Decision No. 63/2006/QD-BVHTT dated August 02, 2006 of the Ministry of Culture and Information promulgating the Regulation on the use of photographs for posters and publication covers

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.

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.

Chapter II

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:

a/ Names and addresses of the photograph author or copyright owner and of the photograph user;

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;

2. To clearly show the names of authors or copyright owners or the origins of the used photographs;

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.