Skip to main content

Author: Editor VCD

Does an author have the right to reclaim a transferred work?

After signing a copyright transfer contract, many people mistakenly believe they can “reclaim” their work at any time because it is their own creation. However, intellectual property law stipulates something completely different. So, does an author have the right to reclaim a transferred work? This article from VCD will help clarify this.

What constitutes a transferred work?

Before understanding the right to reclaim, it’s necessary to understand the nature of a “transferred work.”

According to Article 45 of the 2022 Intellectual Property Law: “Transfer of copyright and related rights is the act of the copyright owner or related rights owner transferring their ownership rights to another organization or individual under a contract or according to relevant legal provisions.”

Thus, transfer is the transfer of ownership rights, not just permission to use. This means that, after the transfer contract takes effect, the property rights to the work no longer belong to the original author or owner, but to the transferee. In other words, from the moment of transfer, the transferee becomes the new legal owner of the property rights associated with the work.

Note:

  • Authors cannot transfer moral rights (except the right to publish the work).
  • Only property rights are transferable.

Property rights stipulated in Article 20 of the Intellectual Property Law include:

“a) Creating derivative works;

b) Performing the work before the public directly or indirectly through sound recordings, video recordings, or any technical means at a location accessible to the public, but where the public cannot freely choose the time and parts of the work;

c) Directly or indirectly reproducing all or part of the work by any means or form, except as provided in point a, clause 3 of this Article;

d) Distributing, importing for distribution to the public through sale or other forms of transfer of ownership of the original, copies of the work in tangible form, except as provided in point b, clause 3 of this Article;

e) Broadcasting, transmitting to the public the work by wired, wireless, or network means electronic information or any other technical means, including providing the work to the public in a way that the public can access at a place and time of their choosing;

e) Renting the original or copies of cinematographic works, computer programs, except where the computer program is not the primary subject of the rental.

Once a transfer contract is signed, the transferee becomes the legal owner of this property right.

Does an author have the right to reclaim a transferred work?

Does an author have the right to reclaim a transferred work?

The author cannot arbitrarily reclaim it, except in certain special cases permitted by law. Because after the transfer, the property right belongs to the transferee. If the author arbitrarily reclaims it, it will be considered an infringement of the new owner’s rights. However, the law still provides a mechanism to protect the author’s interests in certain cases.

Cases where the author has the right to request the revocation of transferred rights

According to Article 47 of the Intellectual Property Law on the cancellation and termination of copyright transfer contracts: If the transferee fails to perform or improperly performs the obligations committed in the contract, the transferor has the right to request the cancellation of the contract and claim compensation for damages.

Therefore, the author does not have the right to revoke the rights for subjective reasons, but only in the following cases:

Case 1: The transferee breaches the contract

This is the most common case when transferring copyright. Once the transfer agreement has been signed, the transferee has clear obligations such as:

  • Paying the transfer fee, royalties, and remuneration on time.
  • Exploiting the work within the agreed scope and purpose.
  • Respecting the author’s personal rights.
  • Not using the work in a way that negatively affects the author’s reputation.

If the transferee violates these obligations, the author has the right to request termination of the contract, compensation for damages, and return of the transferred rights.

Examples:

  • The publisher fails to pay royalties as agreed.
  • The company arbitrarily modifies the content of the work during exploitation.
  • Using the work for offensive or unethical advertising purposes.
  • Exploiting beyond the scope agreed upon (e.g., only allowed to publish the book but adapted it into a film).

In this case, the author is not “reclaiming the work for personal gain,” but rather protecting their legitimate rights due to the other party’s violation.

Case 2: Contract with a clause allowing for revocation

In many licensing agreements, the parties may agree in advance that after a certain period, the author has the right to reclaim the rights. If the recipient does not exploit the work, the rights will automatically return to the author.

Example:

  • After 5 years, the rights automatically return to the author if not renewed.
  • If the recipient does not exploit the work within 12 months, the rights will be returned to the author.
  • The author has the right to repurchase the transferred rights at a specified price.
  • Rights are only transferable within a certain geographical area.

If the contract contains such clauses, then revocation is not a breach, but rather the fulfillment of the agreement. This is why drafting a rigorous contract from the outset is extremely important.

Case 3: Contract invalid according to law

According to the 2015 Civil Code, a civil contract may be declared invalid in cases such as:

  • One party was deceived, threatened, or coerced when signing
  • The signatory lacks legal capacity
  • The content of the contract violates legal prohibitions
  • The form of the contract is not in accordance with regulations (e.g., not in written form)

When a contract is declared invalid, the legal consequence is that the parties return to each other what they have received. This means that the property rights to the work will return to the author.

