Removing obstacles in implementing copyright and related rights

According to the Ministry of Culture, Sports and Tourism, the process of summarizing the implementation of Decree No. 21/2015/ND-CP regulating royalties and remuneration for cinematographic works, fine arts, photography, theater and other performing arts has some problems and inadequacies for cinematographic works, fine arts, photography, theater and other performing arts, leading to difficulties and problems in implementation.

Regarding royalties in the creative process, the regulations on creative components for cinematographic works, stage works and other performing arts are still unclear, some contents are not suitable for practice in the context of current development of science , technology and engineering, creativity arises from work related to modern equipment; the division of levels and frameworks of royalties and remuneration (royalties) is not suitable for some specific types of artistic creation, not ensuring the contribution of creative components. New mechanisms on ordering, assigning tasks, bidding for creating works, along with the regulations in Decree No. 21/2015/NDCP also cause difficulties for agencies and units in implementation.

Regarding royalties during exploitation and use: the contents on exploitation and use of copyrights and related rights of which the State is the representative owner or management representative; management and use of royalties collected from this exploitation and use; payment of royalties (royalties) when works are exploited and used have not been specifically regulated, because the documents serving as the basis for promulgating Decree No. 21/2015/ND-CP have been amended, supplemented and replaced many times.

Besides, the practical implementation of Decree No. 18/2014/ND-CP regulating the royalty regime in the field of press and publishing has some limitations and shortcomings, not meeting the practical requirements of the field of press and publishing, leading to difficulties and obstacles in implementation.

Payment under Decree No. 18/2014/ND-CP does not distinguish between financial sources, while the current financial autonomy mechanism (implementing task assignments, placing orders, and bidding based on economic and technical norms issued by competent authorities) for public service units allows units that ensure their own operating funding to decide on higher or lower spending levels.

There are no regulations on royalties for exploiting and using journalistic works and works in publishing; there are no regulations on royalties (royalties) for electronic publications; and the genres of journalism and publications are not yet in accordance with current specialized legal regulations.

From the above reasons, it is necessary to develop and promulgate a Decree regulating royalties in the fields of: Cinema, fine arts, photography, performing arts, press, publishing, replacing Decree No. 21/2015/ND-CP and Decree No. 18/2014/ND-CP, in accordance with the provisions of law to ensure consistency, synchronization, feasibility, and meet practical needs.

The purpose of drafting the Decree is to continue to perfect the legal framework to create a solid and favorable corridor for the protection, defense and exploitation of copyright and related rights in which the State is the representative owner or management representative, ensuring consistency and synchronization between the Law amending and supplementing a number of articles of the Law on Intellectual Property in 2022, Decree No. 17/2023/ND-CP and regulations on royalties.

Ensure the legitimate rights and interests of authors and creators of works through ordering, assigning tasks or bidding; promote innovation and creativity in the fields of cinema, fine arts, photography, performing arts, journalism, and publishing; and at the same time improve the efficiency of state budget use.

Strengthen the mechanism for exploiting and using copyright and related rights in which the State is the representative owner or management representative, in accordance with market mechanisms, effectively, publicly, transparently, and legally, contributing to the development of Vietnam's cultural and creative industries.

Draft Decree amending and completing: Regulations on payment of royalties for creative works according to contracts for ordering, assigning tasks, and bidding according to the provisions of law; basis for determining the level of royalties (Clause 1, 3, Article 3).

Regulations on incentive royalties and cases eligible for incentive royalties during the stage of creating works, modifying certain types of works and making appropriate technical modifications (points a and b, clause 4, Article 3).

Regulations on the division of royalties among authors, copyright owners, performers, and related rights owners; in the case of making derivative works and the preparation of estimates, payment, and settlement of funds for paying royalties and incentive royalties (clauses 5, 6, and 9, Article 3).

In addition, the draft adds: Regulations on royalties paid for the exploitation and use of copyright and related rights for which the State is the representative owner or management representative (Clause 2, Article 3).

Regulations on incentive royalties during the exploitation and profitable use phase. The draft proposes that the incentive royalties be implemented according to the agreement between the parties, but the total amount shall not exceed 10% of the profits earned, ensuring that the state budget revenue is not reduced, while creating material and spiritual motivation for authors to continue creating high-quality works with the potential for commercial exploitation (Point c, Clause 4, Article 3).

Regulate the management and use of royalties collected from the exploitation and use of copyrights and related rights of which the State is the representative owner or management representative and determine the amount to be paid to the state budget, in accordance with the provisions of law on management and use of public assets and the state budget (Clause 7, Article 3).

Source: https://baovanhoa.vn/van-hoa/thao-go-vuong-mac-trong-trien-khai-thi-hanh-quyen-tac-gia-quyen-lien-quan-176640.html