Home / Does film livestream in the cinema infringes movie copyright? If so, how will it be handled?

Does film livestream in the cinema infringes movie copyright? If so, how will it be handled?

26/10/2021

Firstly, livestream on social network is an infringement of copyright. Based on Clause 3, Article 28 of the 2005 Intellectual Property Law, amended and supplemented in 2009, the copyright infringement acts as follows: "Publishing and distributing works without the author's permission") . The above distribution acts without the consent of the film producer and author, can cause serious economic consequences for the film crew. Therefore, such action will be considered as a violation and be dealt with.

Second, the handling measures are as follows:

Regarding fines, Article 28 of Decree 131/2013/ND-CP stipulates acts of infringing upon the right to distribute to the public originals or copies of phonograms and video recordings as follows:

"1. A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for distributing to the public the original or a copy of the phonogram or video recording without the permission of the right holder of the producer of the phonogram. sound, video recording.

2. Remedial measures: Forcible removal of copies of phonograms or video recordings in electronic form, in the Internet and digital environment, or forcible destruction of material evidences of violation, for the acts specified in Clause 1 of this Article.”

For acts of livestream for commercial purposes, Article 29 of Decree 131/2013/ND-CP stipulates:

"1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for using announced phonograms or video recordings for commercial purposes in restaurants, tourist accommodation establishments, shops, supermarkets, etc. market without paying use rights to copyright holders, related rights holders as prescribed.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Using published phonograms or video recordings for commercial purposes for broadcasting without paying for use to copyright or related rights holders as prescribed;

b) Using announced phonograms and video recordings for commercial purposes in the field of aviation, public transport and other commercial business activities without paying the owner for use as prescribed. .

3. A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for using announced phonograms or video recordings for commercial purposes in karaoke, post and telecommunications service business establishments, digital environment without paying use to copyright holders, related rights holders in accordance with regulations.

4. Remedial measures:

Forcing to remove copies of phonograms and video recordings in electronic form, on the Internet and digitally, for the acts specified in Clauses 2 and 3 of this Article.