Many individuals and organizations are confused when preparing for copyright and related rights registration because they are not familiar with the required documents according to the law. Missing documents or providing incorrect information can lead to the application being rejected, prolonging the time it takes to issue the certificate. This article from VCD will help you understand what documents are included in a copyright and related rights registration application.
What are copyright and related rights?
According to Clauses 2 and 3 of Article 4 of the 2022 Intellectual Property Law, copyright and related rights are defined as follows:
Copyright is the legal right of an organization or individual to a work directly created by them or legally owned by them.
Related rights to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to objects arising from the exploitation and transmission of works such as performances, sound recordings, video recordings, broadcast programs, and satellite signals carrying encoded programs.
What documents are included in a copyright and related rights rights application?
To be granted a Certificate of Copyright and Related Rights Registration, individuals and organizations need to prepare a complete application dossier in accordance with the law. Based on Article 50 of the Intellectual Property Law 2022, the application dossier for copyright and related rights registration includes the following documents:
1. Registration application form
This is the most important document. Applicants must provide complete and accurate information regarding: author, owner, title of the work, completion date, publication date (if applicable), etc.
Note: Clearly state your address, phone number, and email address so that the competent authority can contact you when necessary. If the author is also the owner, only one declaration is required.
2. Two copies of the work for which authorship is being registered or two copies of the fixed form of the object for which related rights are being registered.
For works with unique characteristics, copies may be printed, photographed, or recorded on a storage device.
Examples:
- Copyright and related rights registration for a film script: submit two printed copies of the script.
- Copyright and related rights registration for a design logo: submit two color printed copies of the logo on A4 paper.
- Copyright and related rights registration for an electronic lecture: submit two copies stored on a USB or CD.
3. Power of attorney (if applicable)
If the applicant does not personally submit the application but authorizes another individual/organization, a valid power of attorney, notarized or certified, is required.
Example: Author A authorizes Intellectual Property Representative Office B to submit the registration application; a legally valid power of attorney between the two parties is required.
4. Documents proving the right to file the application (if applicable)
This applies when the applicant acquires rights from another person through inheritance, transfer, or agreement.
Example: Musician X transfers all copyrights to entertainment company Y; the transfer agreement must be submitted upon registration.
5. Written consent of co-authors (if applicable)
If the work was created by multiple individuals, a document showing the unanimous agreement of all co-authors regarding the registration is required.
Example: Three artists collaborate on a series of illustrations; when registering, a written consent from all three is required.
6. Written consent from co-owners (if any)
In cases where copyright is jointly owned by multiple individuals/organizations, written consent from all parties is required.
Example: A university and a business collaborate on a training materials program; when registering, a written agreement from both entities is required.
General note: All documents in the application must be in Vietnamese. If documents are in a foreign language, they must be translated into Vietnamese and notarized according to regulations.
Common mistakes when preparing copyright and related rights registration applications
In practice, many copyright and related rights registration applications are returned or require additional information because applicants are not familiar with the regulations regarding the components and format of the documents. Some common errors include:
- Incomplete information in the application form
- Incomplete copies of the work, lacking written consent from co-authors or co-owners
- Power of attorney not notarized/authenticated, or foreign-language documents not translated into Vietnamese as required.
Careful review of the application before submission will help minimize these errors, ensuring a quick and smooth registration process.
The above is an article titled “What documents are included in a copyright and related rights application?”. If you still have difficulties in preparing the application or need assistance with the registration procedure, you should consult a professional to ensure your legal rights regarding the work and related rights are protected.
Sincerely,
When a work is created jointly by multiple individuals or the copyright is jointly owned by multiple individuals or organizations, the applicant must provide documentation demonstrating the consent of all parties involved.
Yes, but it must be translated into Vietnamese and notarized/certified according to regulations before being submitted with the application.