Decree No. 85/2011/ND-CP dated September 20, 2011 of the Government amending and supplementing a number of articles of the Government's Decree No. 100/ 2006/ND-CP of September 21, 2006, detailing and guiding a number of articles of the Civil Code and the Intellectual Property Law regarding copyright and related rights

REGULATIONS ON THE COPYRIGHT TO COMPUTER PROGRAMS ARE AMENDED

On September 20, 2011, the Government issued the Decree No. 85/2011/ND-CP amending and supplementing a number of articles of the Government's Decree No. 100/ 2006/ND-CP of September 21, 2006, detailing and guiding a number of articles of the Civil Code and the Intellectual Property Law regarding copyright and related rights, including amendments related to copyright to computer programs.

Specifically, authors of computer programs defined at Point m, Clause 1, Article 14, and Article 22 of the Intellectual Property Law are entitled to moral rights specified in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law. Organizations or persons that provide funds and physical and technical foundations for creation of computer programs and authors of such programs may reach agreement on the right to title such programs when signing contracts on creation of computer programs as specified by Law.

Organizations or persons that provide funds and physical and technical foundations for creation of computer programs are copyright holders and entitled to the publication right and exclusive economic rights as regulated.  Authors of computer programs are entitled to royalty and other material benefits as agreed with copyright holders.

Principles and methods of payment of royalty, remuneration and material benefits are also regulated in this Decree. Accordingly, royalty, remuneration and material benefits specified in the Intellectual Property Law shall be determined as follows: the payment of royalty, remuneration and material benefits must assure the interests of authors, users and the public and suit national realities.

Also in this Decree, authors of works and organizations or persons that carry out performances or make phonograms, video recordings or broadcasts for children or ethnic minority people; Vietnamese creating works in foreign languages, Kinh persons creating works in ethnic minority their mother tongues; persons creating works under difficult or dangerous conditions or in other special cases are entitled to additional royalty, remuneration or material benefits as consolation..

The use of copyright and related rights and payment of royalties, remuneration and material benefits must be carried out under written contracts according to law.