The Draft Amendments of the Vietnam IP Law propose a new fair use case (where the user is not obliged to obtain consent or pay royalties to the copyright owner) for any use of a work to illustrate ideas and points in publications, audio and visual recordings, broadcasting programs for the purposes of teaching. This use may include providing the work in the internal network system on the condition that there must be technical measures to ensure that only students and teachers can access that work.

It is believed that wording of this fair use is very broad, as the "use" is not specified (e.g. it could be a reproduction, distribution, or communication) and it is unclear how many times the use can take place. Note further that the first fair use case under Article 25.1.a of the IP Law only allows one copy to be made without prior consent for the purposes of teaching and not for the commercial purposes.

The new fair use case, if passed, will allow not only schools and universities, but also other educational academies to exploit the legitimate rights of copyright owners without any legal repercussions. From our observation, in any case that a work is incorporated into tangible mean (e.g. a book or a CD) for mass production, consent should be obtained and royalties should be paid to the copyright owner.

The Draft Amendments of the Vietnam IP Law are being considered by the drafting team. Shall the train leave without us? Follow us to learn more about what changes are being considered by the drafting team.

(prepared with the assistance of Alex Do)