital age However, the copyright protection in digital environment is still an issue that is relatively new in Vietnam and does not attract the interest of society in proportion to its importance It is undeniable true that the situation of violation of copyrighted music in the digital environment in Vietnam is a widespread phenomenon, as a result of several specific characteristics of digital technology From that point, this situation causes many negative effects in the creation of the artists, the sustainable development of economy, culture and society as well as the international integration of Vietnam In recent years, even though the government also promulgates a number of legal documents regulating the protection of digital musical works in terms of copyright, the application in practice of such documents not really effective enough to change and ameliorate the situation of copyright infringement of musical works Therefore, it is necessary to carry out the research on the protection of copyrighted music in the influence of the digital environment For that reason, the topic “Protection of copyright in musical works in Vietnam’s digital environment” is chosen for the writer’s graduation thesis All comments and advices are always welcomed to assist the writer in completing this thesis as well as possible 2 Object and delimitation of thesis The protected object in terms of copyright is fairly wide and diversified, including literary works, scientific works, textbooks, teaching courses, press works; stage works; cinematographic works; photographic works; architectural works; computer programs and so on However, in this thesis, the writer only focuses on researching the copyright in musical works Moreover, the copyrighted musical works will be researched in the limited range of digital environment only Besides, although the related rights have the close relationship with the copyright because the activities of the related right holders are the act of using the copyrighted works, the related rights are not researched in this thesis, for they not make any impacts on the protection of music copyright as well as not mentioned in the topic of the thesis Purposes of the thesis The thesis concentrates mainly on analyzing and recapitulating the legislations of copyright protection in musical works in the digital environment as well as studying the use of digital music on the internet, the level of copyright violation of online musical works and the protection of copyright in digital works in practice From that point, the writer can generally assess such issues and thence analyze the applications and implementation of such regulations in practice, in order to find out the problems, the reasons of these problems and the adequate solutions to solve them Methodology To research this topic, the writer will combine various kinds of method mainly including analytical method, synthetic method, statistical method and comparative method In chapter 1, the analytical method was used to define and explain the general concepts and features Additionally, the synthetic and statistical methods were applied to research the real situation of digital music and music copyright in a digital environment In chapter 2, analytical and synthetic method was mainly utilized for analyzing the regulations of domestic law and international treaties in the digital music copyright Moreover, all methods were used to bring out the application in practice of such regulations as well as to compare them with the WCT and DMCA In chapter 3, analytical and comparative methods help to point out the disadvantages, the reasons and the solutions Scientific significance and the value of the thesis’s application This thesis will be one of reference sources for all who want to look up all the regulations on music copyright in the digital environment, which were filtered and synthesized from all legal documents, in opinion of the writer, relating to music copyright in the digital age On top of that, the thesis also gives a general view in the recent practice of music copyright in a digital environment, the disparities between regulation and application which have some reasons and suggestive solutions to solve The writer hopes that the issues in respect of digital music copyright will be concerned more in proportion with its influence and importance Also, this thesis can distribute a small part in perfecting the legal frame as well as cleaning up the use and exploitation of music copyright in a digital environment Structure of thesis Beside Introduction and Conclusion, this thesis is divided into three chapters: Chapter 1: An overview of theories and recent situations of protection of copyright in musical works in the digital environment This chapter introduces an overview of theories of copyright, copyright protection digital technology and the digital age like definition, feature, operative principle, history and development From that, it can point out the specific characteristics of digital environments affecting the music copyright In addition, this chapter also generalizes the real situation of music copyright in the digital environment, which together with the specific characteristics