What should be done if a copyright registration application is rejected?

Copyright registration is a crucial step for individuals and organizations to protect their works from unauthorized copying and use. However, many applications are rejected due to errors in content or procedure. So, what should you do when your copyright registration application is rejected to ensure your rights are protected? This article from VCD will provide detailed guidance.

When is a copyright registration application rejected?

According to Clause 2, Article 52 of the 2022 Intellectual Property Law: “In case of refusal to grant a Certificate of Copyright or Related Rights Registration, the competent authority must notify the applicant in writing and clearly state the reasons.”

This regulation shows that the rejection of an application must be carried out transparently and with legal grounds, specifically:

• The rejection decision must be in official written form.

• Applicants have the right to know the reason for rejection.

• This is an important basis for applicants to amend or supplement their application or file an appeal if they believe the rejection is inappropriate.

In practice, copyright registration applications are often rejected due to several common reasons:

Reason 1: Incomplete or Incorrect Information

This is the most frequent reason, especially for those who prepare their own applications but are not familiar with legal regulations. Applications may be rejected if:

• The registration form is missing or incomplete, contains incorrect information about the author, owner, or type of work;

• Copies of the work are not submitted in the correct number or format as required;

• Documents proving ownership are missing, such as work contracts, rights transfer agreements, author’s commitment letters, or agreements between co-authors are missing.

Minor errors in personal information, creation dates, or inconsistencies between documents can also lead to rejection of the application.

Reason 2: The work is not eligible for protection

According to Article 14 of the Intellectual Property Law, only works that are creative and expressed in a certain physical form are protected by copyright. Therefore, the application will not be accepted if:

• The registered content is only at the level of ideas, concepts, or orientations and has not been expressed as a concrete product;

• The content is purely for factual informational purposes and lacks creative elements;

• The work belongs to categories not eligible for protection, such as legal regulations, procedures, methods of operation, systems, principles, or purely data.

In these cases, even if the application is complete in form, it may still be rejected due to not meeting the conditions for protection of content.

Reason 3: Failure to prove the right to file the application

The competent authority may also reject the application if the applicant cannot prove their legal status regarding the work, such as:

• The applicant is not the author or copyright owner;

• The application is submitted through another organization or individual without a valid authorization;

• Ownership of the work is subject to a dispute between parties.

In these cases, the receiving authority usually requests clarification or rejects the application if there is insufficient legal basis to prove the right to register.

Reason 4: The work shows signs of copying or infringing on the rights of others

If, during the assessment process, the competent authority finds that the work shows signs of copying from another source, lacks originality, or has complaints or disputes related to copyright, the registration application may be rejected to avoid legal risks. This is to ensure that the Certificate of Copyright Registration only applies to works that are genuinely created or legally owned by the applicant.

Therefore, copyright registration applications are often rejected due to procedural issues, protection conditions, or the legal basis of ownership. Understanding these reasons will help applicants proactively prepare complete and accurate applications and minimize risks during the registration process.

What should be done if a copyright registration application is rejected?

When you receive a rejection notice, you shouldn’t worry too much because most cases can be resolved. Here are some effective steps to take.

Step 1: Carefully review the reason for rejection

The copyright application rejection notice will clearly state:

• What documents are missing?

• What content is incorrect?

• Does the work not meet the protection requirements?

• Or is there a dispute?

Understanding the correct reason helps avoid resubmitting the copyright application multiple times, saving time.

Step 2: Amend and supplement the application

If the error lies in the copyright registration application procedure, you can handle it as follows:

• Re-complete the application form

• Add a copy of the work

• Submit additional commitment letters and transfer agreements

• Provide a valid power of attorney

After correcting and completing the necessary documents, you must resubmit the copyright registration application as required.

Note: Currently, the law does not limit the number of times a copyright registration application can be resubmitted, as long as the application is valid.

Step 3: Prepare evidence of ownership

In case of rejection due to doubt about ownership or originality, the following should be added:

• Original manuscript, initial design file

• Time of creation (email, work log, etc.)

• Creative contract (if any)

• Author’s commitment letter

Preparing sufficient evidence will help ensure the copyright registration application is accepted on the next submission.

Step 4: Appeal the rejection decision (if necessary)

If the applicant believes the rejection is unfounded, they have the right to appeal according to the provisions of the law on administrative appeals.

Basis:

• Law on Complaints

• Deadline for initial complaint: 90 days from the date of receipt of notification

Required complaint documents:

• Complaint form

• Copy of rejection notice

• Documents proving legal rights

In practice, the complaint procedure is usually applied when the application is complete but still unreasonably rejected.

The above is an article titled “What to do if your copyright registration application is rejected?”. Hopefully, the information above will help you understand the reasons for rejection and how to handle it appropriately so that you can quickly complete and resubmit it in accordance with the law.

FAQ