Inquiry: I have a question regarding the “Fair Use” principle. What exactly is it? What are the current international regulations on this matter, and how do they differ from existing Vietnamese Intellectual Property (IP) laws? I look forward to your guidance.

Response:

Regarding your inquiry, LUẬT KIM BẢNG provides the following explanation:

Fair Use is a doctrine in United States law that allows for the limited use of copyrighted materials without requiring permission from the copyright holder. It is one of the limitations of copyright law aimed at balancing the interests of rights holders with the public’s interest in distributing and widely utilizing the products of creative labor. It allows for certain uses that would otherwise be considered infringement if used within restricted limits. Fair Use differs from infringement in that, while both involve an act of using protected work, the former is exempt from legal liability due to specific statutory provisions (e.g., fair use is not considered copyright abuse).

Based on freedom of speech protected by the First Amendment to the U.S. Constitution, Section 107 of the U.S. Copyright Act stipulates that “fair use” allows for the permitted use of a protected work—including reproduction through copies, phonorecords, or any other method—for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. To determine whether a specific use is “fair,” the following factors are considered:

1. The purpose and character of the use (including whether it is of a commercial nature or for non-profit educational purposes);
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.

In summary, “Fair Use” is a principle allowing the limited use of a work protected by IP law without the author’s or owner’s permission, provided it does not infringe upon the author’s moral rights.

COMPARISON BETWEEN INTERNATIONAL AND VIETNAMESE IP LAW

Similarities:

• Both generally do not specify exact quantitative limits (specific numbers or percentages) for fair use.
• Evaluations are typically based on the purpose of use (e.g., commentary, news reporting, research).
• The determination of “fair use” in disputes often relies on judicial interpretation by judges. For instance, in Judgment No. 127/2007/DS-PT of the Supreme People’s Court in Hanoi, the First Instance Court found copyright infringement for quoting four literary works in their entirety, while the Appellate Court ruled it was not an infringement.

Differences:

The above information is the consultation from LUẬT KIM BẢNG regarding the “Fair Use” principle. For detailed support, please contact us directly via Phone/Zalo: 034.540.6523. We hope this article proves helpful for your future needs.

LUẬT KIM BẢNG provides the following related legal services:

• Consultancy on deposit contracts – validity, rights, and obligations between parties;
• Consultancy on land use right (LUR) transfer contracts;
• Consultancy and drafting of real estate sales contracts;
• Representation in negotiating the cancellation of land sales contracts;
• Legal guidance on drafting petitions to cancel real estate purchase contracts;
• Consultancy on procedures for lawsuits to cancel land sales contracts;
• Guidance on preparing dossiers for lawsuits to cancel house deposit contracts;
• Representing clients in working with third parties and State authorities;
• Guidance on dispute resolution procedures;
• Consultancy on other related issues as requested.

Contact our Land Law Lawyers – LUẬT KIM BẢNG – Hotline/Zalo: 034.540.6523.