What rights does the author retain after the transfer?

Even after transferring copyright, the author retains moral rights under Article 19 of the 2022 Intellectual Property Law, including:

“1. Naming the work.

2. Using their real name or pseudonym on the work; having their real name or pseudonym mentioned when the work is published or used;

3. Publishing the work or allowing others to publish the work;

4. Protecting the integrity of the work from distortion; preventing others from modifying or abridging the work in any way that harms the author’s honor and reputation.”

Therefore, even though the right to exploit cannot be revoked, the author still has the right to prevent the use of the work in a way that distorts its content and negatively affects them.

The above is an article titled “Does an author have the right to revoke a transferred work?”. Hopefully, it will help you understand the nature of copyright transfer and the limitations of the author’s right to revoke after the contract takes effect.

Sincerely,

1. Can an author reclaim their work simply because they are dissatisfied with how the transferee has exploited it?

No. Subjective “dissatisfaction” is not a legal basis for reclamation. An author can only request termination of the contract and reclaim their rights if the transferee violates their committed obligations or if there is a reclamation agreement in the contract.

2. If the transferee does not exploit the work for a long period, does the author have the right to reclaim it?

Only if the contract clearly stipulates that if the work is not exploited within a certain period, the rights will return to the author. If the contract does not contain this agreement, the author cannot unilaterally reclaim it.

In what cases can a work licensing agreement be canceled?

In the process of exploiting copyright, a work licensing agreement is an important legal basis for the user to legally exploit the value of the work. However, when one party violates obligations, uses the work outside the agreed scope, or infringes on the author’s rights, terminating the agreement may become a necessary solution to protect legitimate rights and interests. So, when can a work licensing agreement be terminated, and what should be noted to ensure compliance with legal regulations?

What is work licensing agreement termination?

Work licensing agreement termination is the termination of the validity of a legally concluded contract between the author (or copyright owner) and the work user, when the user commits a serious breach of obligations that prevents the purpose of the contract from being achieved.

Essentially, this is a penalty for breach of contract applied according to the provisions of the 2015 Civil Code or by agreement of the parties, aimed at protecting the legitimate rights and interests of the author and copyright owner.

According to Article 423 of the 2015 Civil Code: “One party has the right to cancel the contract and is not required to compensate for damages when the other party seriously violates its obligations in the contract.”

When a contract for the use of a work is canceled, the contract becomes invalid from the time of conclusion. The parties must return to each other what they have received, and the party at fault must compensate for damages (if any). At the same time, the user must immediately cease exploiting the work to avoid further copyright infringement. In the field of copyright, a contract for the use of a work is an agreement allowing the user to exploit one or more property rights to the work (copying, distribution, transmission, performance, adaptation, etc.) within a specific scope, timeframe, and purpose. Therefore, when a violation occurs that distorts the nature of the agreement, the author or copyright owner can terminate the contract to prevent continued unauthorized exploitation.

In what cases can a work licensing agreement be canceled?

In what cases can a work licensing agreement be canceled?

The termination of a work use contract cannot be done arbitrarily but must be based on clear legal grounds and the severity of the violation. Below are common cases in practice:

Case 1: The user of the work violates the obligation to pay royalties and fees.

Paying royalties, fees, and copyright is a core obligation of the user. If the user commits the following acts, these are considered serious violations, undermining the purpose of the contract with the author.

  • Failure to pay as agreed
  • Repeatedly late payments
  • Deliberately evading obligations

Case 2: Using the work outside the agreed scope and purpose

Contracts for the use of works usually clearly stipulate:

  • Scope of use (printing, publishing, communication, etc.)
  • Duration of use
  • Territory of use
  • Purpose of use

If the user commits the following acts, this constitutes a serious violation of the author’s property rights:

  • Arbitrarily expanding the scope of exploitation
  • Using for commercial purposes without permission
  • Transferring the right to use to a third party contrary to agreement

According to Article 28 of the Intellectual Property Law, the act of using a work without the permission of the copyright owner is an infringement of copyright.

Case 3: Infringement of the Author’s Moral Rights

The author’s moral rights are protected indefinitely under Article 19 of the Intellectual Property Law, including:

  • The right to name the work
  • The right to use one’s real name or pseudonym
  • The right to protect the integrity of the work

If the user engages in the following actions, the author has the full right to terminate the contract to protect their moral rights.

