This
article analyzes the current state of Vietnamese law on the handling of
copyright infringement of online journalistic works, focusing on civil,
administrative, and criminal mechanisms under the current Intellectual Property
Law. Based on an examination of Article 28 on infringing acts, Article 199 on
the principle of multi-tiered handling, Article 202 on civil remedies, and Articles
203–205 on evidence and compensation for damages, the article points out that
the current law relatively well covers direct forms of infringement and
strengthens administrative penalties through a new system of decrees. However,
the legal framework still has many gaps regarding the specific and evolving
infringements of online journalism, such as content plagiarism, AI-generated
copying, or data scraping; it also lacks methods for quantifying digital
damages, guidance on collecting and evaluating electronic evidence, and risks
the dispersion of administrative jurisdiction among various legal fields. Based
on a comparison of WIPO's experience regarding the value of exploiting digital
content and the US model of conditional liability exemption under DMCA Section
512, this article proposes directions for improving legislation, particularly
by clearly defining the time limit for processing infringement notices,
counter-notification mechanisms, and the responsibilities of digital platforms
to more effectively protect the copyright of online newspapers in the digital
environment.
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