of digital environment leads to the demand of copyright protection in musical works Chapter 2: Regulation and application of protection of copyright in musical works in digital age This chapter mainly generalizes and analyzes the regulations of international treaties including BC, TRIPs and domestic law such as IP Law, CC, PC and other Decree, Joint Circular and Directive adjusting the issues in terms of music copyright in the digital environment Besides, it also compares such regulations with one of WCT as well as presents the application of such regulations in practice, including the effect of the DMCA From that point, the chapter point out some shortcomings Chapter 3: Suggestions in protection of music copyright in digital environment This chapter brings out the back draws which analyzed in both previous chapter and this chapter for clearer, and suggestion in protection of music copyright in a digital environment WORD INTERPRETATION BC Berne Convention BRC Brussels Convention CC Civil Code CL Competition Law CISAC International Confederation of Societies of Authors and Composers DMCA Digital Millennium Copyright Act ENIAC Electronic Numerical Integrator and Computer PC Penal Code IFPI International Federation of the Phonographic Industry IP Law Intellectual Property Law RIAV Recording Industry Association of Vietnam U.S United States of America TRIPs Agreement on Trade-Related Aspects of Intellectual Property Rights VCPMC Vietnam Centre for Protection of Music Copyright VNIC Vietnam Network Information Center WCT WIPO Copyright Treaty WIPO World Intellectual Property Organization TABLE OF CONTENT INTRODUCTION WORD INTERPRETATION TABLE OF CONTENT Chapter 1: An overview of theories and recent situations of protection of copyright in musical works in the digital environment Copyright in musical work 1.1.1 Definition 1.1.1.1 Copyright 1.1.1.2 Protection of copyright in musical work 1.1.2 1.2 Features Digital technology and the present situation of musical works in digital environment 1.2.1 Digital technology 1.2.1.1 The operational principle 1.2.1.2 Definition 1.2.1.3 Applications 1.2.1.4 Development 1.2.2 Characteristics of the digital environment affecting the copyright 1.2.3 Present situation of musical work in terms of copyright in digital age 1.2.3.1 Digital music 1.2.3.2 The general situation of copyright in musical work in digital age Chapter 2: Regulation and application in protection of copyright in musical works in digital age 2.1 Kinds of protected musical works 2.1.1 International treaties 2.1.2 2.2 Domestic law Subjects of copyright in musical works 2.2.1 International treaties 2.2.2 Domestic law 2.2.2.1 The author of copyright 2.2.2.2 The owner of copyright 2.3 Content of copyright in musical works in digital environment 2.3.1 International treaties 2.3.2 Domestic law 2.4 Restriction of copyright in musical works in digital environment 2.4.1 International treaties 2.4.2 Domestic law 2.5 Implementation of copyright in digital musical work 2.5.1 Regulation in implementation of copyright in digital musical work 2.5.1.1 International treaties 2.5.1.2 Domestic law 2.5.2 Authority to manage the implementation of copyright in digital musical works 2.5.3 Protective measures 2.5.3.1 International treaties 2.5.3.2 Domestic law a Protective measures of right holders b Protective measures of related organizations and individuals c Protective measures of enterprises providing intermediary service d Protective measures of competent State body  Civil remedies  Administrative remedies  Criminal remedies  Authority of the competent State body in dealing with the infringements 2.5.4 Application of regulation in copyright in digital musical works Chapter 3: Suggestions in protection of music copyright in digital environment 3.1 Suggestion in regulation on copyright in digital musical work 3.1.1 Perfecting the current regulations on copyright in digital musical work 3.1.2 Enforcing a legal document regulating the protection of music copyright in digital environment 3.1.3 3.2 Joining in WCT as soon as possible Suggestion in implementation of copyright in digital musical work 3.2.1 Enhancing the effect of implementation of competent State bodies in protecting the copyrighted musical works in the digital environment 3.2.2 Improving the awareness of citizens in protecting their copyright in digital environment 3.3 Suggestion in international cooperation on protection of music copyright in digital environment CONCLUSION REFERENCES 61 There are several appeals arising from the situation of violations in the digital music market For example the claim of author Vu Trong Long, who won Bai hat Viet 2011, for damages caused by the fact that his songs were uploaded illegally on the internet without his consent, or the case of author Do Quoc Hung, who claims that more than 10 his albums were released online without his permission that leads to his albums cannot be sold.24 On 26th August 2008, IFPI sends FPT Online a text which notifies that several websites (forum / gate.vn / Nhacso) under the management of FPT Online upload international music files on their sites without the permission of the owners And, there are many other salient examples such