Proposal for regulations on copyright for cinematographic works

In the Draft Decree regulating royalties in the fields of: Cinema, fine arts, photography, performing arts, press, and publishing, the Ministry of Culture, Sports and Tourism proposes regulations on royalties for cinematographic works.

According to the draft Decree, royalties for cinematographic works are paid including: (1) According to the economic and technical standards of the cinema field; (2) According to the table of fees applied to a number of specific creative positions, based on the genre and quality of the film (Article 4 of the draft Decree) - For example: For feature films, screenwriters are paid 2.25 - 2.75%, directors 2.5 - 3.00% of the film production cost...

Royalties paid for the exploitation and use of cinematographic works of which the State is the representative owner according to a written agreement.

The Ministry of Culture, Sports and Tourism said that cinematographic works are characterized by being collective creative products, with the participation of diverse creative elements and people performing related tasks. Therefore, the determination of participating elements and specific amounts of money should be adjusted according to economic and technical norms in the field of cinema, closely linked to the production process and budgeting, appraisal, and settlement of professional units, in accordance with the current mechanism of assigning tasks, ordering, and bidding for the provision of public career products and services using the state budget.

At the same time, the draft Decree maintains the regulations on the payment tables applicable to a number of specific creative titles for feature films, documentaries, scientific films and animated films, with payment based on the genre and quality of the work.

Accordingly, there is an adjustment in the calculation basis, from "production cost" to "film production cost", in accordance with legal regulations on prices, and at the same time, the royalty rate of a number of titles for documentary and scientific films based on the current practice of State film production activities. Specifically, film editors are proposed to pay 0.86 - 1.40% of film production cost (an increase compared to 0.43 - 0.80% as prescribed in Decree No. 21/2015/ND-CP); artists are reduced from the current 1.00 - 1.50% to 0.57 - 0.90% of film production cost). This adjustment in the royalty rate still ensures that the total rate does not increase compared to the current regulations in Decree No. 21/2015/ND-CP.

According to the draft, in the case of adapting literary, theatrical and other similar works into a film script, the adapting screenwriter will receive 70% of the copyright fee for the screenwriter of a work of the same genre, the remainder will be paid to the author or copyright owner of the work used to make the adapted work.

Authors of cinematographic works about children and ethnic minorities are entitled to additional royalties equal to 5% to 10% of the royalties of works of the same genre.

In case of filming documentary films in accordance with the provisions of law, royalties shall be paid in accordance with the provisions on economic and technical norms in the field of cinema.

In the case of a cinematographic work with high production costs due to special requirements for equipment, materials or high costs when filming on location abroad, the royalty rate is determined based on a specific agreement between the parties or based on the total production costs assessed by a competent authority.

The draft regulation stipulates that royalties are paid for the exploitation and use of cinematographic works for which the State is the representative owner or representative manager of copyright and related rights according to a written agreement between the representative agency exercising the rights of the owner and the exploiting and using party based on criteria on the purpose, scope of exploitation and use, revenue and profits obtained (if any).

Source: https://bvhttdl.gov.vn/de-xuat-quy-dinh-tien-ban-quyen-doi-voi-tac-pham-dien-anh-20251028113025599.htm