Are investigative journalism articles protected by copyright?

Investigative journalism is a type of work that requires a significant investment of time, effort, and professional expertise from journalists. However, in reality, many investigative articles are copied, republished, or exploited without permission after publication. Given this situation, the question arises: are investigative journalism articles protected by copyright law? This article from VCD will help you clarify this.

What is investigative journalism?

Investigative journalism is a highly valuable and in-depth journalistic genre that requires journalists to invest time, effort, and intellect seriously, independently, and creatively. Unlike purely news reporting that only quickly reflects events happening on the surface, investigative journalism aims to clarify the essence of the matter, uncovering hidden issues, those not yet published, or not fully understood in society.

• Gathering information over a long period

• Verifying and cross-referencing from multiple sources

• Analyzing data, documents, testimonies, and evidence

• Reflecting the nature of events, causes, consequences, and undisclosed issues

In terms of form and content, investigative journalism often has the following prominent characteristics:

• Deep content with multiple layers of information, not simply a description of events

• An approach to the issue that bears the personal imprint of the journalist or group of journalists

• A tight structure, logical argumentation, creative language, clearly expressing the viewpoint and investigative methodology

These elements show that investigative journalism is not just about “reporting news,” but the result of intellectual creativity, fulfilling the nature of a work as defined by copyright law.

Are investigative journalism articles protected by copyright?

According to Clause 5, Article 1 of the 2022 Intellectual Property Law, journalistic works are defined as one of the types of works protected by copyright. More specifically, according to Point c, Clause 1, Article 14 of the Intellectual Property Law, a journalistic work is understood as a work with independent content, a complete structure, created for publication or broadcast on mass media. This regulation is further detailed in Article 9 of Decree No. 22/2018/ND-CP, according to which journalistic works include genres such as: reports, news reports, narratives, interviews, reflections, investigations, commentaries, editorials, essays, journalistic articles, and other journalistic genres published or broadcast on print newspapers, radio, television, online newspapers, or other media.

Thus, investigative journalism is classified as a journalistic work and is subject to copyright protection if it meets the conditions of originality and is presented in a specific form.

What is the scope of copyright protection for investigative journalism?

In practice, investigative journalism is often based on factual data, events, and statistics that have occurred or are currently occurring in society. However, according to intellectual property law, the information itself, the objective facts and events, are not subject to copyright protection. Instead, the law focuses on protecting the creative way in which the content is presented, that is, the result of the journalist’s independent intellectual work.

For investigative journalism, the scope of copyright protection is primarily determined by the creative elements that constitute the work, including:

• The selection, arrangement, and processing of information

• The methods of analysis, argumentation, and evaluation of the issue

• The structure of the article, writing style, and language used

• The journalist’s own perspective and viewpoint on the event

Conversely, according to Clause 2, Article 15 of the 2022 Intellectual Property Law, purely factual news reports are not subject to copyright protection. These are pieces of information that only reflect events concisely and objectively, without any analytical or creative elements in their presentation.

Therefore, distinguishing between investigative journalism and purely factual news reports is of particular importance in determining the scope of copyright protection. While purely news reports are not protected by copyright, the creative elements in investigative journalism are fully protected by law, aiming to safeguard intellectual property and encourage in-depth, responsible investigative journalism.

The above is an article titled “Is Investigative Journalism Protected by Copyright?”. Understanding and correctly applying copyright regulations not only helps journalists and media organizations protect their intellectual property but also contributes to building a professional journalistic environment that respects copyright and complies with the law.

Sincerely,

FAQ