In business practice, the legal representative is usually the person directly managing, operating, and participating in the creation of many intellectual products such as logos, internal documents, advertising publications, software, or training content. When registering copyright for these works, many businesses wonder whether it is possible to register copyright in the name of the legal representative, or if it must be in the name of the company. Identifying the correct registrant not only affects the legal validity of the Certificate but also plays a crucial role in managing and exploiting the company’s intellectual property.
What is copyright registration?
According to Clause 1, Article 6 of the 2005 Intellectual Property Law (amended and supplemented in 2022), copyright arises from the moment a work is created and expressed in a certain tangible form, regardless of whether or not it is registered. Therefore, copyright registration is not a condition for the creation of copyright.
However, according to Articles 49 and 53 of the Intellectual Property Law, copyright registration is an administrative procedure carried out by the Copyright Office to record information about the work, the author, and the copyright owner. The copyright registration certificate is the initial legal evidence to determine the status of the rights holder and the time of establishment of the rights, and is especially important in cases of disputes, complaints, or handling of copyright infringement.
Therefore, although not mandatory, copyright registration is considered a necessary legal measure to protect the legitimate rights and interests of authors and copyright owners, especially in the business environment.
Is it possible to register copyright in the name of the legal representative?
According to the Intellectual Property Law, the person named on the Copyright Registration Certificate must be the actual author and/or copyright owner of the work. The law does not recognize registration based solely on title or management position, including the legal representative of a business.
Based on Article 13 of the Intellectual Property Law, an author is an individual who directly creates a work through their intellectual labor. Therefore, if the legal representative directly creates the work and there is no agreement to transfer the rights to the business, then this person is recognized as the author and may simultaneously be the copyright owner. In this case, registering the copyright in the name of the legal representative is in accordance with the law, but in their personal capacity, not as a business representative.
Conversely, according to Article 39 of the Intellectual Property Law, for works created as part of a task assigned by an organization or under an employment contract, the organization is the owner of the property rights to the work, unless the parties agree otherwise. In this case, even if the legal representative directly participated in the creation, the Copyright Registration Certificate must still recognize the business as the copyright owner, while the individual is only recognized as the author. Registering the copyright in the name of the legal representative instead of the business is inconsistent with the legal nature of the right.
Furthermore, according to Articles 45 and 46 of the Intellectual Property Law, the author or copyright owner has the right to transfer the property rights to the work to other organizations or individuals through a contract. If the original legal representative was the copyright owner but has transferred the rights to a business, then after the transfer takes effect, the business becomes the copyright owner and the entity named on the Certificate of Copyright Registration. In this case, continuing to register under the legal representative’s name would not accurately reflect the legal status of the rights.
In short, a legal representative can only register a copyright if they are actually the author or copyright owner, not simply because they represent the business.
The Role of Copyright Registration for Businesses
For businesses, copyright registration is a crucial legal tool for establishing and managing intellectual property. A copyright registration certificate helps businesses prove their legal ownership of works they have invested in, commissioned, or acquired through transfer, thereby creating a solid foundation for commercial exploitation, licensing, transfer, or capital contribution using copyright.
In addition, in case of disputes, a copyright registration certificate reduces the burden of proof for businesses, making it easier to request competent authorities to handle infringement through civil, administrative, or criminal measures. Registering under the correct name, avoiding registration under an incorrect capacity, also helps businesses limit the risk of internal disputes, especially disputes between individual creators and businesses regarding copyright ownership.
Therefore, accurately identifying who is the registered copyright holder is not only a legal requirement but also a key element in a business’s strategy for protecting and exploiting intellectual property.
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No, except in cases where the legal representative is the copyright owner; if the rights belong to the business, the business name must be included.
Only when there is an agreement to transfer rights can the business be recognized as the owner; Otherwise, the business does not automatically have rights to the work.