In the context of international integration, creative collaboration between Vietnamese and foreign authors is becoming more and more popular. These works can be of many different types such as literature, art, science, computer programs, etc. When there is a need to register copyright in Vietnam, the question is how to register copyright for works created by Vietnamese and foreign authors? The following article from VCD will help you.
1. What is co-authorship?
According to Article 12a of the current Intellectual Property Law, it is stipulated that:
2. A person who supports, gives opinions or provides materials for another person to create a work is not the author or co-author.
3. The exercise of personal rights and property rights to co-authored works must have the agreement of the co-authors, except in cases where the work has separate parts that can be separated for independent use without prejudice to the parts of other co-authors or other laws provide otherwise.
Co-authors are those who directly create literary, artistic, or scientific works.
Co-authors can be indivisible co-authors and divisible co-authors. Indivisible co-authors cannot be determined when it is not possible to determine which part of the work each co-author created. Divisible co-authors can be when each co-author creates a part of the work and that part can be used independently (divided in a cross-sectional form) or each author creates a part throughout the work (divided in a vertical form).
For works with co-authors, the use and disposal of the work must be agreed upon by all co-authors. If a co-author has died, the agreement of the co-author’s heir must be obtained.
2. What is the copyright registration procedure for works co-created by Vietnamese and foreign authors?
Clause 2, Article 13 of the current Law on Intellectual Property stipulates the conditions for foreign authors to register for protection in Vietnam:
“Authors and copyright owners specified in Clause 1 of this Article include Vietnamese organizations and individuals; foreign organizations and individuals whose works are first published in Vietnam but have not been published in any other country or are simultaneously published in Vietnam within thirty days from the date the work is first published in another country; foreign organizations and individuals whose works are protected in Vietnam under international treaties on copyright to which the Socialist Republic of Vietnam is a member”.
Thus, foreign authors still have the right to apply for copyright registration in Vietnam, as long as their works are within the scope of protection. This is the legal basis to affirm the legality when carrying out procedures for co-created works with foreign elements.
When registering copyright, Article 50 of the Law on Intellectual Property and Article 39 of Decree 17/2023/ND-CP clearly stipulate the components of the dossier to be submitted. The dossier includes a copyright registration form, two copies of the work, identification documents of the author, authorization documents (if any) and documents proving the right to submit the dossier. In case a foreign author participates in co-creation, identification documents such as passports must be notarized and translated into Vietnamese. In addition, if there is an agreement between co-authors established abroad, this document must be consularized according to Article 5 of Decree 17/2023/ND-CP, except in cases exempted by international treaties.
Regarding the submission process, the dossier can be submitted to the Copyright Office in Hanoi or representative offices in Ho Chi Minh City and Da Nang. Within 15 working days from the date of receiving a complete and valid dossier, the Copyright Office will issue a Certificate of Copyright Registration. On this certificate, the names of both the Vietnamese author and the foreign author are recorded, ensuring equal rights between co-authors.
From the above analysis, it can be seen that the copyright registration procedure for a co-created work between a Vietnamese author and a foreign author is basically similar to that of a domestic work. The main difference lies in the preparation of a valid dossier for the foreign author, including translation, notarization, consular legalization and clear agreement between the co-authors.
Above is the article “What is the copyright registration procedure for a work co-created by Vietnamese and foreign authors?” that VCD sends to you. We hope this article is useful to you.
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