Many people believe that once a work’s copyright has expired, it can be used freely without regard to any other legal factors. However, in reality, using a work whose copyright has expired still has to comply with certain principles under the Intellectual Property Law. Let’s explore whether using a work whose copyright has expired is a violation in the article below!
When does a work’s copyright expire?
Determining whether a work’s copyright has expired is a very important factor before you decide to exploit or reuse that work. Misunderstanding this timeframe can easily lead users into unknowingly violating copyright.
According to Article 27 of the 2022 Intellectual Property Law, the copyright protection period is divided into moral rights and property rights.
In summary:
- Moral rights (naming the work, being credited as the author, protecting the integrity of the work, etc.) are protected indefinitely.
- Property rights (copying, distributing, creating derivative works, communicating to the public, etc.) are protected only for a specific period. Specifically, Clause 2 of Article 27 stipulates: Property rights are protected throughout the author’s lifetime and for 50 years after the author’s death. The protection period ends at 24:00 on December 31st of the year the protection period expires.
For works with co-authors, the protection period is calculated from the year the last co-author dies. Upon expiration of this period, the work is considered to belong to the public and is no longer limited by the author’s property rights.
Is it a violation to use a work whose copyright has expired?
When the copyright protection period has expired, you do not need permission or have to pay royalties when performing the following actions:
- Copying the work
- Distributing and publishing
- Adapting, modifying, or recreating
- Using it for commercial purposes
However, this does not mean you have the right to use it at will. Because, even though the copyright has expired, the author’s moral rights are still protected permanently according to Clause 1, Article 19 of the 2022 Intellectual Property Law, including:
“Naming the work;
Using one’s real name or pseudonym on the work;
Protecting the integrity of the work, preventing others from modifying, abridging, or distorting it in a way that harms the author’s honor and reputation.”
Therefore, when using a work whose copyright has expired, you are still required to:
- Clearly state the author’s name
- Not distort or misrepresent the content
- Not harm the author’s honor or reputation
In summary, once the copyright protection period for a work has expired, you have the right to exploit and use it without permission or royalties. However, such use must still be within the limits of respecting the author’s moral rights. Ignoring these principles can still lead to legal risks, even if the work is now in the public domain.
Common misunderstandings when using works after copyright expires
Many people believe that when a work’s copyright protection expires, it becomes “common property,” and anyone can use, edit, cut, paste, or modify it as they wish without regard to legal factors. This understanding is incomplete and carries many risks of violating the author’s personal rights.
In reality, after the copyright protection expires, the work can be exploited more widely in terms of use. However, the author’s personal rights are still protected indefinitely by law. This means that users must still respect the name, reputation, spirit, and original value of the work.
Some situations that can easily lead to infringement include:
- Take a classic literary work whose copyright has expired and modify its content in a way that distorts the author’s intended message.
- Cutting, distorting, or altering the content of a work for personal gain, negatively impacting the author’s honor and image.
- Republishing, posting, or distributing a work without properly attributing the author’s name.
These actions, even when performed on a work whose intellectual property protection period has expired, can still be considered an infringement of the author’s moral rights under the Intellectual Property Law.
Furthermore, a frequently overlooked point is that translations, adaptations, illustrations, and productions created from works whose copyright protection has expired may still be protected by copyright if they are the original creations of the creator.
For example, the copyright for The Tale of Kieu has expired. However, derivative works from The Tale of Kieu that are independently protected by copyright include:
- An English translation of The Tale of Kieu by a translator
- Modern illustrations for The Tale of Kieu
- Stage and film adaptations of The Tale of Kieu
In this case, you cannot use these derivative works without permission from the original creator.
Therefore, using a work whose copyright has expired does not mean you have the full right to use all versions related to that work. Users need to clearly distinguish between original works that are already in the public domain and derivative works that are still under protection to avoid violating the law.
The above is an article titled “Is it a violation to use a work whose copyright has expired?“. Understanding the protection period and the scope of permitted use will help you exploit the work legally, safely, and avoid unnecessary legal risks.
Sincerely,
FAQ
Because the author’s moral rights are protected indefinitely. If you do not credit the author, or if you cut, distort, or alter the content in a way that affects the author’s honor and reputation, it can still be considered copyright infringement.
Not necessarily. Translations, illustrations, adaptations, etc., are derivative works and may be independently protected. When using these versions, you still need to ask permission from the creator.