How is copyright for paintings regulated?

Paintings are a creative art form but are also a field that is often copied, plagiarized, and used illegally. Therefore, understanding copyright for paintings plays an extremely important role. In the article below, VCD will help you understand copyright for paintings in accordance with Vietnamese law.

What is a painting?

According to the 2022 Intellectual Property Law, paintings belong to the group of plastic works, including artistic creations expressed through lines, layouts, and colors on any material.

Paintings can include:

• Oil paintings

• Acrylic paintings

• Silk paintings

• Watercolor paintings

• Pencil paintings, sketches

• Digital paintings

• Paintings made of synthetic materials

Whether done by manual or technological methods, as long as the work bears its own creative mark and is “shaped in a certain material form”, it is considered a painting and is subject to copyright protection.

Conditions for a painting to be protected by copyright

A work is protected by copyright as soon as it is created and shaped, regardless of registration.

Conditions for a painting to be protected include:

• The work is created by the author himself.

• Not copied or remade from another person’s work.

• Exists in material form: original painting, print, digital file.

So, whether you draw by hand or digitally, as soon as you complete the painting, you automatically own the copyright to your painting. However, in reality, artists and gallery owners often register copyright to have strong legal evidence when disputes arise.

What are the rights of copyright in a painting?

Copyright in a painting is divided into personal rights and property rights, specifically as follows:

Personal rights

This is a right attached to the author, the personal rights of the author of a painting include:

• The right to name the work.

• The right to have a name (real name or pen name).

• The right to publish the work for the first time or allow others to publish it.

• The right to protect the integrity of the work, prevent acts of cutting, modifying, or distorting the content that affect the author’s reputation.

Personal rights (except the right to publish) cannot be transferred to others.

Property rights

The property rights of the author of a painting include:

• The right to copy and reproduce the work.

• The right to distribute and communicate the work to the public.

• The right to display or allow the display of the work.

• The right to publish the work on the digital environment (website, social network, NFT).

• The right to license the use or transfer property rights.

Property rights can be transferred or allowed to be exploited under a contract.

Why is it necessary to register copyright for a painting? What is the registration dossier?

Although the current law does not require copyright registration for paintings, registration still brings many practical and important benefits to artists as well as owners of the works:

• Create solid legal evidence when disputes arise: When a painting is copied, used illegally or there is a copyright dispute, the copyright registration certificate will be strong legal evidence to help identify the author, the time of creation and the legal ownership of the work. This is an important tool to protect the artist’s rights before the law.

• Affirm the artist’s reputation and brand: A copyrighted painting will help the artist be officially recognized as the author, thereby enhancing their reputation in the art community. This not only helps them to be recognized in the art world but also helps to increase the selling price of paintings, especially for high-value works or art collections.

• Increase the commercial value of the work: The copyright certificate helps to sign copyright contracts, print, display or export works more transparently and conveniently. This is the legal basis for negotiating royalties, copyright fees or profits from exploiting the work.

• Protect digital works: In the digital age, digital paintings are easily copied and shared illegally online. Copyright registration increases the legal protection for these works, helping artists proactively protect their rights when violations are detected.

To register copyright for a painting, the author or owner needs to prepare the following documents:

• Copyright registration form.

• 02 copies of the work (photo or print).

• ID card/CCCD of the author.

• Transfer of rights (if the owner is not the author).

Note: The time to issue a copyright certificate is usually 10-15 working days from the date the agency receives a complete and valid application.

The above is an overview of copyright of paintings according to Vietnamese law. Although registration is not mandatory, it is an important tool for artists to assert ownership, creating favorable conditions for business, publishing, displaying and protecting works against violations.

Sincerely,

FAQ