  • Unauthorized modification or alteration of content
  • Failure to credit the author
  • Distortion of the work’s content, affecting the author’s honor and reputation

Case 4: Failure to perform or improper performance of contractual obligations

Some other obligations, while not directly related to money, significantly affect the exploitative value of the work, such as:

Examples:

  • Failure to release the work as planned
  • Failure to fulfill promotional obligations as committed
  • Failure to maintain confidentiality of the work’s content

These violations can diminish the commercial value and meaning of the permission to use the work, providing sufficient grounds for contract termination.

Case 5: Force majeure making the contract unenforceable

According to Article 156 of the 2015 Civil Code, force majeure is an objective event that is unforeseeable and unavoidable.

If this event makes it impossible to continue exploiting the work (e.g., a publishing ban, a natural disaster disrupting operations, etc.), the parties may agree to terminate the contract.

Important notes before deciding to cancel a work licensing agreement

Terminating a contract has many legal consequences, so the author or owner should carefully consider the following:

  • There must be clear grounds for breach: Cancellation cannot be granted simply because of “dissatisfaction.” Proof of breach of obligation, a serious breach, and damage or risk of damage must be demonstrated.
  • Notification of contract cancellation is required: According to the Civil Code, the canceling party must notify the other party. Failure to notify and causing damage will result in compensation.
  • Legal consequences after cancellation: According to Article 427 of the 2015 Civil Code: The contract is invalid from the time of conclusion; the parties must return to each other what they have received, and the party at fault must compensate for damages. This means the user must immediately cease exploiting the work and may have to pay compensation if damage has been caused.
  • Distinction from unilateral termination of contract: Many people confuse the two concepts of contract cancellation and unilateral termination of contract. Contract cancellation means the contract is considered as if it never existed, with the return of what has been received, and applies only in cases of serious breach. Unilateral termination of a contract means the contract ends at the time of termination, without requiring refunds if the work has been completed. This can be applied when there is an agreement to do so.
  • A clear written contract cancellation is recommended: The document should clearly state the legal basis, the violation, the cancellation date, the refund request, and compensation (if any). This helps protect your rights in case of disputes.

The above is an article titled “In what cases can a work licensing agreement be canceled?”. Contract cancellation cannot be done arbitrarily but must be based on serious violations and in accordance with the law. Authors and copyright owners need to understand their rights to protect their works in a timely manner, avoid illegal exploitation, and minimize legal risks during the process of cooperating in exploiting their works.

Sincerely,

1. Is delayed payment of royalties a basis for canceling a contract?

Yes. 1. If the user fails to pay, repeatedly delays payment, or intentionally evades payment obligations, this is considered a serious breach of contract. The author or copyright owner has the right to terminate the contract in accordance with the law.

2. After terminating a contract for the use of a work, can the user continue to exploit the work?

No. When a contract is terminated, it becomes invalid from the time of its conclusion, according to Article 427 of the 2015 Civil Code. The user must immediately cease exploiting the work, return what has been received, and compensate for damages (if any).

Is it a violation of copyright if a work is modified by AI?

The development of AI has made editing, rewriting, and restructuring content from existing works easier than ever. Simply inputting the original text into the tool, AI can “transform” it into a new version with different wording, layout, and even added content. This leads many to question: If AI edits an original work, does it still constitute copyright infringement? This article from VCD will help you answer that question.

What constitutes an AI-edited work?

An AI-edited work is new content created based on an existing work, with the assistance of AI tools. This “editing” can take many forms, such as:

  • Rewriting the entire content using different wording
  • Summarizing and then restating it
  • Changing the structure and rearranging the ideas
  • Translating into another language and then editing it
  • Adapting or modifying the original content

In terms of form, the content after AI processing may differ significantly from the original. However, in essence, if it is still based on the creative material, information, structure, and specific ideas of the original work, then it is not a completely independent work.

Clause 8, Article 4 of the 2022 Intellectual Property Law stipulates: “A derivative work is a work created on the basis of one or more existing works through forms such as translation, adaptation, modification, transformation, selection, annotation, or compilation.”

What AI typically does, such as rewriting, adapting, translating, summarizing, and developing, all coincide with the forms of creating derivative works as defined by law. Therefore, products modified by AI from original works are very easily considered derivative works.

Is it a violation of copyright if a work is modified by AI

Is it a violation of copyright if a work is modified by AI?

The answer depends on whether the new content is based on the original work, not on whether you used AI for the modifications.