as the dispute between website nhacso.net of FPT online and RIAV; the affair that RIAV sues Nokia and IPTV service of FPT Telecom So, it seem that the legislation on protection of copyright is gradually applied by the copyright holders and the protective measures also have the effects in application In 2012, RIAV mandated the MV Corp Company to sign the contracts for allowing to distribute online digital music with 18 websites providing digital music, in which websites such as Zing Mp3, Nhaccuatui, Socbay, Nhac.vui, etc have unanimously charged the listeners for a fee at 1000 VND/song since the first of November, and the others have temporarily locked the free download button in their sites.25 Each website applies a certain form of payment Specifically, on Nhac.vui.vn, users pay through Baokim.vn or Nganluong.vn system But for Zing Store, Nhaccuatui, MegaMusic, the user has to recharge in an "electronic wallet" from the phone scratch cards, ATM cards - Internet Banking, etc to download music While for keeng.vn website of Viettel, the users can use the account of their phone for paying, but only Viettel subscribers can apply this kind of payment 24 TP (2011), ―Copyright in digital music: “The ant yet sues the sweet potato””, http://ictnews.vn/home/Trangnhat/2/Ban-quyen-nhac-so%C2%A0Con-kien-di-kien-cu-khoai/96543/index.ict (accessed on 6/7/2013) 25 Thế Phương (2013), ―Receipt of the royalty on digital music: khong cong cung nhan”, http://ictnews.vn/home/Internet/77/Thu-phi-nhac-so-Khong-thanh-cong-cung-thanh-nhan/109725/index.ict (accessed on 6/7/2013) 62 Since the information about trial charging published, a wave of controversy on the forums and social network has kept growing The controversial issues mostly turn around the difficulties in payment, the high fee and the public acts of taking the advantage of gaps in the law by switching to use the illegal online music sites However, a large part of the users expressed their full support for musical copyright From that point, the "Listener has the sense of copyright" movement was launched to combat the free music downloads that is still spreading in the community After months (from 1st November in 2012), the total proceeds in the song and album download reaches a few hundred million, of which the proceeds in the next month are usually a half higher than the month earlier 26 However, after next months, the actual result shows that the charge for downloading digital music is obviously unsuccessful, because there are no significant differences in free music download before and after the first of November in 2012 It will be a shortcoming if the DMCA is not mentioned in the application of music copyright in the digital environment of Vietnam Such legislation handles the violations of copyright on the internet and acts of production, dissemination of technology, devices and services to bypass the process of managing and using copyrighted products Although this Act is just applied in U.S, but it does not mean that the DMCA cannot apply in Vietnam If the website of a Vietnamese citizen is stored on a host network in the U.S, he will have the risk of being locked account and losing all his data forever, in case that he posts copyrighted music on his site without the consent of the author Also, if his personal blog using the services of companies belonged to or located in the U.S, he can also be wiped out, because the service providers have the responsibility to control and eliminate all contents violating the copyright by the user Even when the Vietnamese citizen’s site does not store on a host in the U.S and he also does not use any services of U.S companies in his blog He can still be punished for the acts of violation The 26 Thế Phương (2013), Will it charge for listening the online music in the second quarter of 2013 ?, http://ictnews.vn/home/Internet/77/Quy-22013-se-thu-phi-nghe-nhac-truc-tuyen/108611/index.ict (accessed on 6/7/2013) 63 companies which developed the applications, like Google Search, Bing, Yahoo! Search, mostly are U.S companies and are bound by the DMCA Then if that citizen is deemed as a violator of copyright, such search engines will send a notice to him and remove his site from search results or delete the entire index data on his servers, meaning that his site is almost invisible to the entire world; meanwhile, the goal to create a website is inviting other people to come and see and making the page becoming more popular, which need much effort to promote In conclusion, despite the drawbacks in regulation, the law system of Vietnam in the protection of copyright in the digital age is basically comprehensive and adequate with the international treaties which Vietnam is a member However, the situation of violation of copyrighted music on the internet still happens abundantly and the application of copyright protection in practice is also not really effective and significant, as a result of several reasons which will be analyzed below Whereas, the DMCA, which is not an effective legislation in Vietnam, can control and deal with the copyright violation in musical works on the internet better and more realizably 64 Chapter Suggestions in protection of music copyright in