Decision No. 17/2004/QD-BVHTT dated May 05, 2004 of the Ministry of Culture and Information promulgating the Regulation on duplication of plastic works

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.

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

Article 1.-

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.

5. Reproduction of plastic works means the use of casts or printing molds to produce many copies identical to prototypes.

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.

3. The duplication of works owned by foreign organizations and/or individuals shall comply with the international agreements which Vietnam has signed or acceded to.

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:

1. Opposing the State of the Socialist Republic of Vietnam, undermining the entire people's unity bloc.

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.