During the process of exploiting and commercializing a work, the question “Can copyright be transferred to multiple people?” is of great concern to many individuals and businesses. This is a crucial legal issue, as it directly affects economic interests, control, and the ability to exploit the work in practice. This article from VCD will help you answer this question.
What is copyright?
Copyright is one of the important intellectual property rights, aimed at protecting the creative achievements of individuals and organizations in literary, artistic, and scientific works.
According to the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.”
Copyright is not simply the “right to be named,” but encompasses the entire right to control and exploit the value of the work. When a work is created (e.g., article, video, book, design, etc.), copyright arises automatically, regardless of registration.
Copyright is divided into two main groups: moral rights and property rights. This is a crucial foundation for understanding whether or not it is transferable.
Moral rights:
- Naming the work
- Using one’s real name or pseudonym
- Publishing the work
- Protecting the integrity of the work
Property rights:
- Copying the work
- Distribution and communication
- Leasing and transferring the right to use
- Profiting from exploitation
Of these, only property rights are transferable, while moral rights are essentially non-transferable (except for the right to publish the work in some cases).
Is it possible to transfer copyright to multiple people?
Copyright transfer is the act of the copyright owner transferring ownership of the property rights to another organization or individual through a contract.
According to Article 45 of the Intellectual Property Law: “The copyright owner has the right to transfer property rights to other organizations or individuals by contract.”
Although the law does not prohibit the transfer of copyright to multiple people, it is necessary to clearly distinguish the following cases:
Case 1: Transferring all rights to multiple people (co-ownership)
The owner can transfer property rights to multiple people at the same time; in this case, the transferees become co-owners of the copyright.
According to Article 38 of the Intellectual Property Law: “Copyright may be jointly owned by multiple organizations or individuals.”
Thus, when the parties jointly own property rights, exploitation must be based on a mutual agreement. If there is no agreement, the consent of all parties is required.
Example: An author transfers the rights to exploit a comic series to 3 companies, thus all 3 are co-owners.
Case 2: Partial transfer of rights to multiple parties
The owner can divide the property rights to transfer to different parties.
Example:
- Party A: printing rights
- Party B: film adaptation rights
- Party C: online distribution rights
This is perfectly legal if the scope of rights is clearly defined, without overlap or conflict. This is a very common practice (especially in the publishing and entertainment industries).
Case 3: Exclusive and non-exclusive transfers
This is a very important point to distinguish between exclusive and non-exclusive transfers.
- Exclusive transfer: Only one party receives the rights; the owner cannot transfer them to others.
- Non-exclusive transfer: Can be transferred to multiple parties simultaneously, with each party exploiting the rights within the permitted scope.
Disputes can easily arise if the copyright transfer contract does not clearly state this.
Conditions for legally transferring copyright to multiple individuals
Transferring copyright to multiple individuals is not as simple as signing a contract and “dividing the rights.” In fact, most disputes arise from a lack of clarity from the outset. Therefore, to ensure legality and minimize risks, you need to meet the following conditions:
Condition 1: A written contract is mandatory
This is a prerequisite, crucial to the validity of the transfer.
According to Article 46 of the Intellectual Property Law: “The transfer of copyright must be carried out through a written contract.” This means that oral agreements, text messages, emails, etc., do not have full legal validity in many cases. When disputes arise, the party without a written contract will be at a significant disadvantage.
In reality, many creative individuals (authors, online instructors, etc.) often collaborate based on “trust,” leading to disputes when large profits are generated. Therefore, whether transferring to one or multiple people, a written contract is always necessary, with full signatures, and even notarization if the value is substantial.
Condition 2: The contract content must be clear and structured.
This is a crucial factor in determining whether you can control the work after the transfer. A “legally sound” contract is not enough – it must be a “well-structured” contract.
The following are essential contents that must be included in a licensing agreement:
- Scope of rights to be licensed: (What rights are being licensed? Copying, distributing, adapting, or the entire work?)
- Term of license: (How long? 1 year, 5 years, or unlimited?)
- Territory of exploitation: (Only in Vietnam or globally?)
- Form of exploitation: (Online, print, broadcast, digital platforms, etc.)
- License price and payment method
Especially important when licensing to multiple parties, you must clarify:
- Who has what rights?
- Do those rights overlap with others?
- Is it an exclusive right?
Example:
Common mistakes:
- Party A: “has the right to publish online”
- Party B: “has the right to exploit on digital platforms”
These two rights almost overlap, inevitably leading to disputes.
Correct procedure:
- Party A: Release on their own website
- Party B: Release on a mobile app
Condition 3: No violation of the author’s moral rights
Regardless of how many people you transfer the rights to, there is one immutable principle: Moral rights remain with the author.
According to the Intellectual Property Law, the right to name a work, the right to be credited, and the right to protect its integrity are non-transferable (except for the right to publish in certain cases). This means that the transferee must credit the author in full and is not allowed to illegally modify the content, cut or distort the meaning, or misrepresent the work.
Practical risks:
- Books being edited to distort the content
- Videos being edited to cause misunderstandings
- Courses being “edited” for resale
These actions can be considered a violation of moral rights, even after the transfer of property rights.
Condition 4: Avoid conflicts of interest between parties
This is the most serious mistake when transferring copyright to multiple people. Without proper control, you’ll end up with multiple parties having the same rights, making it difficult to determine “who has priority,” and easily leading to legal disputes.
Common types of conflicts:
- Conflicts over platforms (two parties selling online)
- Conflicts over territory (both exploiting in Vietnam)
- Conflicts over time (overlapping rights)
Therefore, when transferring copyright to multiple people, rights must be divided according to: Exploitation channels (web, app, offline); geographical area; and time. And apply a clear principle: One right – one scope – one subject.
The above is an article titled “Can copyright be transferred to multiple people?”. Hopefully, this article has helped you understand the true nature of copyright transfer, as well as how to apply it flexibly in practice.
Sincerely,
FAQ
Yes. The author retains moral rights including: the right to be credited as the author, and the right to protect the integrity of the work. However, the right to economic exploitation (property rights) will belong to the transferee unless otherwise agreed.
Depending on the objective:
If you want to maximize profits from multiple sources, you can transfer to multiple people (reasonable rights allocation).
If you want easy control and risk mitigation, you should transfer to one party or grant conditional licenses.
Most importantly, there must be a clear contract and a reasonable rights allocation strategy.