Currently, on social networking platforms, it is very common to post summary videos.
For example, on Facebook and tiktok platforms, just clicking on the Watch section to watch the clip, you will immediately receive hundreds of summary videos and movie reviews. These are short videos from 5 to 7 minutes, cut the images of the movie and summarize the content with Vietnamese voiceovers. Some summary websites have huge views such as: Exciting movies, funny Reviews, crap movies summary, …..
If it’s simply videos that summarize, evaluate, and state personal feelings about that movie, these videos are completely legal. However, behind the cover of “movie review” is the content that is revealed with poor sound and image quality, along with the film’s content being distorted, the artistic message is misleading. Distributing unauthorized “movie reviews” will help the poster to earn profits based on the number of views and downloads. The higher the viewership, the more profitable the distribution channels are.
The act of “reviewing a movie” that reveals part or all of the content of the movie may be considered an infringement of copyright.
According to Clauses 7, 8, Article 28 of the Law on Intellectual Property, there are the following provisions:
“Article 28. Conduct constituting infringement of copyright
7. Making a derivative work without permission from the author or copyright holder of the work used for making such derivative work, except in the case stipulated in sub-clause (i) of article 25.1 of this Law.
8. Using a work without permission from the copyright holder and without paying royalties, remuneration or other material benefits in accordance with law, except in the cases stipulated in article 25.1 of this Law.”
The act of making a “film review” that is not in the cases of using a published work without asking for permission, without paying royalties or remunerations specified in Article 25 of this Law; Nor do they fall into the cases of using published works without asking for permission but having to pay royalties and remunerations specified in Article 26 of this Law.
Thus, it can be concluded that the act of making “film review” is an infringement of copyright under Clauses 7,8, Article 28 of the intellectual property law. People to cut and summarize movies and make videos to post on social networks are not allowed as required by the law.
Depending on the severity of the violation, individuals and organizations that make film reviews may be administratively sanctioned or criminally handled according to regulations.
According to Decree No.131/2013/ND-CP and the 2015 penal code amended and supplemented in 2017, the act of making “movie review” like above is illegal. Depending on the severity, this behavior can be fined up to 250 million VND for individuals and 500 million VND for organizations. In addition, violators can also be handled according to the penal code with a fine of up to 300 million VND and non-custodial reform for up to 3 years for individuals; fines up to 1 billion VND and imprisonment up to 3 years for organized acts.