Rights of broadcasting organisations
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Broadcasters hold exclusive rights in their broadcasts and signals — protecting both what was aired and the signal carrying it.
Broadcasting organisations — radio and television stations — are the third holder under the related-rights regime. Their right targets not the work being broadcast but the broadcast and the signal carrying it.
The broadcaster's four exclusive rights
Under Article 31 of the IP Law, a broadcaster has the exclusive right to do or authorise: (1) broadcasting and rebroadcasting its own broadcasts; (2) distributing its broadcasts to the public; (3) fixing its broadcasts; and (4) reproducing the fixations of its broadcasts. The broadcaster is also entitled to material benefits when its programmes are recorded and distributed to the public.
Why a separate "rebroadcasting" right exists
The rebroadcasting right matters in the era of pay television and streaming. When a cable or OTT provider grabs a station's channel and retransmits it to its own subscribers without permission, it touches the exclusive rebroadcasting right — a common source of disputes in the industry.
Rights in encrypted programme-carrying satellite signals are protected separately by the Brussels Convention (in force for Vietnam since 12 January 2006) — the international basis for fighting unauthorised reception, decoding and redistribution of satellite signals.
Term
Broadcasters' rights run 50 years from the year following the year the programme was transmitted (Article 34), ending at 24:00 on 31 December of the final year.
Registration and cost
The right arises automatically; registration is evidentiary only. The certificate fee for a broadcast is VND 500,000.
The boundary with the other two holders
A television programme may carry three layers of related rights at once: the artists' performance, the recording made by a producer, and the broadcast transmitted by the station. Each layer has its own holder and its own term — see the related-rights overview.
Common mistakes
Assuming a free-to-air broadcast is "public property". A programme aired on a free channel is still protected. Re-recording and reposting a whole programme online, or retransmitting it to paying subscribers, can infringe the station's exclusive rights.
Assuming the station's permission is enough to use the whole content. The station grants only its layer — the broadcast. The content inside (the work, the recording, the performance) must be cleared separately with each holder.