Typical contents of the Decree guiding copyright and related rights
On April 26, 2023, the Government promulgated Decree 17/2023/ND-CP detailing several provisions and measures for implementation of the Law on Intellectual Property on copyright and related rights (Decree 17), replacing Decree 22/2018/ND-CP, regulations on the protection of copyright and related rights in Decree 105/2006/ND-CP amended and supplemented by Decree 119/2010/ND-CP. Decree 17 potentially creates significant impact on several parties such as organizations and individuals doing scientific research/academic studies, enterprises doing business in the fields of entertainment and providing intermediary services. Decree 17 has come into effect since April 26, 2023 with some following notable contents:
(i) Specification on several business activities using works, audio and video recordings for commercial purposes that must pay royalties;
(ii) Clarification on the “reasonable” condition of some exceptions that do not infringe copyright, particularly for copying and reciting actitivities;
(iii) Stipulating numerous legal responsibilities for enterprises providing intermediary services.
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