Barriers to the implementation of the copyright protection of foklore works in Vietnam

DOI

10.2991/mtde-19.2019.95How to use a DOI?

Keywords

the copyright protection, folklore work, obstacles, legal provisions, Copyright law

Abstract

In the article, the author has studied and analyzed the content of legal provisions relating to copyright of folklore works in intellectual property law, as well as investigating objective and subjective factors leads to some provisions of copyright law for folk works with unclear content or between legal provisions still containing conflicting content, some important content related to copyright protection for folklore works has not been clearly defined. There is still a contradiction between legal regulations when determining who owns the copyright, or if the copyright owner is identified for folklore works, there is a major shortage. Legal provisions are inconsistent, because when using folk works, if the user fulfills his legal obligations under the provisions of this law, he must pay royalties, but if the user actually By presenting his legal obligations under another law, he does not have to pay royalties but only needs to identify the source of the work. Regulations on the protection of ownership of copyright owners have not been clearly defined, important issues to ensure the implementation of protection for folklore is not clearly defined in copyright law. Copyright law does not stipulate rights and obligations to those who hold folklore works, does not regulate the legal relationship between the derivative author and the original author for folklore works.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Nam Thanh Pham
PY  - 2019/05
DA  - 2019/05
TI  - Barriers to the implementation of the copyright protection of foklore works in Vietnam
BT  - Proceedings of the 1st International Scientific Conference "Modern Management Trends and the Digital Economy: from Regional Development to Global Economic Growth" (MTDE 2019)
PB  - Atlantis Press
SP  - 477
EP  - 480
SN  - 2352-5428
UR  - https://doi.org/10.2991/mtde-19.2019.95
DO  - 10.2991/mtde-19.2019.95
ID  - Pham2019/05
ER  -