In the context of strong development of graphic design, protecting the rights of creative works is becoming an issue of concern to many people. One of the ways to help ensure that creative ideas and efforts are not infringed is through the copyright registration process. So, how to register copyright for graphic design? Please follow the article of VCD below.
1. Is graphic design an object protected by copyright?
According to Clause 1, Article 14 of the 2005 Intellectual Property Law (amended by Clause 5, Article 1 of the 2009 amended Intellectual Property Law and replaced by Point a, Clause 82, Article 1 of the 2022 amended Intellectual Property Law), applied art works are one of the types of works protected by copyright.
Referring to Clause 8, Article 6 of Decree 17/2023/ND-CP, applied art works include:
Graphic design:
- Form of expression of logos, brand identity and product packaging.
- Form of expression of characters.
Fashion design: Design with aesthetic value related to product shaping.
Interior design: Including interior and exterior decoration with aesthetic value.
Applied art works must be expressed in the form of aesthetic product shaping, and the creation of these works cannot be easily performed by people with average knowledge in the corresponding field. However, this does not include the external shaping elements of the product but only serves its basic function.
Therefore, graphic design is one of the subjects protected by copyright under current law.
2. What conditions must a graphic design copyright registration application meet?
The procedure for registering a graphic design copyright is similar to that for any other copyright protected subject. This registration procedure must be carried out at the Copyright Office or other locations receiving valid applications of the Copyright Office. The composition of the application is also specified in detail in Clause 2, Article 50 of the current Law on Intellectual Property. Requirements for works, performances, audio and video recordings, and broadcasts in the application for copyright and related rights are specified in Article 43 of Decree 17/2023/ND-CP.
Accordingly, graphic designs in the application for copyright registration must meet the following conditions:
Copies of works: Must be clearly shown on A4 paper, ensuring the correct layout, lines, colors, and shapes of the entire work.
Non-Vietnamese letters and words: If the work contains letters or words that are not in Vietnamese, the pronunciation (transliteration into Vietnamese) must be clearly stated. If the letters or words have meaning, they must be translated into Vietnamese. For numbers that are not Arabic or Roman numerals, they must be converted to Arabic numerals.
Works related to medicine and education: If the work has content related to medicine, education, or other specialized fields, there must be documents, papers confirming, assessing, or approving from the competent authority.
If the registration dossier fully meets the conditions, the Copyright Office will issue a Certificate of Copyright Registration for the graphic design. This certificate is valid for protection throughout the territory of Vietnam and is an important legal basis to protect the rights of the author as well as the owner of the work.
3. Duration of protection for graphic design
After completing the graphic design copyright registration procedure, the Copyright Office will receive a Certificate of Copyright Registration for the work, which is valid throughout the territory of Vietnam. Property rights related to copyright for graphic design works will be protected for a period of seventy-five years from the date of first publication of the work.
In addition, the author’s personal rights, including: the right to name the work; the right to have his/her real name or pen name on the work; the right to have his/her real name or pen name mentioned when the work is published or used; and the right to protect the integrity of the work, not allowing others to modify, cut or distort the work in any form that affects the honor and reputation of the author, will be protected indefinitely.
Registering for graphic design protection is an important step in protecting the rights of the author and the owner of the work. Compliance with the correct procedures and legal regulations not only helps ensure legal rights but also creates peace of mind for creators. If you are looking for information about related regulations and procedures, please contact VCD for direct and prompt support.
Above is the article “How to register copyright for graphic design?” sent to you by VCD. We hope this article is useful to you.
Sincerely,
