Many people still believe that only when they possess a copyright registration certificate is their work legally protected. This misconception has caused many individuals and organizations to delay protecting their legitimate rights when disputes arise. So, according to the Intellectual Property Law, from what point in time does copyright arise? Is registration mandatory? This VCD will help you understand the true and complete legal nature of copyright.
Copyright
According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.”
This regulation shows that the subject of copyright is not only the person who directly creates the work, but in many cases can also be an organization or individual to whom the right is legally transferred by agreement or by law. Copyright is established to protect the fruits of intellectual labor, fully recognizing the spiritual and material rights of authors and owners, while creating a legal framework to encourage creative activities, research, and the dissemination of knowledge in society.
According to Article 14 of the Intellectual Property Law, copyright is protected for literary, artistic, and scientific works, including but not limited to:
- Written works: books, articles, textbooks, lectures, scripts
- Musical, theatrical, and cinematic works
- Fine art and architectural works
- Technical drawings and maps
- Computer programs and databases
It is important to note that the law does not protect ideas, but rather the specific form of expression of the work.
Copyright comprises two basic groups of rights:
- Moral rights: naming the work, being credited as the author, publishing the work, protecting the integrity of the work.
- Property rights: copying, distributing, communicating the work to the public, renting, creating derivative works, etc.
All of the above rights are protected by law from the moment copyright arises, thereby creating a solid legal basis for authors and copyright owners to protect their legitimate interests when disputes or copyright infringements occur.
Does copyright arise from the date of registration?
Many individuals and organizations still believe that copyright only arises when a registration application is filed and a copyright certificate is issued. However, this understanding is inconsistent with current intellectual property law and easily leads to misunderstandings in protecting the legitimate rights of authors.
According to Clause 1, Article 6 of the 2022 Intellectual Property Law, it is stipulated that: “Copyright arises from the moment the work is created and expressed in a certain tangible form, regardless of content, quality, form, medium, language, whether published or not, registered or not registered.”
Thus, copyright does not arise from the date of registration. Copyright arises automatically as soon as the work is created and expressed in a specific tangible form.
Is copyright registration mandatory?
The Intellectual Property Law does not require authors or copyright owners to register their work in order to receive protection. This is entirely consistent with the Berne Convention on the Protection of Literary and Artistic Works, of which Vietnam is a member, according to the principle: “Copyright is protected regardless of any formal procedures.”
Although not mandatory, copyright registration is essential and encouraged in practice, especially when the work has economic value or is easily infringed upon.
According to Article 49 of the Intellectual Property Law, authors and copyright owners have the right to register their copyright with the Copyright Office and be granted a Certificate of Copyright Registration. This certificate has significant legal importance and serves as strong evidence to prove ownership.
According to Clause 3, Article 49 of the 2022 Intellectual Property Law: “The Certificate of Copyright Registration is the basis for determining copyright and related rights.”
In case of disputes, the holder of the Certificate is usually presumed to be the legitimate rights holder. The other party has the obligation to prove otherwise. Conversely, if not registered, the author still has rights but must independently gather evidence and prove the time of creation and the process of forming the work. This process is often difficult, time-consuming, and carries potential legal risks.
The above article, “Does Copyright Arise from the Date of Registration?“, aims to help readers understand the true legal nature of copyright under the Intellectual Property Law. Thus, copyright arises automatically as soon as a work is created and expressed in a tangible form, regardless of registration.
Sincerely,
FAQ
The law only protects the specific form of expression of a work, not the idea. Only when the idea is expressed as a concrete work is it protected by copyright law.
Copyright includes two basic groups of rights: moral rights and property rights. Moral rights are linked to the honor and reputation of the author, while property rights relate to the exploitation of the economic value of the work and are protected by law under the Intellectual Property Law.