When changing the copyright owner of a work, is it necessary to re-register?

In creative and business activities, changing the copyright owner is quite common, arising from transactions such as transfer, donation, inheritance or business merger. Whenever there is a change in the subject holding the ownership of a work, the issue of concern is often whether it is necessary to re-register the copyright to ensure legal value. The following article from VCD will help you.

What is changing the copyright owner?

Changing the copyright owner is the transfer of legal ownership of a work from one organization or individual to another, giving rise to a new subject with the right to possess, use and dispose of the property rights of the work. According to Article 45 of the 2005 Law on Intellectual Property, amended and supplemented in 2022, the transfer of copyright is the transfer of ownership by the copyright owner to another organization or individual under a written contract. The transfer contract must clearly state the content of the rights to be transferred, the price, payment method and the rights and obligations of the parties.

In addition to the form of transfer, the law also recognizes the change of ownership through inheritance (as prescribed in Article 40 of the Law on Intellectual Property) or by decision of a competent authority in some special cases. After completing the procedure, the new owner will enjoy all property rights to the work, including the right to copy, distribute, communicate, lease, adapt… as prescribed in Article 20 of the Law on Intellectual Property.

However, the change of ownership only applies to property rights, while the author’s personal rights such as the right to name, the right to have the real name on the work, the right to protect the integrity of the work cannot be transferred (Article 19 of the Law on Intellectual Property). This demonstrates the principle of respecting the honor, reputation and spiritual connection of the author to the work he/she created.

When changing the copyright owner of a work, is it necessary to re-register?

According to the provisions of Vietnamese law, when changing the copyright owner of a work, it is not required to re-register the copyright, because this right automatically arises from the time the work is created and expressed in a certain material form, according to Article 6 of the 2005 Law on Intellectual Property, amended and supplemented in 2022. However, in practice, recording the change of ownership at the Copyright Office is necessary and encouraged to ensure a clear legal basis for the new owner in the process of managing, exploiting and protecting their rights.

Pursuant to Decree No. 17/2023/ND-CP guiding the Law on Intellectual Property, in case the work has been granted a Certificate of Copyright Registration, if there is a change of ownership due to transfer, donation, inheritance, merger or division of an organization, the new owner has the right to submit a request to record the change of information on the Certificate. This file usually includes: the application for a replacement of the Copyright Registration Certificate, the original of the issued Copyright Certificate, the contract or legal document proving the transfer of rights (such as a transfer contract, donation contract, inheritance document, etc.), and a copy of the new owner’s legal documents.

After receiving and reviewing the valid file, the Copyright Office will record the change and issue a new Certificate in the name of the new owner of the copyright. This does not create or terminate copyright, but only has the meaning of establishing and publicizing legal information about the person holding property rights to that work.

In reality, in many cases where disputes arise over the right to exploit, transfer, or use a work, having a Copyright Certificate in the name of the current owner will be important legal evidence to help protect rights before state agencies, courts, or when working with partners and international organizations.

Therefore, the law does not require re-registration of copyright when changing ownership, it is necessary to carry out the procedure for recording changes, contributing to ensuring transparency, avoiding legal risks and improving the effectiveness of copyright protection in practice.

Above is the article “When changing the copyright owner of a work, is it necessary to re-register?” that VCD sent to you. We hope this article is useful to you.

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