Is recording the movies in cinema constituted as a breach of copyright in Vietnam?

Nội dung chính

• Is recording the movies in cinema considered to be an infringement of copyright in Vietnam?
• What are the fines for recording the movies in cinema?

Is recording the movies in cinema considered to be an infringement of copyright in Vietnam?

Pursuant to Clause 6, Article 28 of the Law on Intellectual Property in 2005 stipulating the act of recording the movies in cinema as follows: 

1. Appropriating copyright in a literary, artistic or scientific work.

2. Impersonating an author.

3. Publishing or distributing a work without permission from the author.

4. Publishing or distributing a work of joint authors without permission from the co-authors.

5. Modifying, editing or distorting a work in any way which prejudices the honour and reputation of the author.

6. Copying a work without permission from the author or copyright holder, except in the cases stipulated in sub-clauses (a) and (dd) of article 25.1 of this Law.

7. Making a derivative work without permission from the author or copyright holder of the work used for making such derivative work, except in the case stipulated in sub-clause (i) of article 25.1 of this Law.

8. Using a work without permission from the copyright holder and without paying royalties, remuneration or other material benefits in accordance with law, except in the cases stipulated in article 25.1 of this Law.

...

Pursuant to Article 35 of the Law on Intellectual Property in 2005 stipulating infringement of related rights as follows: 

1. Appropriating the rights of a performer, producer of audio and visual fixation, or of a broadcasting organization.

2. Impersonating a performer, producer of audio and visual fixation, or a broadcasting organization.

3. Publishing, producing and distributing a formulated performance, audio and visual fixation or a broadcast without permission from the performer, producer of the audio and visual fixation or from the broadcasting organization.

4. Modifying, editing or distorting a performance in any way which prejudices the honour and reputation of the performer.

5. Copying or reciting from a formulated performance, audio and visual fixation or a broadcast without permission from the performer, producer of the audio and visual fixation or from the broadcasting organization.

...

As regulations above, recording the movies in the cinema is an infringement of copyright. In the case you mentioned above, B was recording the movie in the cinema without permission from the copyright author and the broadcasting organization (in this case is the cinema) so B will shall face administrative sanctions or criminal prosecution.

What are the fines for recording the movies in cinema?

Pursuant to Article 27 of the Decree 131/2013/NĐ-CP (amended by Clause 2, Article 3 of the Decree 28/2017/NĐ-CP) stipulating acts of infringing upon the right to reproduce phonograms or video recordings as follows: 

1. A fine of between VND 15,000,000 and 35,000,000 shall be imposed for reproducing phonograms or video recordings without permission of the right holders of producers of phonograms or video recordings.

2. Remedial measures:

Forcibly removing copies of performance, in electronic form, on internet and digital environment, or forcible destruction of material evidence of violation for act specified in Clause 1 of this Article.

Pursuant to Clause 1, Article 225 of the Criminal Code in 2015 (amended by Point a, Clause 52, Article 1 of the Criminal Code in 2017) stipulating infringement of copyrights as follows: 

1. A person who, without the consent of the holders of copyrights and relevant rights, deliberately commits any of the following acts which infringe upon copyrights and relevant rights protected in Vietnam for commercial purpose or to earn an illegal profit of from VND 50,000,000 to under VND 300,000,000 or causes a loss of from VND 100,000,000 to under VND 500,000,000 for the holders of such copyrights and relevant rights, or with the violating goods assessed at from VND 100,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence:

a) Making copies of works, video recordings or audio recordings;

b) Making the copies of works, video recordings, audio recordings publicly available.

Therefore, anyone recording the movies in cinema shall face administrative sanctions upto VND 35,000,000 or criminal prosecution upto VND 300,000,000 or face a penalty of up to 03 years' community sentence.

Best regards!