Point a, Clause 1, Article 20 of the 2022 Intellectual Property Law stipulates:

“Property rights include:

a) Creating derivative works;”

This means that any content created based on an existing work, whether rewritten, adapted, or restructured using AI, can be considered a derivative work and requires the permission of the copyright owner. In other words, the law doesn’t care what tools you use to edit, but whether you are exploiting someone else’s creative material.

A very common misconception today is that if AI rewrites 60-70% of the text differently, it can be used safely. However, the law does not assess infringement based on the percentage of word changes. When considering a violation, the competent authority will base its decision on factors such as:

  • Does the core content remain the same as the original work?
  • Does the development of ideas follow the structure of the original work?
  • Is there significant similarity in layout and information system?
  • Can readers recognize the connection between the two contents?

If the creative imprint of the original work is still recognizable, then the AI-edited content may still be considered copyright infringement.

Article 28 of the 2022 Intellectual Property Law clearly stipulates that creating derivative works without the permission of the copyright owner constitutes copyright infringement. Therefore, using AI to rewrite books, articles, stories, or documents of others and then posting them on social media or exploiting them for commercial purposes without permission can still be considered a violation under the law.

In what cases does AI editing not violate copyright?

Not all cases of AI editing violate copyright. You can legally use AI if it falls under one of the following cases:

  • The original work’s protection period has expired: According to the law, property rights are protected for the author’s lifetime and 50 years after the author’s death. After this period, you can adapt or modify the work without permission (but you must still credit the author and not distort the content).
  • Permission from the copyright owner: If you have a contract or written agreement allowing the use, modification, or adaptation, you can legally use AI.
  • Only referencing general ideas: Ideas are not protected by copyright. If AI only assists you in developing completely new content, not based on the specific content structure of any work, then it does not violate copyright.

The above is an article titled “ Is it a violation of copyright if a work is modified by AI?“. Hopefully, the above analysis has helped you understand that AI is only a tool to support creativity, not a “shield” to avoid legal responsibility when using other people’s content. If the new content is still based on the creative material of the original work, you still have to obtain permission from the copyright owner according to regulations.

Sincerely,

1. Is a work modified by AI from an original work considered a completely new work?

Not necessarily. 1. If AI-generated content is still based on the core, structure, information, or creative hallmarks of the original work, it may legally be considered a derivative work, not a completely independent work.

2. Why can using AI to rewrite content still violate copyright?

Because the law doesn’t care what tool you use (AI or human), but whether you are exploiting someone else’s work. If the new content is created by modifying the original work without permission, it can still be considered copyright infringement.

Is permission required to adapt a story into a film?

A good story is always a great source of inspiration for film. However, you can’t just take the content of a story and turn it into a film, even if you’ve changed character names or modified some plot details. The line between creativity and copyright infringement is sometimes very thin. This article from VCD will help you clarify whether permission is required when adapting a story into a film and the consequences of skipping this important step.

What is adapting a story into a film?

Adapting a story into a film is the process of exploiting the content of a literary work (short story, novel, serialized story, newspaper story, story published on digital platforms, etc.) to create a script and produce a film, television series, or web series in audiovisual format.

During this process, the producer may retain or adjust certain elements such as plot, character development, setting, pacing, dialogue, etc., to suit the cinematic language. However, the core foundation remains based on the original work. Legally, this is no longer a matter of “borrowing ideas for reference,” but rather the direct use of creative material from a literary work to create a new work.

According to Clause 8, Article 4 of the 2022 Intellectual Property Law, “A derivative work is a work created on the basis of one or more existing works through translation from one language to another, adaptation, compilation, annotation, selection, modification, musical adaptation, and other adaptations.”

In this context, “adaptation” is clearly stated as one of the forms of creating a derivative work. Thus, when a story is adapted into a film, that film is legally defined as a derivative work of the original literary work.

This means that the film is not a completely independent work but depends on the rights to exploit the original story.

Is permission required to adapt a story into a film

Is permission required to adapt a story into a film?

Legally, adapting a story into a film is defined as creating a derivative work from the original literary work. Meanwhile, the right to create a derivative work belongs to the exclusive property of the author or copyright owner.

Based on point a, clause 1, Article 20 of the 2022 Intellectual Property Law:

“1. Property rights include:

a) Creating derivative works;”

This means that any individual or organization wishing to use the content of a story to create a script and produce a film must obtain the consent of the copyright owner before doing so.

This consent cannot be a verbal agreement, but must be expressed in a written contract such as: a rights transfer contract or a copyright usage contract. This is the legal basis proving the adaptation is legitimate, especially important when the film is commercially exploited and widely released.

