Computer programs are one of the types of works protected by copyright, so when does copyright arise for computer programs? Please read VCD’s article below for more information.
1. Copyright for computer programs
Regarding the definition of computer programs, Clause 1, Article 22 of the Intellectual Property Law stipulates:
“A computer program is a set of instructions expressed in the form of commands, codes, diagrams or other forms that, when attached to a means or device operated by a computer programming language, are capable of doing for a computer or device to do a job or achieve a specific result. Computer programs are protected as literary works, whether expressed in source code or machine code.”
Computer programs are a type of work protected by copyright, recorded at Point g, Clause 1, Article 14 of the Intellectual Property Law. In Vietnam, computer programs are protected as literary works but not as industrial property rights. Specifically, Clause 2, Article 59 of the Intellectual Property Law recognizes that computer programs are one of the objects that are not protected as inventions.
Copyright for computer programs is specifically regulated in Article 12 of Decree 17/2023/ND-CP as follows:
- The author is also the copyright owner and enjoys moral rights and property rights prescribed by the Intellectual Property Law
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- The author is not the copyright owner and enjoys moral rights (except the right to publish the work); Copyright owners enjoy property rights and the right to publish or allow others to publish their works specified in the Intellectual Property Law.
- Organizations and individuals have the right to legally use a copy of a computer program with errors corrected on that copy of the computer program in case necessary for use.
- The right to lease a computer program is the right of the copyright owner to exclusively perform or allow others to lease for exploitation and use for a limited period.
- The right to lease a computer program does not apply in cases where the computer program is not the main object of rental, such as a computer program associated with the normal operation of vehicles or other vehicles. machinery and other technical equipment.
2. Time when copyright arises for computer programs
According to Article 6 of the Intellectual Property Law, the basis for arising and establishing intellectual property rights is prescribed as follows:
“1. Copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished. father, registered or not registered.”
Accordingly, the time for a basis to arise and establish copyright protection for a computer program is from the moment that program is shaped into a certain physical form, regardless of content or quality. , form, means, language, and there is no need to carry out any procedures for publication or registration for protection.
However, to best protect their rights and prevent disputes, authors and copyright owners should register the copyright immediately after completing the work. Because, in reality, proving copyright without registration for protection is very difficult, consuming a lot of time, cost, and effort, while if a dispute arises, the organization or individual has If you are granted a Copyright Registration Certificate, you are not obliged to prove that your copyright belongs to you. The copyright registration certificate is the most important and basic document to prove copyright in a work, therefore authors and copyright owners should carry out registration procedures as soon as possible.
Above is the content of the article “Time of arising of copyright for computer programs“. We hope this article is useful to you.
