Who is allowed to register copyright for theatrical works?

In the field of performing arts, theatrical works are the crystallization of creativity, intellectual labor and emotions of many people from screenwriters, directors, to actors, musicians, choreographers… Therefore, registering copyright for theatrical works not only helps protect the legitimate rights of creators but is also an important step to affirm the value and intellectual sovereignty of the work. So who is allowed to register copyright for theatrical works? Let’s find out more details with VCD in the article below.

What is a theatrical work?

According to Article 11 Clause 1 Decree 22/2018/ND – CP: “The stage work specified in Point d Clause 1 Article 14 of the Law on Intellectual Property is a work belonging to the performing arts category, including: Cheo, Tuong, Cai Luong, puppetry, drama, folk drama, physical drama, musical, circus, comedy, variety and other performing arts.”

In other words, a stage work is a creative product of a synthetic nature, combining script content, music, acting, staging, costumes, lighting and expressive arts of actors. This work not only exists in written form (script) but is also vividly expressed through performances on stage.

Because of the participation of many different creative elements, a theatrical work often has many subjects contributing their efforts and intelligence, so determining the author and copyright owner is a very important issue to ensure the rights of the parties involved.

Who is allowed to register copyright for a theatrical work?

According to Article 13 of the 2022 Intellectual Property Law, the following subjects are allowed to register copyright for a theatrical work:

Authors who directly create the work

This is the person who personally creates all or part of the content of the work, for example:

• Stage script author (person who writes the content, dialogue, structure of the play);

• Director (person who stages, directs the art and expresses the stage ideas);

• Choreographer (if it is a dance, musical, ballet);

• Musicians, stage designers, costume designers (if these elements are independent creations of a work).

These individuals can register copyright for their own creative work, as long as it is independent and has its own value.

Co-authors

A stage play is often the result of collaboration between many people. In this case, if all of them participate in the creation with a common purpose and their contributions are inseparable, they are considered co-authors. For example:

• The screenwriter and director jointly create a play from the idea stage to completion.

• Two people jointly write a script or a stage program.

In that case, all co-authors have the right to register copyright for the stage work, and this right is established for the entire group.

Copyright owners

The author is not always the one who holds the right to register. In many cases, copyright belongs to the organization or individual who assigns the task or invests in the creation of the work. For example:

• A theater, drama troupe, or art company assigns the task to the author to write the script and direct the production.

• A business sponsors or orders the production of a play under a contract.

In that case, the organization, business, or individual who invests is considered the copyright owner and has the right to register in their name. However, personal rights (such as the right to register, the right to protect the integrity of the work) still belong to the original author, unless otherwise agreed.

2.4. Heirs, assignees of copyright

If the author or copyright owner transfers the rights, or has passed away and the rights are legally inherited, the assignee or heir also has the right to register the copyright. This ensures that the legal rights are maintained and protected in the event that the author no longer directly manages the work.

Benefits of registering copyright for stage works

Registering copyright is not mandatory, but brings many practical benefits to artists and performing organizations:

• Prove legal ownership: The certificate is clear legal evidence when a dispute occurs.

• Prevent illegal copying and staging: Helps protect creative efforts, avoid the situation of “directors remaking”, “copying scripts” without permission.

• Increase commercial value: Registered works are easier to sell copyrights, license performances, broadcast or publish.

• Affirm reputation and personal brand: Especially important for professional artists, directors, and screenwriters.

Above is the article Who is allowed to register copyright for stage works? that VCD shares with you. If you need assistance with copyright registration procedures for stage works, please contact VCD – a professional copyright consultancy unit, to help you complete your application quickly, accurately and legally according to the latest regulations.

Sincerely,

FAQ