According to Article 28 of the 2022 Intellectual Property Law, creating a derivative work without the permission of the copyright owner is considered copyright infringement. Therefore, even if character names are changed, plot details are added or removed, or new content is created, if the film is still based on the storyline, character system, setting, and main ideas of the original story, it is still considered an adaptation and requires permission.

In short, adapting a story into a film is not only an artistic creative activity but also an activity of exploiting the author’s property rights. Therefore, obtaining permission from the copyright owner is a mandatory requirement before proceeding with the adaptation.

Penalties for adapting a story into a film without permission

Adapting a story into a film without the author’s or copyright owner’s consent is not only a violation of professional ethics but also constitutes copyright infringement under the Intellectual Property Law.

As analyzed, adaptation is the creation of a derivative work. Meanwhile, point a, clause 1, Article 20 of the 2022 Intellectual Property Law, affirms that the right to create a derivative work is the exclusive property right of the copyright owner. Therefore, any unauthorized use of a story to create a film without permission is considered a violation of the law.

This act can be dealt with in three ways: administrative, civil, and criminal.

Administrative penalties

According to Decree 17/2023/ND-CP, the penalty for creating derivative works illegally can reach 35-50 million VND.

In addition, the following may be imposed: Removal and recall of the film; destruction of infringing copies; and compensation for damages to the author/owner.

Civil compensation

The owner has the right to claim compensation for:

  • Material damages (lost revenue, profits)
  • Emotional damages
  • Lawyer fees, dispute resolution costs

Criminal liability

If the infringing act causes significant damage or high illicit gains, the violator may be prosecuted under the Criminal Code.

The above is an article titled “Is Permission Required When Adapting a Story into a Film?”. As you can see, adaptation is not simply an artistic creation but also an act of exploiting the exclusive intellectual property rights of the author/copyright owner. Therefore, obtaining written permission before undertaking an adaptation is a mandatory requirement according to the law.

Sincerely,

1. What is the legal classification of adapting a story into a film under the Intellectual Property Law?

According to Clause 8, Article 4 of the Intellectual Property Law, adaptation is one of the forms of creating derivative works. Therefore, using the content of a story to create a film is legally defined as creating a derivative work from the original work.

2. Why is permission still required when adapting a story into a film, even if character names and plot details have been changed?

The law does not base its decision on how many details are changed, but rather on whether the film uses the plot, character system, setting, and main ideas of the original work. If the creative imprint of the original story is still recognizable, then it is still considered an adaptation and permission from the copyright owner is required.

What documents are included in a copyright and related rights application?

Many individuals and organizations are confused when preparing for copyright and related rights registration because they are not familiar with the required documents according to the law. Missing documents or providing incorrect information can lead to the application being rejected, prolonging the time it takes to issue the certificate. This article from VCD will help you understand what documents are included in a copyright and related rights registration application.

What are copyright and related rights?

According to Clauses 2 and 3 of Article 4 of the 2022 Intellectual Property Law, copyright and related rights are defined as follows:

Copyright is the legal right of an organization or individual to a work directly created by them or legally owned by them.

Related rights to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to objects arising from the exploitation and transmission of works such as performances, sound recordings, video recordings, broadcast programs, and satellite signals carrying encoded programs.

What documents are included in a copyright and related rights application?

What documents are included in a copyright and related rights rights application?

To be granted a Certificate of Copyright and Related Rights Registration, individuals and organizations need to prepare a complete application dossier in accordance with the law. Based on Article 50 of the Intellectual Property Law 2022, the application dossier for copyright and related rights registration includes the following documents:

1. Registration application form

This is the most important document. Applicants must provide complete and accurate information regarding: author, owner, title of the work, completion date, publication date (if applicable), etc.

Note: Clearly state your address, phone number, and email address so that the competent authority can contact you when necessary. If the author is also the owner, only one declaration is required.

2. Two copies of the work for which authorship is being registered or two copies of the fixed form of the object for which related rights are being registered.

For works with unique characteristics, copies may be printed, photographed, or recorded on a storage device.

Examples:

  • Copyright and related rights registration for a film script: submit two printed copies of the script.
  • Copyright and related rights registration for a design logo: submit two color printed copies of the logo on A4 paper.
  • Copyright and related rights registration for an electronic lecture: submit two copies stored on a USB or CD.

3. Power of attorney (if applicable)

If the applicant does not personally submit the application but authorizes another individual/organization, a valid power of attorney, notarized or certified, is required.