digital environment 3.1 Suggestion in regulation on copyright in digital musical work 3.1.1 Perfecting the current regulations on copyright in digital musical work Both BC and domestic law obviously not mention and use any words or phrases, which point out the adjustment of them in protecting the copyright in digital environment, in spite of their implication for the binding of their regulations on digital works From that point, BC and IP Law almost not mention particularly about the digital issues such as the concept of digital work and digital environment, the influences of digital environment in copyright, the acts of violation of digital works on the internet and the protective measures of copyright applied only in digital environment Clause 10 Article 28 IP Law is the only clause in IP Law that immediately and precisely uses the term of ―digital means‖; meanwhile, the other articles just use the phrases of ―in any mode or form of expression‖ and ―any technical means‖, which can be inferred that implicatively includes digital form and means As a consequence, it will lead to the confused and ambiguous application of law in identifying the digital musical work as a protective object in terms of copyright as well as several shortcomings in adjusting the matters of music copyright in the digital age In comparison with IP Law, the U.S Copyright Law not only leaves space in almost Articles for digital issues, for instance definition of digital transmission (Article 101); regulation on exclusive rights in sound recordings and musical works performed publicly by digital means (Article 106) and reproduction by libraries and archives in digital format (Article 108), but it also enforces the DMCA of 1998 in Appendix B and uses all Chapter 10 for regulating on definitions, incorporation of copying controls, royalty payments, certain infringement actions, civil remedies and disputes of digital audio recording devices and media It shows that Vietnam does not concern enough about digital issues in 65 terms of copyright yet as well as has an immature, slack control and management in digital copyright Moreover, there are a lot of drawbacks mentioned above, which are differences between the regulation and the reality of application For example, the measures to protect the musical copyright that BC and domestic law stipulate are not effective and adequate to the digital environment where all acts and behaviors are untouchable or invisible and all objects are presented as the virtual forms The acts of violation of copyright are performed mainly by skills of technology that are the use of technologies from computing, electronics and telecommunications to process and distribute music in digital form Hence, the normal measures cannot prevent the acts of violation and protect the musical works from such acts of violation For instance, the measure of confiscation of pirated goods stipulated under the IP Law is almost useless, because the pirated goods are expressed as the digital file on the internet, so it is impossible to confiscate them Meanwhile, the technological measures that the author carries out to protect their digital musical work and enforce their copyright, and the effective legal remedies to protect such technological measures and the RMI against the circumvention of violator can combat the infringements by sophisticated technique as well as to adapt to the development of digital musical works in the technology environment Therefore, Vietnam should amend and supplement the recent regulations on copyright From there, the interpretation and the application of law in order to administer the copyright issues in the digital age will be more easily and effectively 3.1.2 Enforcing a legal document regulating the protection of music copyright in digital environment Because of the specific characteristics of digital environment where every act is performed through the computer and technological divides, perfecting the recent regulations on the protection of copyright is not sufficient As U.S, even though U.S 66 Copyright Law regulates carefully many legal issues arising from digital environment, U.S still adopts the DMCA, a controversial U.S digital rights management law, in order to create an updated version of copyright laws to deal with the special challenges of regulating digital material Also, Vietnam should enforce the specific legislation only adjusting the copyright in the digital environment as well as approve the legal documents guiding the adequate measures and remedies in terms of copyright in the digital environment, authority to manage and deal with the violations in digital copyright, the responsibilities of the State body and other subjects and so on Recently, there is only one legislation regulating directly the issues relating to protection of copyright in digital environment which is Joint Circular no 07/2012/TTLT-BTTTT-BVHTTDL However, such Circular just rules the rights and obligations of enterprises providing intermediary service in the protection of copyright on the internet and telecommunication network environment; meanwhile, there are more other subjects, such as the users and competent State body, and other issues that