Is it copyright infringement to photocopy textbooks for study?

PHAM KHAI (Kinh Mon)

Reply:

According to Clause 1, Article 14 of the 2005 Law on Intellectual Property (amended and supplemented in 2009, 2022) on copyrighted works, it can be affirmed that textbooks are a type of copyrighted work.

However, according to Clause 6, Article 1 of the 2005 Law on Intellectual Property (amended and supplemented 2009, 2022), cases of using published works without permission or paying royalties or remuneration include:

- Self-copy 1 (one copy) for the purpose of scientific research and personal teaching;

- Quote the work reasonably without distorting the author's ideas to comment or illustrate in your own work;

- Quoting works without distorting the author's ideas for writing articles, using in periodicals, in radio and television programs, and documentaries;

- Quoting works for teaching in schools without distorting the author's ideas and not for commercial purposes;

- Copy the work to store in the library for research purposes;

- Performing theatrical works and other types of performing arts in cultural and propaganda activities without collecting fees in any form;

- Record live performances for news reporting or teaching purposes;

- Taking photos and broadcasting works of fine arts, architecture, photography, and applied arts displayed in public places to introduce images of those works;

- Convert works into Braille or other languages ​​for the visually impaired;

- Importing copies of other people's work for personal use.

Thus, if you only photocopy 1 (one) copy for the purpose of studying, researching and teaching and do not copy it for sale or other purposes, it is not considered copyright infringement.

In addition, if the remaining cases are different from Clause 6, Article 1 of the 2005 Intellectual Property Law (amended and supplemented in 2009 and 2022) mentioned above, they will be considered copyright infringement and will be punished according to the provisions of law.

Specifically, in Clause 1, Article 18 of Decree No. 131/2013/ND-CP (amended and supplemented in Decree No. 28/2017/ND-CP), the act of copying a work without permission from the copyright owner will be fined from 15 to 35 million VND, and at the same time forced to remove the copy of the infringing work in electronic form, on the network and digital environment or forced to destroy the infringing evidence.