In the field of copyright, the concept of anonymous works often causes a lot of controversy, especially regarding the issue of ownership and recognition. Anonymous works are defined as works whose author’s identity is unknown or not published. So, when is an anonymous work considered to be in the public domain? The following article from VCD will help you.
1. Who is considered the owner of an anonymous work?
According to Clause 2, Article 3 of Decree 17/2023, an anonymous work does not have or has not yet had the author’s name (birth name or pen name) on the job when published.
The current Intellectual Property Law stipulates the ownership of anonymous works in Articles 41 and 42, accordingly, the State is the owner of the copyright of anonymous works in cases where the work is not managed by any organization or individual and in addition to the State, the law also stipulates another entity managing anonymous works, which is the organization or individual managing the work. On the other hand, the organization or individual managing or receiving the transfer of rights to anonymous works enjoys the rights of the owner and the State will be the representative managing anonymous works if there is no organization or individual managing or receiving the transfer of rights to the work until the identity of the author or co-author is determined.
2. Are anonymous works considered to be in the public domain?
Although the identity of the author of an anonymous work has not been determined, if the work meets the legal requirements, it is still protected by copyright. Like other types of works, copyright in anonymous works arises from the time the work is formed. The term protection for anonymous works is also applied according to current regulations.
Article 27 of the current Law on Intellectual Property stipulates:
Term of copyright protection
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2. The personal rights specified in Clause 3, Article 19, and the property rights specified in Article 20 of this Law have the following protection terms:
a) Cinematographic works, photographic works, applied artworks, anonymous works have a term of protection of seventy-five years from the date the work is first published; For cinematographic, photographic, and applied artworks that have not been published within twenty-five years from the date of their formation, the term of protection is one hundred years from the date of their formation; for anonymous works, when information about the author appears, the term of protection is calculated according to the provisions of Point b of this Clause;
Thus, a work belonging to the public is a work whose copyright protection term has expired according to the above provisions, specifically as follows:
- The organization or individual that is managing or receiving the transfer of rights to an anonymous work shall enjoy the rights of the owner until the identity of the author or co-author is determined.
- If no organization or individual manages or receives the transfer of rights to an anonymous work, the State shall represent the management of copyright and related rights. The State shall also enjoy the rights of the owner until the identity of the author is determined.
Therefore, during the protection period, anonymous works will not belong to the public and will be managed by organizations, individuals, or the State. When the protection period expires, these works will become public property.
In addition, according to the provisions of Clause 2, Article 23 of Decree 17/2023/ND-CP, it is clear that the State manages the management of anonymous works on behalf of the organization or individual who manages or receives the transfer of rights and will enjoy corresponding benefits.
When using anonymous works, organizations or individuals need to submit documents directly or via postal service to the specialized agency for state management of copyright and related rights under the Ministry of Culture, Sports and Tourism after making efforts to find the right owner but cannot find or contact them.
Most anonymous works are under the management authority of the State. Therefore, when organizations and individuals need to use anonymous works, they need to ask for permission from the representative organization of the State that owns the copyright of that work. When an act of infringement is discovered, state agencies, organizations, and individuals have the right to request competent state agencies to handle it according to the provisions of law.
Above is the article “Are anonymous works considered to belong to the public?” that VCD sent to you. We hope this article is useful to you.
Sincerely,
