THE MINISTRY OF CULTURE AND INFORMATION
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
63/2006/QD-BVHTT
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Hanoi, August 02, 2006
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DECISION
PROMULGATING THE REGULATION ON THE USE OF
PHOTOGRAPHS FOR POSTERS AND PUBLICATION COVERS
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;
At the proposals of the directors of the Fine Arts and Photography Department,
the Copyright Office, the Grassroots Culture and Information Department, and
the Publication Department,
DECIDES:
Article
1.- To issue together with this Decision the Regulation on the use
of photographs for posters and publication covers.
Article 2.- This Decision shall take effect 15 days after
its publication in "CONG BAO."
Article 3.- The directors of the Office, the Fine Arts and
Photography Department, the Copyright Office, the Grassroots Culture and
Information Department, and the Publication Department; heads of units under
the Ministry, directors of provincial/municipal Culture and Information
Services, and concerned organizations and individuals shall have to implement
this Decision.
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MINISTER OF CULTURE AND INFORMATION
Le
Doan Hop
REGULATION
ON THE USE OF PHOTOGRAPHS FOR POSTERS AND
PUBLICATION COVERS
(Issued together with the Culture
and Information Minister's Decision No. 63/2006/QD-BVHTT of August 2, 2006)
Chapter I
GENERAL PROVISIONS
Article
1.- The use of photographs for posters and publication covers
governed by this Regulation means the creation of a poster or a publication
cover from part or the whole of a photograph by different technical methods or
the expression of such photograph(s) in graphic language for use on posters and
publication covers.
Article 2.- This Regulation shall apply to agencies,
organizations and units (hereinafter collectively referred to as organizations)
holding contests or launching campaigns for creation of posters, to publishing
houses having publication covers illustrated with photographs and to all
individuals using photographs for posters and publication covers.
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SPECIFIC PROVISIONS
Article
3.-
1. The use of photographs for posters and
publication covers are specified as follows:
a/ For photographs which have not yet been
published or have been published and remain in the term of protection (fifty
years after the first publication), users shall be required to ask for
permission from and pay economic benefits to authors or copyright owners of
such photographs;
b/ For published photographs for which the term
of protection has expired, users shall not be required to ask for permission
from and pay economic benefits to authors or copyright owners but shall clearly
show their full names or the origin of the photographs.
2. The use of foreign photographs for posters
and publication covers shall comply with the provisions of treaties to which
the Socialist Republic of Vietnam is a signatory.
Article 4.-
1. The use of photographs for posters and
publication covers specified at Point a, Clause 1, Article 3 above shall be
based on contractual agreements between photograph users and photograph authors
or copyright owners.
A contract on the use of a photograph shall have
the following principal contents:
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b/ Purposes and scope of using the photograph;
c/ Rights and obligations of the photograph
author or copyright owner; and rights and obligations of the photograph user
(including moral and economic rights);
d/ Liabilities incurred due to breach of
contract.
2. The performance, modification, termination or
cancellation of contracts on the use of photographs shall comply with legal
provisions on civil transactions.
Article 5.-
1. Organizations that hold contests or launch
campaigns for the creation of posters shall have to publicize rules of the
contests or campaigns, clearly specifying the rights and obligations of
participants when using photographs for the creation of posters; participation
registration dossiers, which shall include written contracts on the use of
photographs; and measures to settle disputes over copyrights on posters created
based on such photographs.
2. Publishing houses, licensed publishing
agencies or organizations which have publication covers illustrated with
photographs shall have to request photograph users to strictly comply with
legal provisions on copyright and this Regulation.
Article 6.- Those who use photographs for posters and
publication covers shall have:
1. To strictly comply with Article 3 of this
Regulation on the use of photographs;
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3. To comply with the rules of the contests or
campaigns for the creation of posters, and legal provisions on copyright.
Article 7.- It is prohibited to use photographs involved in
copyright disputes or photographs of unclear origin.
Chapter III
IMPLEMENTATION PROVISIONS
Article
8.- Organizations holding contests or launching campaigns for the
creation of posters, publishing houses and licensed publishing agencies or
organizations having publication covers illustrated with photographs as well as
individuals using photographs for posters and publication covers shall have to
implement this Regulation.
Article 9.- Organizations and individuals that fail to
implement or improperly implement the provisions of this Regulation in the use
of photographs on posters and publication covers shall, depending on the nature
and seriousness of their violations, be administratively sanctioned. Authors
and copyright owners of photographs may request civil tribunals to handle such
violations in accordance with the provisions of law.
Article 10.- The directors of the Fine Arts and Photography
Department, the Copyright Office, the Grassroots Culture and Information
Department, and the Publication Department; heads of units under the Ministry,
and directors of provincial/municipal Culture and Information Services shall
guide and inspect the implementation of this Regulation and handle violations
according to the provisions of law.