Many people believe that only works with elaborate presentations or those printed as books are protected by copyright. However, with the rapid development of the digital environment, more and more works are created and expressed simply in written form, such as articles, textbooks, scripts, website content, and electronic documents. So, are works expressed in written form protected by copyright? Let’s find out with VCD in the article below!
Works expressed in written form
Currently, the law does not have a separate definition of “works expressed in written form.” However, it can be understood that works expressed in written form are those created and expressed through a system of writing, symbols, numbers, codes, etc., that can be read, recognized, and stored in text form.
These works include, but are not limited to:
- Literary articles, short stories, novels
- Articles, SEO articles, website content
- Textbooks, lectures, training materials
- Film scripts, advertising scripts
- Research reports, theses
- Digital content expressed in written form (PDF, Word, HTML…)
The common point of the above works is that they are all expressed through written form and their physical form can be identified, whether on paper or in electronic files.
Are works expressed in written form protected by copyright?
According to Clause 1, Article 14 of the 2022 Intellectual Property Law: “Works protected by copyright include literary, artistic, and scientific works expressed in a certain physical form, regardless of the medium, language, form of expression, quality, or quantity.”
This regulation shows that Vietnamese law does not impose any limitations on the form of expression of a work when considering copyright protection. In other words, whether a work is expressed in writing, characters, numbers, symbols, or presented on paper, in a digital environment, or as electronic data is not a basis for excluding its possibility of protection.
Accordingly, for a work to be protected by copyright, the law only requires it to meet the following basic conditions:
- The work must belong to the field of literature, art, or science: This is the general scope of protection set forth by the Intellectual Property Law for objects entitled to copyright.
- The work must be expressed in a certain physical form: The term “physical form” here is broadly understood, encompassing printed texts on paper, electronic files, content posted on websites, and digitized archived documents. As long as the work can be recognized, copied, or communicated, it is considered to have a physical form.
Meanwhile, works in written form clearly belong to the category of literary or scientific works and are expressed through printed texts or electronic files.
Therefore, works expressed in written form are fully protected by copyright under Vietnamese law, regardless of whether they are handwritten, typed, posted on the Internet, or stored as digital data.
As soon as a work is created and expressed in a certain physical form, copyright arises automatically; registration is not required. In the event of copyright infringement, the author or copyright owner of a text-based work has full legal grounds to request protection of their legitimate rights and interests in accordance with the Intellectual Property Law.
Scope of protection and author’s rights to text-based works
Copyright protection for text-based works means that the author’s rights associated with that work are recognized and protected by law. Therefore, it is necessary to clarify the scope of protection as well as the rights that the author enjoys to avoid confusion in the process of using and exploiting the work.
Scope of Protection
According to Article 6 of the 2022 Intellectual Property Law: “Copyright arises from the time the work is created and expressed in a certain physical form.”
Thus, when a text-based work meets the conditions for protection, copyright arises automatically, regardless of registration.
Rights of the author of a work in written form
Personal rights of the author of a work in written form:
- Naming the work
- Using one’s real name or pseudonym
- Publishing or allowing others to publish the work
- Protecting the integrity of the work’s content
Property rights of the author of a work in written form:
- Copying the work
- Distributing and communicating it to the public
- Renting and commercially exploiting it
- Allowing others to use it for a fee
In case of unauthorized copying or use of the work or written content, the author has the right to:
- Request the cessation of the infringing act
- Request an apology and compensation
- File a lawsuit in a competent court
The above is an article titled “Are Works Expressed in Text Form Protected by Copyright?”. Hopefully, the content of this article will help authors and copyright owners understand the scope of protection for works expressed in text form, thereby proactively protecting their legal rights and interests during the creation, exploitation, and use of their works.
Sincerely,
FAQ
No. Copyright arises automatically from the moment the work is created and expressed in a certain physical form, regardless of registration.
Some subjects, although expressed in written form, are not protected by copyright, including purely factual news, legal regulations, administrative documents, procedures, operating methods, and purely numerical data and facts, as stipulated in the Intellectual Property Law.