In the digital age of today, the use of images is more popular than ever before. However, the important aspect that many people often do not pay attention to is that using images without permission can cause worrying legal consequences. Issues related to copyright, privacy and similar rights may arise when you use images that you do not own or without the consent of the person concerned…

Within the scope of this article, PLF only refers to images expressed in the form of copyright protection registration according to Vietnam’s intellectual property (IP) laws.

  • Works of plastic arts and applied arts;
  • Photographic works;
  • Architectural works;
  • Maps, diagrams, drawings related to topography, architecture, and scientific works.

Accordingly, copying, using images or other acts of commercial exploitation of images without the permission of the intellectual property rights holder (the owner of intellectual property rights or the organization or individual to whom the owner has transferred the intellectual property rights), as well as failure to pay royalties, remunerations, or other material benefits as legally prescribed is an act of intellectual property rights infringement.

However, in some cases, organizations and individuals who are not intellectual property rights holders can still use published images, such as: copying a copy for personal scientific research or teaching purposes. core; Citing works for teaching in schools without distorting the author’s intention and not for commercial purposes; or copy the work to store in the library for research purposes and the library is not allowed to copy or distribute copies of that work to the public, including digital copies based on the current IP Law.

2. Protect IP rights

Pursuant to the current IP Law, when discovering that images under their ownership are being used or copied illegally, IP rights holders have the right to apply the following measures to protect your IP rights such as civil, administrative or criminal remedies.

2.1. For civil remedies

Civil remedies include:

  • Forced termination of infringing acts;
  • Forced public apology and correction;
  • Forced to perform civil obligations;
  • Forced compensation for damages;
  • Forced destruction or forced distribution or use for non-commercial purposes of goods, raw materials, materials and means used mainly to produce and trade goods that infringe intellectual property rights with conditions that do not affect the ability of intellectual property rights holders to exploit their rights.

2.2. Regarding administrative measures

Organizations and individuals may be subject to administrative sanctions when committing acts of infringing intellectual property rights with the following images:

  • For acts of transporting and storing pirated goods, there is a fine of up to 10,000,000 VND for individuals and 20,000,000 VND for organizations, with an additional penalty of confiscation of evidence of violation. ;
  • Acts of infringing on the right to protect the integrity of works are subject to a fine of up to 10,000,000 VND for individuals and 20,000,000 VND for organizations, accompanied by remedial measures requiring public correction on the mass media of false information for violations or forcing the removal of copies of infringing works in electronic form, on the Internet and digital environment, or forcing the destruction of infringing material evidence for violations violate.
  • For acts of infringing on the right to copy a work without the copyright owner’s permission, there is a fine of up to 35,000,000 VND for individuals and 70,000,000 VND for organizations without the owner’s permission, accompanied by remedial measures forcing the removal of copies of infringing works in electronic form, on the Internet and digital environment or forcing the destruction of infringing material evidence.

2.3. For criminal measures

Individuals and commercial legal entities that commit acts of infringing intellectual property rights that have all the elements constituting a crime will be prosecuted for criminal liability.

In addition, in case of necessity, competent state agencies can apply temporary emergency measures, measures to control exported and imported goods related to intellectual property and other preventive measures, ensuring applying  administrative sanctions in line with relevant laws.

In short, before using images without permission, we need to better understand the legal consequences that this may bring. Violations of intellectual property and privacy rights can have serious legal consequences, including exposure to lawsuits and liability for damages. Therefore, considering and complying with copyright and privacy regulations, as well as ensuring that you have permission when using other people’s images, is extremely important to avoid unwanted legal problems.

The article is based on laws applicable at the time noted as above and may no longer be appropriate at the time the reader approaches this article as the applicable laws and the specific cases that the reader may wish to apply may have changed. Therefore, the article is for referencing only.


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