In today’s creative industry, many works are created by hiring others to perform tasks, from logo design and content writing to software programming. However, once the work is completed, a common question arises: who has the right to be credited as the author: the creator or the person who paid for the work? To understand this issue clearly, please read the following article by VCD.
Who is the author according to the law?
According to Clause 1, Article 13 of the Intellectual Property Law, the author is the person who directly creates the work. This is the most important basis for determining authorship and is also a guiding principle in Vietnamese copyright law.
Simply put, an author is someone who uses their efforts, knowledge, skills, and intellectual labor to create a specific work. That work could be an article, a book, a painting, computer software, a design, a song, a photograph, or many other forms of creative work protected by law. Who pays, who commissions the work, or who invests the funds is not the determining factor in authorship.
Conversely, someone who only provides a general idea or creative direction is not necessarily recognized as the author. The law protects the results of creative activity, not just ideas. Therefore, determining who is the author must always be based on their direct participation in the creative process and the specific form of expression of the work.
Is it mandatory for a hired creator to be credited as the author?
According to the principle stated above, a hired creator who directly creates the work is still considered the author under the law, regardless of whether the creation was done under a contract or as part of an assigned task.
Article 19 of the Intellectual Property Law stipulates that authors have the right to name their works, use their real name or pseudonym on the work, and have their name mentioned when the work is published or used. This is a personal right of the author and is protected by law. Unlike property rights, which can be transferred or assigned to others, personal rights attached to the author cannot be fundamentally taken away simply because the author received payment for creation.
In practice, many individuals or businesses believe that once they have paid for the creation, all rights related to the work belong to them, including the right to be credited as the author. However, this is an inaccurate understanding. The payment of remuneration is only a basis for determining rights and obligations under the contract; it does not change the fact that the person directly creating the work is the author.
When carrying out copyright registration procedures, the competent authority usually requires clear identification of the author’s information and the copyright owner’s information. These two entities may or may not be the same. If the hired creator is the direct creator, they must still be recognized as the author in the registration records. Intentionally removing or replacing the creator’s name with someone else’s name can lead to disputes or legal liability if the information provided is untruthful.
Therefore, regardless of whether the creative work is performed under a service contract, employment contract, or any other form, the person who directly creates the work must still be recognized as the author according to the law.
Can the hired creator be listed as the author instead of the creator?
According to current regulations, the hired creator cannot be listed as the author instead of the direct creator if they themselves did not participate in the creation process.
Many copyright disputes stem from confusion between the concepts of “author” and “copyright owner.” In reality, these are two completely different concepts. The author is the person who directly creates the work, while the copyright owner is the individual or organization that holds the property rights to that work.
For example, in the case of outsourcing website design, the hiring company may receive the transfer of ownership of the product upon completion. However, the individuals who directly carried out the design and programming are still identified as the authors.
Misrepresenting authorship not only poses a risk of disputes but can also affect the legal validity of the copyright registration application. If the creator can prove that they directly created the work, they have the right to request the competent authority or the Court to protect their legitimate rights and interests.
Therefore, the client should not equate ownership rights with the right to be recognized as the author. These are two different legal issues governed by separate regulations.
What should be considered when hiring someone to create a work?
When hiring someone to create a work, the most important thing is for both parties to clearly define their rights and obligations from the outset through a written contract. This is a crucial legal basis for limiting disputes and protecting the rights of both parties during the exploitation of the work.
First, the contract should clearly specify who is the direct creator of the work and who will be the copyright owner after the work is completed. Clearly defining these two roles helps avoid confusion between the author’s personal rights and the owner’s property rights.
In addition, the contract should also specify the scope of transfer of property rights, the right to use the work, the duration of use, the scope of exploitation, and other rights related to the work. If the parties agree on the publication of the work, attribution of the author’s name, or the use of a pseudonym, this should also be clearly stated in the contract to avoid future disputes.
In summary, when hiring a creator, the parties need to clearly distinguish between the author and the copyright owner, and build a solid contract to accurately define the rights and obligations of each party. This is the most effective solution to limit legal risks and protect the rights of all involved parties.
The above is the article “Is it mandatory for a hired creator to be listed as the author?” that VCD has sent to you. We hope this article is helpful to you.
Sincerely,
FAQ
No. Receiving money to perform creative work does not diminish one’s authorship. If they directly create the work through their intellectual labor, they are still legally recognized as the author.
Because these are two potentially different entities. The author is the person who directly creates the work, while the copyright owner is the person who holds the property rights to the work. Clearly distinguishing between these two roles helps avoid confusion and limit disputes when exploiting and using the work.