Tiếng Việt
English
Korean
Chinese
Copyright infringement can lead to serious legal consequences. How is this act penalized, and what should you do if your copyright is infringed? Consulting a lawyer will help you better understand your rights and how to protect your work.
What is Copyright Infringement?
Copyright infringement refers to the unauthorized use of copyrighted works without permission, thereby violating certain exclusive rights granted to the copyright owner, such as the rights to reproduce, distribute, display, or perform the protected work, or create derivative works. Copyright holders are usually the creators of the work, publishers, or other entities that have been assigned copyright ownership. Copyright infringement disputes are often resolved through direct negotiation, notice and takedown procedures, or litigation in civil courts.
Copyright infringement can occur in various fields, from copying books, music, and films to using software or creating derivative works without the copyright holder’s permission. Such actions may lead to serious legal and financial consequences.
What Steps Can You Take If Your Copyright Is Infringed?
- Identify the infringement: First, determine the specific copyright infringement. This includes checking whether the work is copyrighted.
- Document the infringement: Record details about the infringement, including the time, the infringer, and the affected work.
- Send a cease-and-desist letter: Issue a formal warning to the infringer, requesting them to stop the copyright violation. If possible, negotiate with them to resolve the issue.
- File a copyright infringement complaint if necessary: If the issue is not resolved, you can file a complaint with the relevant state authorities for copyright infringement handling.
How is Copyright Infringement Penalized?
Under intellectual property laws, copyright infringement may result in administrative penalties, including:
- A fine of 3 to 5 million VND for unauthorized modifications or distortions of a work that damages the reputation and honor of the author.
- A fine of 5 to 10 million VND for distorting a work in a way that harms the author’s reputation and honor.
- A fine of 15 to 35 million VND for copying a work without the copyright owner’s permission.
In addition to fines, copyright infringers must undertake remedial measures, such as:
- Public corrections via mass media.
- Removal of infringing copies in electronic form, online, and in digital environments, or the destruction of infringing materials.
Thus, unauthorized modifications, reproductions, and other copyright violations can result in fines of up to 35 million VND, along with mandatory remedial measures as prescribed by law.
Four Reasons to Hire a Lawyer When Facing Copyright Infringement
- Clear legal understanding: Intellectual property lawyers have in-depth knowledge of copyright laws. They understand the regulations and copyright registration procedures, helping you protect your work effectively. Lawyers are trained and experienced in litigation, capable of presenting arguments and assessing evidence for legal action.
- Speed and accuracy: Intellectual property lawyers are well-versed in copyright registration and enforcement procedures, ensuring faster, more accurate, and more effective handling of copyright issues while safeguarding the author’s legal rights.
- Time and cost savings: Hiring a lawyer saves you time and reduces costs compared to researching and experimenting with legal solutions on your own.
- Protecting rights and maximizing value: Lawyers help you implement legal measures to handle copyright infringements. Additionally, by securing intellectual property rights, you can commercially exploit your creations and generate profits.
For any questions or comments, please contact:
OTIS AND PARTNERS LAW FIRM
Office address: 2nd Floor, CT3 Building, Yen Hoa Park View Urban Area, No. 3 Vu Pham Ham Street, Yen Hoa Ward, Cau Giay District, Hanoi
Email: [email protected]
Hotline: (+84)987748111
Comments