When talking about stage plays, many people often think that the “author” is the scriptwriter, the playwright. But in reality, in stage creation, the role of the stage director is extremely important: they are the ones who shape the staging, layout, visuals, performance… So according to Vietnamese copyright law, Is the director considered the author of a stage work?? What are their roles and powers? Let’s find out with VCD in the article below!
What is a stage work?
According to Article 11, Clause 1 of Decree 22/2018/ND-CP, a stage work is defined as follows: “Works belonging to the performing arts genre, including: cheo, tuong, cai luong, puppetry, drama, folk drama, physical drama, musicals, circus, comedy, variety shows and other performing arts.”
Thus, a theatrical work is a collection of creative artistic performances, expressed through staging, performance and combining many elements such as script, music, acting, stage, lighting… to form a complete artistic whole.
From the perspective of intellectual property, theatrical works are one of the types of works protected by copyright under Clause 1, Article 14 of the 2022 Intellectual Property Law. This is a type of work that is protected when there is creativity and is expressed in a certain fixed form.
Is the director considered the author of a theatrical work?
This is a question that many artists, theaters and production units are interested in. Because a successful play depends largely on the director’s hand: shaping the style, layout, acting, stage effects…
The concept of “author” under the Intellectual Property Law
According to Clause 1, Article 12 of the Intellectual Property Law 2022, an author is a person who: “Directly creates a part or the whole of a work.”
This concept emphasizes that the author is the subject who directly participates in the creative process, not just in the role of providing general ideas or technical support. The author is the person who creates the content, form of expression or creative artistic elements of the work.
Thus, any individual who directly creates the content or form of expression of a work can be considered an author.
Does the law recognize the director of a theatrical work as an author?
According to Article 21 of the Intellectual Property Law 2022, individuals who participate in the creation of a theatrical work, including the director, are recognized as authors and enjoy certain personal rights.
The content of the law stipulates: “Those who perform creative work on stage works such as directors, choreographers… have the right to be named and enjoy related rights according to regulations.”
Therefore, not only scriptwriters but also directors, choreographers, musicians, stage designers… can be considered authors if they directly create parts of the content or performance form, contributing to the formation of a complete stage work. In short, directors are considered authors, but it is necessary to clearly understand that their scope of authorship is different from that of script authors.
In what aspects is a director an author of a stage work?
A director is not an author of a script, but is the author of the staging and form of the work. Specifically, the director is recognized as an author because:
- They directly create the way the script is presented on stage
- They decide the rhythm, acting, layout, and space handling
- They shape the artistic style of the play
- They create an independently creative staged work
As long as they directly create the content or form of presentation of the play, they can be recognized as an author under the Intellectual Property Law 2022. Therefore, the director is considered a co-author or author of the performance of the stage work.
Rights of the director in a theatrical work
Depending on the agreement with the production unit, the director may have the following rights:
- Personal rights: According to Articles 19 and 21 of the Intellectual Property Law 2022, the director has the right to: Be named when the work is performed or promoted, to have his/her honor and reputation protected in his/her work, and to be required to respect the staging idea. This is a non-transferable right.
- Property rights: According to Decree 21/2015/ND-CP, the director is entitled to royalties for his/her contribution to the play. The royalty rate can be agreed upon by the parties, but the law assumes that the director has the right to be paid commensurate with his/her creative efforts. However, the right to economic exploitation of the entire play (recording, screening, adaptation, etc.) usually belongs to the investor or the theater, unless otherwise stipulated in the contract.
The above is the answer to the question of whether the director is considered the author of the stage work or not. This not only protects the legal rights of the director but also affirms their important role in the process of creating and forming each stage play.
Sincerely,
FAQ
The economic ownership of the entire theatrical work usually belongs to the theater or production unit, unless otherwise agreed in the contract. The director may receive royalties or a percentage of profits from exploiting the play but does not automatically own the full economic exploitation rights without signing a clear contract.
To protect the copyright in a theatrical work, the director should:
Sign a clear contract with the production unit, recording personal rights and property rights;
Register the copyright of the staging with the Copyright Office;
Request to have his name listed in the program, poster, and promotion of the play;
Keep records and documents related to the staging and creative process;
Clearly agree on royalties and benefits from exploiting the play.