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THE MINISTRY OF CULTURE AND INFORMATION
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
17/2004/QD-BVHTT
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Hanoi,
May 5, 2004
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DECISION
PROMULGATING THE REGULATION ON DUPLICATION OF
PLASTIC WORKS
THE MINISTER OF CULTURE AND INFORMATION
Pursuant to the Government's
Decree No. 63/2003/ND-CP of June 11, 2003 defining the functions, tasks, powers
and organizational structure of the Ministry of Culture and Information;
In order to raise the effectiveness of the State management over activities of
duplicating plastic works;
In order to protect the interests of works' authors and owners;
At the proposal of the director of the Fine Arts and Photography Department;
DECIDES:
Article 1.- To promulgate the
Regulation on duplication of plastic works.
Article 2.- This Decision takes
effect 15 days after its publication in the Official Gazette.
Article 3.- The director of the
Office, the director of the Fine Arts and Photography Department, the directors
of the provincial/municipal Services of Culture and Information and concerned
organizations and individuals shall have to implement this Decision.
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MINISTER OF CULTURE AND INFORMATION
Pham Quang Nghi
REGULATION
ON DUPLICATION OF PLASTIC WORKS
(Promulgated
together with the Culture and Information Minister's Decision No.
17/2004/QD-BVHTT of May 5, 2004)
Chapter I
GENERAL PROVISIONS
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1. This Regulation regulates
activities of duplicating plastic works.
2. Vietnamese organizations and
individuals and foreign organizations and individuals engaged in the
duplication of plastic works in the Vietnamese territory for business or
non-business purposes shall all be subject to this Regulation.
3. The duplication of works when
constructing monuments, statues in premises or gardens, fine-arts sections of
fallen heroes' memorials, large-size religious works shall comply with the
Regulation on management of construction of grandiose monuments and frescoes,
promulgated together with the Culture and Information Minister's Decision No.
05/2000/QD-BVHTT of March 29, 2000.
4. The duplication of folk or
anonymous paintings and statues shall not be subject to this Regulation.
Article 2.- A number of words and
phrases in the Regulation are construed as follows:
1. Plastic works mean creative works including painting, graphic
and sculptural works.
2. Duplication of plastic works means the creation, based on the
prototypes of works, of one or many new versions, including the alteration of
works' materials, magnification or diminution of works. New versions produced
after the prototypes are called copies. (The production of images of plastic
works by mode of photocopy, photography or publication shall not be considered
the duplication of plastic works).
3. Prototypes of works mean the originals or photos of the
originals or casts from the originals used as prototypes for duplication.
4. Originals of works mean the first complete versions of works
created and made public by the authors.
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6. Owners of plastic works mean individuals or organizations owning
the author's rights, which are transferable according to law provisions.
7. Assumption of authors' names, imitation of plastic works mean
the inscription of authors' names without their permission on works not created
by such authors.
Article 3.- Author's rights over
plastic works include the personal right and property right of authors over
works they create according to law provisions.
Article 4.- Works' authors or
owners, when having their author's right or owner's right infringed upon by
other persons, may request the persons committing infringing acts or competent
State agencies to force such persons to stop their infringing acts, apologize,
make public corrections, pay damages, or request the violation handling
according to current law provisions.
Chapter II
SPECIFIC PROVISIONS ON DUPLICATION OF PLASTIC WORKS
Article 5.-
1. The duplication of works
owned by Vietnamese organizations or individuals must be agreed upon in writing
by the works' owners (except otherwise agreed upon by the works' owners and the
duplicators). For cases of duplication of works of authors who have deceased
for more than 50 years, the permission of owners of such works is not required.
2. Works' owners may agree to
permit many organizations and/or individuals to duplicate their works.
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Article 6.- Written agreements
(contracts for use of works) between works' owners and duplicators must clearly
state the number of copies, use purposes and scope, remunerations to be paid by
duplicators to works' owners, payment modes and other contents according to law
provisions on contracts for use of works.
Article 7.- Copies must be of
sizes larger or smaller than the original works, except for cases of
duplication by casts or printing molds. Copies must retain the contents and
appearances of the original works.
Article 8.- Paintings drawn by
one author in many identical copies must be marked with ordinal numbers of 1,
2, 3, 4, etc., on the back thereof and each work must be inscribed with the
time of its creation.
Article 9.- Copies of plastic
works must be inscribed on their back the following information: the word
"copy" and the names of the authors and the works, materials of the
original work, the year of creation (if any), the name of the duplicators, the
sizes of copies.
Article 10.- Duplication of
paintings and statues of President Ho Chi Minh
1. Statues of President Ho Chi
Minh must be approved and permitted by the provincial/municipal Culture and
Information Services or the Fine Arts and Photography Department (the Ministry
of Culture and Information) before being used as prototypes for duplication for
business purposes or put up at public places.
2. Copies of paintings of
President Ho Chi Minh for use at public places must be evaluated and permitted
by the provincial/municipal Culture and Information Services or the Fine Arts
and Photography Department (the Ministry of Culture and Information) before
being used.
3. Establishments which
duplicate, display and/or sell paintings and statues of President Ho Chi Minh
must show their respect to the leader by putting his paintings and statues at
separate and solemn positions.
Article 11.- Plastic works with
the following contents must not be duplicated:
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2. Propagating violence,
aggressive wars, sowing hatred among nations and peoples; spreading reactionary
ideologies and cultures, depraved and obscene lifestyles, criminal acts, social
evils, superstitious practices; or undermining the fine national traditions and
customs.
3. Distorting history, negating
revolutionary achievements, offending great personalities, national heroes,
slandering or hurting prestige of organizations, honor and dignity of citizens.
Chapter III
IMPLEMENTATION PROVISIONS
Article 12.- Organizations and
individuals that duplicate plastic works shall have to implement this
Regulation.
Article 13.- The duplication of
plastic works without consents of their owners or with the assumption of
authors' names or imitation of plastic works shall all be considered copyright
infringements and must be handled according to law provisions.
Article 14.- Organizations and
individuals duplicating plastic works in violation of the provisions of this Regulation
shall, depending on the nature and serious of their violations, be
administratively sanctioned, examined for penal liability or have to make civil
compensations according to law provisions.
Article 15.- The director of the
Fine Arts and Photography Department, the chief inspector of the Ministry of
Culture and Information, the director of the Department for Copyright of
Literary and Art Works, and the directors of the provincial/municipal Services
of Culture and Information shall have to guide and inspect the implementation
of this Regulation and handle violations according to law provisions.