also need the detail adjustment of law 3.1.3 Joining in WCT as soon as possible Differing from the lack of specific legislations in digital issues of IP Law and BC as analyzed above, WCT considers the internet as an unavoidable trend and the digital technology as an important issue which can influence the protection of copyright and the creation and use of copyrighted musical works Such spirit can be seen in many provisions throughout this convention, for example: For the content of copyright, even though BC and IP Law stipulate fairly clearly about the rights of the copyright holders to their works, especially the right to publish, it just mentions in the publication by broadcasting, wireless communication, loudspeaker or analogous instruments but by uploading on the internet as the digital form Therefore, WCT supplements Article 11 and 11bis BC with such problem by stating, under Article 67 WCT, that: ―Without prejudice to the provisions of Articles 11 (1) (II), 11bis (1) (I) and (ii), 11ter (1) (II), 14 (1) (II) and 14bis (1) of the Berne Convention, authors of literary and artistic works shall enjoy the exclusive right of authorizing any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them‖ Under this provision, the ―way‖, which the mass may access musical works from a place and a time individually chosen by them, obviously includes the download and accessing by internet which people can gain the initiative in obtaining the musical work; meanwhile, the other methods of communication to the public such as broadcasting and performing cannot that For the limitations of copyright, there are not any provisions in BC and IP Law of Vietnam concretely mentions about the restriction of copyright in digital environment Whereas, under Article 10 and the note 8, WCT, as a supplemental document of BC in digital area, also stipulates the ―three steps‖ test which has to be satisfied to provide for limitations of or exceptions to the copyright in members’ domestic law in digital areas In the footnote 8, WCT explains this Article means: ―It is understood that the provisions of Article 10 permit Contracting Parties to carry forward and appropriately extend into the digital environment limitations and exceptions in their national laws which have been considered acceptable under the Berne Convention Similarly, these provisions should be understood to permit Contracting Parties to devise new exceptions and limitations that are appropriate in the digital network environment.‖ Hence, if Vietnam joins in WCT, the authorities and lawmakers will have firmer and more persuasive legal rounds to regulate and enforce the limitations and exceptions tallying with the real situation of the digital environment Furthermore, WCT also completes BC with special rights such as the right of distribution (Article WCT) and the right of rental (Article WCT) 68 For those reasons, the writer holds the opinion that Vietnam should participate in WCT as soon as possible From that point, WCT will become a legal ground and effective protective mechanism of copyright in the digital environment in Vietnam As well as, Vietnam can internalize the WCT and thence build the specific regulation to adjust the copyright in digital age more easily 3.2 Suggestion in implementation of copyright in digital musical work 3.2.1 Enhancing the effect of implementation of competent State bodies in protecting the copyrighted musical works in the digital environment The law system of Vietnam in the protection of copyright in digital age still needs to improve and perfect; however, it is comprehensive and adequate with the international treaties and legislations of other countries Nevertheless, the situation of violation of copyrighted music on the internet still happens abundantly One of the predominant reasons is due to the implementation of State bodies, namely:  The weakness in professional knowledge and specialist skills in respect of technology that leads to many challenges in finding, discovering, preventing the violations and collecting the evidences to prove the acts of violation  The authority to implement or manage the copyright and deal with the infringements is overlap and unclear with too many State bodies such as the Ministry of Culture, Sports and Tourism, Ministry of Information and Communications, Copyright Office, People’s Committee at all levels, Information and Communications Service, Culture and Information Sections and Court As a consequence, such competent State bodies not really carry out their tasks effectively because they can blame on and pass the buck to each other  The dealing with the acts of violation and the violators of competent State bodies is not strict and effective absolutely 69 For such reasons, the government needs to deploy the policies which organize the programs and aid the financial funds to educate the experts in technology and ceaselessly enhance their technological skills to keep pace with the development of the digital age However, together with that, the government also needs to invest in the reform and modernization of information and data systems on intellectual property (IP), as an electronic library of IP, as well as of the material facilities