Copyright transfer is a common way for authors or copyright owners to obtain economic benefits from their intellectual property. However, when transferring copyright, the transferor not only has the right to receive remuneration but also must comply with many legal obligations as stipulated in Vietnam’s Intellectual Property Law. What are the author’s obligations when transferring copyright? Let’s find out with VCD in the article below!
What is copyright transfer?
According to Article 45 of the Intellectual Property Law: “Copyright transfer is the act of the copyright owner transferring ownership of one, several, or all of the property rights stipulated in Article 20 of this Law to another organization or individual by contract or as prescribed by law.”
Thus, it can be simply understood that copyright transfer is the “selling” of the right to economically exploit a work to another entity. After the transfer is legally completed, the transferee becomes the owner of the intellectual property rights to the work within the agreed scope. This means they have the right to commercially exploit the work, such as copying, distributing, publishing, communicating the work to the public, or allowing others to use the work.
In practice, copyright transfer is quite common in many creative fields such as:
- Publishing books, stories, and educational materials
- Music, films, and television programs
- Graphic design, fine arts, and photography
- Architecture, computer software, and digital content
Through the transfer, the author or copyright owner can obtain economic benefits from their work, while also facilitating its wider exploitation in the market.
Non – transferable copyrights of authors
It is important to note that not all copyrights are transferable. According to Vietnam’s Intellectual Property Law, only property rights relating to a work are transferable, while the majority of a author’s moral rights remain with the author and cannot be transferred to others, except for the right to publish the work.
Specifically, according to Article 19 of the Intellectual Property Law, the author’s moral rights include:
- The right to name the work
- The right to use their real name or pseudonym on the work
- The right to publish the work or allow others to publish it
- The right to protect the integrity of the work
Of these, the right to publish the work can be transferred, while the remaining rights remain with the author and are non-transferable. This means that even if property rights have been transferred, the author is still legally protected regarding their identity and the intangible value associated with their work.
What are the author’s obligations when transferring copyright?
When transferring copyright, the author or copyright owner must fulfill certain legal obligations. These obligations are usually stipulated in the copyright transfer contract and are based on the law.
Obligation to transfer rights according to the agreement
The most important obligation of the author when transferring copyright is to transfer ownership of the property rights of the work within the scope agreed upon in the contract. This includes:
- Transferring the right to commercially exploit the work
- Transferring the right to copy, distribute, and communicate the work
- Transferring the right to permit others to use the work
If the contract stipulates the transfer of all property rights, the transferee has the full right to exploit the work within the scope permitted by law. Conversely, if only a part of the rights is transferred, the author may still retain the untransferred rights.
Obligation to provide complete information about the work
When transferring copyright, the author must provide complete and truthful information related to the work, including:
- Information about the creative process
- The date the work was completed
- The status of copyright protection
- Previous exploitation contracts (if any)
Providing accurate information helps the transferee properly assess the value and scope of exploitation of the work. If the author intentionally provides false information, it may lead to disputes or claims for damages.
Obligation to ensure legal qwnership of the work
Another important obligation of the author is to ensure that they have legal rights to the transferred work. This means that the author is either the direct creator of the work or the legal owner of the copyright.
Authors are not allowed to transfer their works if:
- The work is owned by another organization
- The work is co-authored but without the consent of all co-authors
- The property rights have already been transferred to another party
If the transfer is illegal, the contract may be declared void according to the law.
Obligation to hand over the original or copies of the work
In many cases, the author needs to hand over the original or copies of the work to the transferee for exploitation.
Examples: Book manuscripts, design files, architectural drawings, audio/video recordings…
This handover must be done within the agreed timeframe and in the correct format as stipulated in the contract.
Obligation not to transfer transferred rights to another party
After transferring copyright, the author may not further transfer those rights to a third party, unless permitted by the transferee.
Example: An author has sold the publishing rights to a publisher. They are then prohibited from reselling those publishing rights to another entity.
If this obligation is violated, the author may be required to: terminate the contract, pay damages, or face other legal liabilities.
Obligation to respect the transferee’s exploitation rights
After transferring the copyright, the author must respect the transferee’s legitimate exploitation rights. This means the author must not:
- Hinder the use of the work
- Restrict the legitimate exploitation rights
- Unauthorized use of the transferred rights
Unauthorized interference can lead to contractual disputes or liability for compensation.
The above is an article titled “What are the author’s obligations when transferring copyright?”. Hopefully, the information shared has helped you better understand the legal obligations of authors when transferring copyright, as well as important considerations to ensure the transfer process complies with the law.
Sincerely,
FAQ
Yes. Even after transferring the property rights of the work, the author is still protected by law regarding moral rights, such as the right to have their name on the work, the right to name the work, and the right to protect the integrity of the work.
Yes. The law allows the copyright owner to transfer a portion or all of the property rights of the work to another organization or individual, depending on the agreement in the contract.