The work is considered as the brainchild of the author, which the author spends time and effort to perfect in the most perfect way. Therefore, copyright protection for works plays a very important role in recognizing the creativity of the creator. However, there are now many bad actors who, despite the unethical behavior, steal other people’s work in exchange when it has not been published. So, properly understand what the publication of the work is, please read with VCD to follow the article below.
1. What is the publication of the work? What is the right to publish a work?
1.1. Publication of works
Unpublished works are the most vulnerable to theft because no one has yet claimed ownership of them. To easily prove ownership of the work when there is a dispute, authors and copyright holders should publish their work to the public as soon as possible.
Understood in the usual way, publication of works is the public release of literary, artistic and scientific works to let people know in forms such as publishing, displaying, performing, presenting… or registering such work at a competent state agency per with the provisions of law.
1.2. Right to publish works
Publishing works is one of the important contents of copyright. The author in the case of being simultaneously the owner of the work has the full right to publish, disseminate or for others to publish and disseminate his work. When announcing a work, the author also has the right to choose the form and type of art suitable for that work.
The right to publish a work or allow others to publish the work is one of the moral rights of copyright provided for in the Law on Intellectual Property.
According to Clause 2, Article 20 of Decree 22/2018/ND-CP dated February 23rd 2018 detailing many articles and measures to implement the Law on Intellectual Property in 2005 and the Law amending and supplementing several articles of the Law on Intellectual Property in 2009 on copyright and related rights stipulates:
“The right to publish the work or allow others to publish the work specified in Clause 3, Article 19 of the Law on Intellectual Property means the release of the work to the public with a reasonable number of copies to meet the needs of the public depending on the nature of the work, performed by the author or copyright owner or by another individual or organization with the consent of the author or copyright owner.
Publication of works does not include the performance of a theatrical, cinematic, musical work; public reading of a literary work; broadcasting literary and artistic works; display of photographic works; building from architectural works.”
It can be seen that, from the perspective of copyright law, the term “publication of works” is interpreted differently from the usual understanding. Accordingly, publication of the work is understood as the release of copies of the work to the public, in reasonable quantities to meet the needs of the public depending on the nature of the work, with the consent of the copyright owner. The publication of the work depends on the subjective will of the author or copyright owner, regardless of the time of appearance or the number of times the work was introduced to the public and whether it was known to the public.
Thus, the time of publication of a work is the time when the author, the copyright owner releases to the public a reasonable number of copies of the work to meet the needs of the public.
2. The meaning of the publication of the work
Determining whether a work has been published or not is important to the author or copyright owner for the following reasons:
First, identifying a published work means determining when that work is published. This moment is important in the calculation of the protection period of the work.
Second, the identification of a published work determines the territorial limits for which the work is protected because the scope of copyright protection is territorial.
Third, the identification of published works determines the limits of copyright and related rights. The limit of copyright protection and related rights is the cases of using works without permission, without paying royalties and remuneration specified in Articles 25 and 32 of the Law on Intellectual Property 2022. Only “published” works can apply these two laws.
The labor of research and creativity is the tool and product of a cultural environment to which any countercultural behavior that occurs in that cultural environment is opposed. Therefore, to best protect the interests of authors and copyright owners, creators should register for copyright protection and related rights for their works.
Above is the article “Understand how is it right to publish the work”. We hope this article is useful to you.