Moreover, it needs to promote the task of inspection, examination and control the websites, the enterprises providing intermediary service and the enterprises, association trading the digital information as well as apply the penalties or sanctions to the acts of violation strictly and absolutely Such actions of State bodies have to perform regularly and strongly Besides that, as mentioned above, it is necessary to enforce the legal documents in which point out the tasks, function, responsibilities and powers of each State body in terms of copyright in digital works 3.2.2 Improving the awareness of citizens in protecting their copyright in digital environment Another main reason leading to the large number of regular violations and disputes in music copyright on the internet is the limited sense of copyright law of people, who are both the violators and the victims Many people in Vietnam think that free upload and download of music on the internet are naturally true regardless of the will and interests of authors Obviously, they lack the knowledge of copyright law and are not ready to change their habit which brings them an unlimited enormous source of music for free On the other hand, there is also another part of people who are aware of their acts violating the copyright but still defy the law, as a result of several shortcomings of legislation and competent State bodies as mentioned above 70 Besides that, without any procedure, the copyright automatically comes up as the same time that the musical work is formed and presented in a certain material form Therefore, the copyright holders only have to prove that they are the creators of such digital music which is original, brand-new and creative in the appearance and the time it made completely, their works will receive the protection of the authorities as a lawful object of copyright However, even though the copyright arises automatically, sometimes it is really difficult to show the evidences proving above factors; moreover, the authority will not be able to safeguard the copyright and the people are not aware of it if the copyright holder was not granted the certificate of registered copyright or at least published his/her works Therefore, it is very important to enhance the awareness and sense of the authors in protecting themselves by initiatively registering their musical work right after finishing it That will protect them better than the situations when they only register their work after the arising of problems or disputes Hence, it should have a feasible policy or campaign which focuses on propagandizing and generalizing the issues in the protection of copyright as well the warning of the risks of dispute to the artists in particular and the citizens in general Such policy may be carried out by:  Popularizing the copyright on the way of books, newspapers, magazines, media and especially the use of the Internet along with the digital environment to promote and disseminate copyright law;  Presenting publicly and straightforwardly to the media the loss of information caused by the breach and the achievements of fighting against the copyright violation, in order to make the users realize the importance of protection of copyright 71 3.3 Suggestion in international cooperation on protection of music copyright in digital environment The internet environment is widespread and global; therefore, the copyrighted musical work in digital environment has the range of use and exploitation surpassing the bind of Vietnam Moreover, Vietnam is still a young and inexperienced country in terms of protection of music copyright in the digital age; hence, we need the supports of developed countries and the benefits obtained from such cooperation that includes:  Gaining the experiences in lawmaking, management and implementation of digital copyright  Improving the programs aiming to educate abroad the experts in respect of protection of music copyright in the digital age  Receiving the protection of international treaties and other countries in outside Vietnam Thus, Vietnam should take part in signing the international conventions relating to copyright in the digital environment and bilateral agreements with foreign countries so as to expand the protective scope of copyrighted musical works of Vietnam As well as, we also need to express our goodwill in the protection of copyright and create the advantage conditions to cooperate with the other countries or world organizations In sum, obviously, these suggestions cannot solve absolutely all shortcomings of the regulation and application of copyright protection in digital environment However, in the opinion of the writer, such suggestions are the most basic, essential and feasible issues which Vietnam needs to perform and fulfill firstly as a premise of a healthy digital environment where the online music can enjoy the strong protection in terms of copyright Anyway, all of these suggestions have to implement comprehensively and regularly in order to archive the strong effect Because when such suggestions are carried out at the same time; imperceptibly, they also support and perfect each other For 72 example, perfecting the recent regulations