In the context of increasingly improved intellectual property laws, posthumous works have emerged as an important issue. Works published for the first time after the author’s death not only have artistic value but also raise many questions about rights and legal protection. Are posthumous works protected by copyright? The following article from VCD will help you.
1. What is a posthumous work?
Clause 1, Article 3 of Decree 17/2023/ND-CP defines posthumous works as follows: “A posthumous work is a work published for the first time after the author’s death”.
A posthumous work is understood as a work of any type, it can be a scientific, artistic, literary work, etc. However, a posthumous work is first published after the author’s death, that is, from the time the work is created and expressed in a certain form until the time before the author’s death, it has not been published yet, after the author’s death, the work is published through another subject. A posthumous work often carries special value and meaning, reflecting the author’s thoughts and style.
2. Legal provisions on posthumous works
Posthumous works are protected under the form of copyright, which is the right of individuals or organizations to literary, artistic and scientific works that they have created or own.
Posthumous works are protected through personal rights and property rights under copyright. According to Vietnamese law, posthumous works are works that are first published after the author’s death.
The main elements that the law protects for posthumous works include:
- The work must be in the field of literature, art or science.
- The work must be created by a specific author.
- The work must be first published after the author’s death.
Based on the provisions of Article 17 of Decree 17/2023/ND-CP as follows: The term of copyright protection for posthumous works is implemented according to the provisions of Article 27 of the Law on Intellectual Property.
Accordingly, referring to Article 27 of the 2005 Intellectual Property Law, amended by Clause 8, Article 1 of the 2009 Amended Intellectual Property Law, as follows:
“Duration of copyright protection
1. The personal rights specified in Clauses 1, 2 and 4, Article 19 of this Law are protected indefinitely.
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 periods:
a) Cinematographic works, photographic works, applied fine arts works, anonymous works have a protection period of seventy-five years from the date of first publication; for cinematographic works, photographic works, applied fine arts works that have not been published within twenty-five years from the date of fixation, the protection period is one hundred years from the date of fixation; for anonymous works, when information about the author appears, the protection period is calculated according to the provisions of Point b of this Clause;
b) Works not falling under the type specified in Point a of this Clause have a term of protection that is the lifetime of the author and fifty years following the year of the author’s death; in the case of a work with co-authors, the term of protection ends in the fiftieth year following the year of the death of the last co-author;
c) The term of protection specified in Point a and Point b of this Clause ends at 24:00 on December 31 of the year in which the term of copyright protection ends.”
Therefore, according to the above provisions, the term of copyright protection for posthumous works is determined as follows:
- Elements protected indefinitely include:
- Title of the work;
- Real name or pen name of the author;
- Integrity of the work;
- Cases of limited protection:
For cinematographic, photographic, and applied art works:
- The term of protection is 75 years from the first publication.
- If the work has not been published after 25 years from its creation, the term of protection is 100 years from the date of its creation.
- If the work is anonymous, when there is information about the author, the work is protected throughout the author’s life and an additional 50 years from the author’s death.
For other works:
- The term of protection is throughout the author’s life and 50 years following the year of the author’s death;
- In the case of a work with co-authors, the term of protection ends in the 50th year after the year of the death of the last co-author.
In conclusion, a posthumous work is an object of copyright protection.
Above is the article “Are posthumous works subject to copyright protection?” that VCD sends to you. We hope this article is useful to you.
Sincerely,
