The duration of copyright protection is a crucial factor determining whether a work remains legally protected or has become public property. Once the protection period ends, the work becomes public domain; any individual or organization can exploit it without needing permission from the author or copyright owner. So how do you know if a work still has copyright protection? Let’s find out in the article below!
What is copyright protection period?
Copyright protection period is the period during which the law protects the legal rights and interests of the author or copyright owner of a work. During this time, the use or exploitation of the work usually requires the permission of the copyright owner, except in certain exceptional cases as stipulated by law.
According to Article 27 of the 2022 Intellectual Property Law, the duration of copyright protection varies depending on the type of right and the type of work.
Vietnamese law divides copyright into two main groups: moral rights and property rights. Each group has a different protection period.
Duration of protection for moral rights
According to Clause 1, Article 27 of the Intellectual Property Law, the following moral rights are protected indefinitely:
- The right to name the work
- The right to use one’s real name or pseudonym on the work
- The right to protect the integrity of the work
This means that rights associated with the author’s honor and reputation will be protected indefinitely, even after the property rights to the work have expired.
However, the right to publish the work has a protection period similar to that of property rights.
Property rights protection period
According to Article 27 of the Intellectual Property Law, property rights to a work are protected for a specific period.
Specifically:
- For cinematographic works, photographic works, applied art works, and anonymous works: The protection period is 75 years from the date of first publication. If the work has not been published within 25 years of its creation, the protection period will be 100 years from the date of creation.
- For other types of works: The protection period is calculated based on the author’s lifetime and 50 years after the author’s death. According to the law: The protection period ends at 24:00 on December 31st of the year the protection period expires.
- For works with co-authors: If a work has multiple co-authors, the protection period will be calculated 50 years after the death of the last surviving co-author.
How to determine if a work is still protected by copyright?
To determine if a work is still protected by copyright or has fallen into the public domain, several factors need to be considered, such as the type of work, the date of publication, the date of creation, and the date of the author’s death. Accurately identifying this information will help individuals and organizations avoid legal risks when exploiting or using the work.
Below are some basic steps to determine if a work is still protected by copyright.
Determine the type of work
First, determine the type of work: literary/musical/cinematic/artistic/software…
Correctly identifying the type of work is crucial because each category may have a different method of calculating the protection period. For example, the protection period for literary works is usually calculated for the author’s lifetime and 50 years after the author’s death, while some other types of works, such as films or photographs, are calculated from the date of publication.
Therefore, before calculating the protection period, it is necessary to accurately classify the work to apply the correct legal regulations.
Determining the date of publication or the date of creation of the work
For some types of works, such as films, photographs, or applied art works, the protection period is usually calculated from the date of first publication.
In cases where the work has not been published for a certain period since its creation or creation, the law may stipulate that the protection period is calculated from the date the work is created.
Example: A film was first released in 2020. The protection period for intellectual property rights may extend for many years from this release date.
Therefore, accurately determining the release date of the work is crucial for calculating the protection period.
This information can be found in:
- Publication information of the work
- Copyright registration records
- Archived data of the publisher or distributor
Determining the date of the author’s death
For most works such as books, music, or scripts, the protection period is calculated based on the author’s lifetime and 50 years after the author’s death.
Example:
- An author died in 2000
- The protection period will last until December 31, 2050
After this date, the work will no longer be subject to intellectual property protection and will become a public domain work. However, even after the copyright protection period has expired, the author’s moral rights, such as the right to be credited as the author or the right to protect the integrity of the work, must still be respected.
In the case of a work with multiple co-authors, the protection period will be calculated 50 years after the death of the last co-author.
Checking copyright registration information
If the work has been copyrighted, you can look up the information at the Copyright Office or other official sources to find out:
- Author’s name
- Publication date
- Registration date
This information will help determine the protection period more accurately and clearly. In many cases, copyright registration records also contain information related to the owner of the copyright, helping to identify who has the right to exploit the work during the protection period.
Consult a legal expert
In some cases, determining the protection period can be difficult, especially when:
- The publication date of the work is unclear
- The exact year of the author’s death is unknown
- The work has multiple co-authors
- The rights to exploit the work have been transferred
In such cases, individuals or organizations can consult a lawyer or intellectual property expert for assistance in accurately determining the protection status of the work.
The above article is: ” How can I tell if a work is still under protection?”. It can be seen that determining the protection period of copyright is not based on a single factor but requires consideration of many pieces of information such as the type of work, the publication date, the date of creation, and the date of the author’s death. Thoroughly understanding the legal regulations regarding protection periods will help individuals and organizations use the work correctly and avoid copyright infringement.
Sincerely,
FAQ
When the copyright protection period of a work has expired, the work becomes public domain, so individuals or organizations can use it without asking for permission or paying royalties. However, the author’s personal rights must still be respected, such as clearly stating the author’s name and not distorting the content of the work.
In the case of a work with multiple co-authors, the copyright protection period will be calculated for 50 years after the death of the last co-author. This is to ensure the rights of all those involved in creating the work.