Review in English translated into Vietnamese means evaluation. Accordingly, movie review means movie evaluation. This is a popular and simple way to provide information about movies, with the purpose of introducing people who are interested in a certain movie.
Currently, many people do reviews. movie and then share it as short videos on Youtube or Facebook Watch, TikTok… for the purpose of making money. Through cutting and editing, many movies that have only just been released in theaters or broadcast on television have been fully introduced to their content.
This trend is flourishing and causing negative images. exposure, huge losses for manufacturers.
Does movie review violate copyright?
< p>According to the current Intellectual Property Law, derivative works are works translated from one language to another, adaptations, adaptations, compilations, selected annotations.
In which the creation of movie review videos is considered to be derivative works. Reviewing a movie that reveals all or part of the movie’s content is considered to be infringing on the copyright of the work’s owner.
From January 1, 2023, the Intellectual Property Law 2022 has regulations on the act of reviewing movies, cutting, modifying, and distorting movie content under any circumstances. Any form without the consent of the author or copyright owner that harms the author’s honor and reputation is an infringement of copyright.
Lawyer Nguyen Thi Xuyen, Hanoi Bar Association, said that the 2022 revised Intellectual Property Law, effective from January 1, 2023, has added and amended many important contents to overcome any shortcomings in ownership. intelligence in the field of culture and art. Among them, the most notable new point in the Intellectual Property Law 2022 on copyright and related rights is typically:
According to the amended and supplemented regulations in Clause 10, Article 4 of the revised Intellectual Property Law 2022: “Copying is the creation of a copy of all or part of a work or audio or video recording by any means or form”.
With the regulations With this new regulation, copying part of an official work is considered an act of copying, creating a legal basis to overcome problems due to unclear laws in many previous cases related to copyright.
According to Clause 78, Article 28 of the Intellectual Property Law, among the acts of copyright infringement are:
– Making derivative works without the permission of the author and owner copyright in works used to make derivative works, except in the case of converting the work into Braille or another language for the blind;
– Using the work without permission of the copyright owner does not pay royalties, remunerations, or other material benefits as prescribed by law, except in the case of converting the work into Braille or another language for the blind.
Such an exception Except in the case of converting the work into Braille or another language for the visually impaired, the creation of any derivative work must be approved by the author/owner of the original work
In addition, Movie reviews do not fall into the cases of using published works without asking for permission and not having to pay royalties or remuneration, and also do not fall into the cases of using published works without asking for permission but having to pay royalties and remuneration according to regulations.
Therefore, it can be concluded that movie reviews that reveal all or part of the existing movie content are a form of copyright infringement of the work’s owner’s rights.
Depending on the level of violation, individual film review organizations may be subject to administrative or criminal sanctions according to regulations.
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