or enforcing the specific legislation will enhance the effect of implementation as a result of having a clear and strong legal ground, or joining in WCT also improves the international coordination that leading to the increase in perfecting the recent regulations as the result of applying the experiences of developed countries or internalizing the international law CONCLUSION In the status of a newcomer in the copyright area, digital issues still not find their adequate standing place or position of themselves in proportion with their influence and importance in copyrighted musical works However, the government also enforces the amount of legislation implicatively adjusting the matters relating to music copyright in 73 digital environment Such regulations scattered in many legal documents so that it needs to synthesize, list, filter and analyze in order to create an overview of the fully legislation of music copyright in digital age, even though it does not really detail, sufficient, adequate and realizable This issue along with several drawbacks of the competent State bodies creates a disproportion, which is particularly analyzed in this thesis, between the law and the application in practice of music copyright in digital environment Therefore, the legislation in terms of copyright cannot change the alarm situation of violation of copyrighted online music in Vietnam From those points, several suggestive solutions are brought out to improve the legal lobby of copyright protection in musical work in digital environment as well as to protect effectively and prevent the acts of infringement in digital age REFERENCES Constitution of the Socialist Republic of Vietnam 1992 Civil Code Intellectual Property Law Competition Law Penal Code 74 Criminal Procedure Code Decree 100/2006 detailing and guiding the implementation of a number of articles of the civil code and the intellectual property law regarding the copyright and related rights Decree 97/2008 on the management, provision and use of internet services and electronic information on the internet Decree 105/2006 detailing and guiding the implementation of a number of Articles of the Law on Protection of Intellectual Property Rights and on State Management of Intellectual Property 10 Decree 187/2007/NĐ-CP stipulating the functions, tasks, powers and organizational structure of Ministry of Information and Communications 11 Decree 185/2007/ NĐ-CP stipulating the functions, tasks, powers and organizational structure of Ministry of Culture, Sports and Tourism 12 Decree 116/2005/NĐ-CP stipulating specifically the implement of a number of provisions of Competition Law 13 Decree 28/2009/NĐ-CP on sanctioning of administrative violations in the management, provision and use of Internet services and online information 14 Joint Circular no 07/2012/TTLT-BTTTT-BVHTTDL stipulating duty of enterprises providing intermediary service in protection of copyright and related rights in the internet and telecommunication networks environment 15 Joint Circular 03/2008/TTLT-BTTTT-BNV guiding the functions, tasks, powers and organizational structure of provincial Information and Communications Service of provincial-level People’s Committees and Culture and Information Sections of district-level People’s Committees 16 Joint Circular No 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL- BKH&CN-BTP guiding the application of a number of legal provisions to the settlement of disputes over intellectual property rights at People's Courts 75 17 Joint Circular 01/2008/TTLT-TANDTC-VKSNDTC-BCA-BTP guiding the examination of penal liability for acts of infringing upon intellectual property rights 18 Directive 36/2008/CT-TTg stating the responsibilities and functions of the agencies in protecting the copyright 19 Brussels Convention 20 Berne Convention 21 WIPO Copyright Treaty 22 Agreement on Trade-Related Aspects of Intellectual Property Rights 23 Digital Millennium Copyright Act 24 U.S Copyright Law 25 Dr Nguyen Hoai Anh - MA Ao Thu Hoai (2010), Electronic commerce 26 Cimigo NetCitizens (2012), Vietnam NetCitizens Report 2012 27 Dr Le Dinh Nghi – Dr Vu Thi Hai Yen, ―Textbook in intellectual property law‖ 28 Kamil Idris, ―Intellectual Property- an efficient tool to develop the economy‖ (Vietnamese version) 29 Ministry of Commerce, Electric Commerce 30 IFPI (2013), ―IFPI publishes Digital Music Report 2013‖ 31 IFPI (2012), ―IFPI publishes Digital Music Report 2012 Key Facts and Figures‖ 32 IFPI, The WIPO Treaties: Protection of Rights Management Information ... copyright protection in musical works in the digital environment as well as studying the use of digital music on the internet, the level of copyright violation of online musical works and the protection. .. overview of theories and recent situations of protection of copyright in musical works in the digital environment This chapter introduces an overview of theories of copyright, copyright protection digital. .. OF CONTENT Chapter 1: An overview of theories and recent situations of protection of copyright in musical works in the digital environment Copyright in musical work 1.1.1 Definition 1.1.1.1 Copyright
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