Should you register a work that is currently under dispute?

In the creative and exploitation of works, copyright disputes are relatively common. Many disputes arise because the parties involved cannot clearly identify who is the author, who owns the intellectual property rights to the work, or because the work is used without the consent of the copyright holder. When a dispute arises, one of the common concerns is whether a work currently under dispute can be registered for copyright. This article “Should you register a work that is currently under dispute?” by VCD will help you.

Should you register a work that is currently under dispute?

According to the current Vietnamese Intellectual Property Law, there is no absolute prohibition against registering copyright for works that are currently under dispute. This means that, in principle, individuals or organizations can still file for copyright registration even if a dispute exists related to that work.

However, it is necessary to understand the true nature of the copyright registration procedure. The copyright registration authority primarily receives and reviews applications based on information provided by the applicant. This review focuses mainly on the completeness of the application, the form of expression of the work, and accompanying documents as required by law, rather than conducting a comprehensive verification to determine who is the ultimate legal owner of the work.

Therefore, in many cases, even if a work is subject to a dispute, if the application meets the procedural requirements, the competent authority may still issue a Certificate of Copyright Registration. However, the issuance of the Certificate does not mean the dispute has been resolved or that the applicant is definitely the legal owner of the work.

If evidence later proves that the registration was made by the wrong party, that the declaration was untrue, or that there was an act of copyright infringement, the issued certificate may still be revoked according to the law.

Does copyright registration terminate disputes?

Many people mistakenly believe that whoever registers first is guaranteed to win a dispute. However, copyright law does not stipulate the principle of “first come, first served.”

According to Clause 1, Article 6 of the Intellectual Property Law, copyright arises from the moment the work is created, not from the moment the copyright registration certificate is issued.

Essentially, the copyright registration certificate primarily serves to record the information provided by the applicant and creates initial evidence in case of disputes. However, it is not an absolute basis for determining ultimate ownership of the work.

During the dispute resolution process, the competent authority or the Court will still comprehensively review all documents and evidence related to the creation of the work and the basis for establishing the rights of the parties. Evidence such as original files, drafts, created data, work-related emails, creative contracts, or work assignment documents are often crucial in determining who is the true owner of the rights to the work.

Therefore, copyright registration does not automatically terminate a dispute. Even if one party has been granted a Certificate of Copyright Registration, the other party still has the right to appeal, sue, or request the cancellation of the certificate if there is reason to believe that the registration is inconsistent with the actual ownership of the work.

What preparations are needed if you want to register during a dispute?

When a work is under dispute, copyright registration needs to be carried out with more caution than usual. Because at this stage, the registration documents not only serve administrative purposes but can also become documents used in resolving disputes later.

The most important thing an individual or organization needs to prepare is evidence proving their rights to the work. In fact, in copyright disputes, the decisive factor is often not who registered first, but who has the basis to prove the creative process or legal ownership of the work.

Documents that should be kept include the original file of the work, drafts, data showing the creative process, emails exchanged during the work, creative contracts, work assignment documents, or evidence of the time of publication and use of the work. These are important documents that help prove the connection between the applicant and the creation process of the work.

In addition to preparing evidence, applicants also need to clearly identify their legal status, such as whether they are the author or copyright owner, whether the work has co-authors, or whether there is an agreement to transfer or assign work related to the work. Incorrect identification of the rights holder can lead to further disputes or the risk of registering the wrong rights.

Above is the article “Should you register a work that is under dispute?” that VCD sent to you. We hope this article is helpful to you.

Sincerely,

FAQ