Can I still be credited as the owner of the work after transferring copyright?

Copyright transfer is a common practice in the exploitation and commercialization of creative works. However, many people still wonder whether they can retain ownership of the work after the copyright transfer. This article from VCD will help clarify this.

What rights are included in copyright?

To understand whether copyright transfer affects the right to own the work, it is first necessary to understand the legal structure of copyright according to current regulations.

Based on Articles 19 and 20 of the Intellectual Property Law, copyright is divided into two basic groups of rights, including: moral rights and property rights. Each group of rights has a different legal nature and leads to completely different consequences during the transfer process.

Moral rights

Moral rights are rights directly linked to the identity, reputation, and honor of the author, inseparable from the creator of the work. These are a group of rights that are “absolutely personal,” and are strictly protected by law.

• Naming the work

• Using one’s real name or pseudonym on the work

• Publishing the work

• Protecting the integrity of the work

Most personal rights are non-transferable (except for the right to publish, which can be transferred by agreement). This means that, under any circumstances, the relationship between the author and the work is always recognized by law.

Property rights

Unlike personal rights, property rights are economic rights that allow the owner to exploit the work for commercial purposes and profit.

According to the law, property rights include:

• Copying the work

• Distributing and importing copies

• Communicating the work to the public

• Renting the original or copies

• Creating derivative works

These are rights that can be transferred in whole or in part to others according to the law.

Thus, clearly distinguishing between moral rights and property rights is not only theoretically significant but also directly determines the scope of transfer in practice.

Can I still be credited as the owner of the work after transferring copyright?

According to Vietnamese law, copyright transfer does not negate the author’s right to be credited as the author of the work. This is one of the fundamental personal rights, closely linked to the identity and reputation of the creator.

Based on Clause 2, Article 19 of the Intellectual Property Law: “The author has the right to have their real name or pseudonym on the work; to have their name mentioned when the work is published or used.”

Meanwhile, according to Article 45 of the Intellectual Property Law, only property rights are transferable. This means that when transferring copyright, the author only transfers the right to exploit, use, and benefit economically from the work, not the personal rights.

In other words, the transferee has the right to use the work for business and commercial exploitation, but does not have the right to replace or remove the original author’s name. Therefore, even if the copyright has been fully transferred, the author’s name must still be fully credited when the work is published or used.

This is the principle aimed at protecting fairness in creative activities, ensuring that those who create intellectual value are always given due recognition.

Example

Suppose you are the creator and writer of a book. After completion, you sign a contract transferring all copyright to this work to a publishing company.

In that case, legally:

• The publishing company will have the right to print, publish, distribute, and commercially exploit the book in various forms (retail, reprint, ebook release, adaptation, etc.).

• The company can also collect all profits generated from the business of the work according to the terms agreed upon in the contract.

However, an important point to emphasize is: You remain the author of that book.

This means that:

• Your name must still be fully recorded on the book cover, author information page, or in any publication (under your real name or pseudonym).

• Your identity as the creator remains unchanged, even after the economic exploitation rights have been transferred.

Note: The publishing company is not allowed to arbitrarily replace the author’s name with another person, nor can it remove your name from the work, unless:

• There is your explicit consent, or

• There is another legally valid agreement that does not violate personal rights regulations.

This example clearly illustrates the nature of copyright transfer. You can “sell the exploitation rights” of the work, but you cannot “sell your creative identity.”

The above is an article titled “Can I still be credited as the owner of the work after transferring copyright?” Hopefully, this will help you understand the legal nature of copyright transfer, as well as the right to name a work.

Sincerely,

FAQ