Example: Author A authorizes Intellectual Property Representative Office B to submit the registration application; a legally valid power of attorney between the two parties is required.

4. Documents proving the right to file the application (if applicable)

This applies when the applicant acquires rights from another person through inheritance, transfer, or agreement.

Example: Musician X transfers all copyrights to entertainment company Y; the transfer agreement must be submitted upon registration.

5. Written consent of co-authors (if applicable)

If the work was created by multiple individuals, a document showing the unanimous agreement of all co-authors regarding the registration is required.

Example: Three artists collaborate on a series of illustrations; when registering, a written consent from all three is required.

6. Written consent from co-owners (if any)

In cases where copyright is jointly owned by multiple individuals/organizations, written consent from all parties is required.

Example: A university and a business collaborate on a training materials program; when registering, a written agreement from both entities is required.

General note: All documents in the application must be in Vietnamese. If documents are in a foreign language, they must be translated into Vietnamese and notarized according to regulations.

Common mistakes when preparing copyright and related rights registration applications

In practice, many copyright and related rights registration applications are returned or require additional information because applicants are not familiar with the regulations regarding the components and format of the documents. Some common errors include:

  • Incomplete information in the application form
  • Incomplete copies of the work, lacking written consent from co-authors or co-owners
  • Power of attorney not notarized/authenticated, or foreign-language documents not translated into Vietnamese as required.

Careful review of the application before submission will help minimize these errors, ensuring a quick and smooth registration process.

The above is an article titled “What documents are included in a copyright and related rights application?”. If you still have difficulties in preparing the application or need assistance with the registration procedure, you should consult a professional to ensure your legal rights regarding the work and related rights are protected.

Sincerely,

1. When is it necessary to submit written consent from co-authors or co-owners to register copyright and related rights?

When a work is created jointly by multiple individuals or the copyright is jointly owned by multiple individuals or organizations, the applicant must provide documentation demonstrating the consent of all parties involved.

2. Can documents in foreign languages ​​be used in copyright and related rights registration applications?

Yes, but it must be translated into Vietnamese and notarized/certified according to regulations before being submitted with the application.

Costs of registering song copyrights

Before registering a song copyright, the primary concern for many authors and producers is the cost involved. Understanding each copyright registration fee from the outset will help you proactively manage your budget, avoid unnecessary expenses, and choose the appropriate registration method to fully protect the legal value of your musical work. In this article, VCD will summarize and analyze in detail the costs of registering song copyrights according to current regulations.

Legal regulations on song copyright in Viet Nam

Before learning about the costs of registering or exploiting song copyrights, understanding the legal regulations governing this field is crucial. According to the Intellectual Property Law 2022, musical works are protected by copyright from the moment they are created and expressed in a certain physical form, regardless of whether they have been registered or not. However, copyright registration is still encouraged, as it provides a crucial legal basis for copyright owners to prove their authorship in case of disputes or infringement.

Currently, the management and protection of copyright and related rights in the field of music in Vietnam are handled by the following agencies and organizations:

• Copyright Office – under the Ministry of Culture, Sports and Tourism

• Vietnam Copyright Protection Center for Music (VCPMC)

• Vietnam Copyright Association (VIETRRO)

Regarding the protection period, the law stipulates that copyright for musical works is protected throughout the author’s lifetime and for 50 years after the author’s death. For related rights, such as the rights of performers and producers of sound and video recordings, the protection period is 50 years from the date the work or recording was first published.

Costs of registering song copyrights

What factors determine the cost of registering a song copyright?

In reality, the cost of registering a song copyright is not fixed, but varies depending on the specific case. Understanding the factors affecting the cost will help you proactively budget and minimize unexpected expenses during the registration process.

Factor 1: Type of musical work

The copyright registration fee will vary depending on the type of work you are registering for protection, specifically:

  • Single song: Usually has lower costs due to simpler application procedures and faster processing times.
  • Album (collection of multiple songs): Higher costs due to the large number of works and longer application processing and review times.
  • Instrumental music: In some cases, there is a separate evaluation process that affects the fee.
  • Musical works with complex structures or foreign elements: Additional verification procedures may be required, leading to increased registration costs.

Factor 2: Number of authors or copyright owners

For works with two or more authors or copyright owners, the registration process is usually more complex:

  • The copyright distribution ratio between the parties must be clearly defined.
  • Notarization and authentication fees for ownership agreements may apply.
  • Longer processing times, resulting in increased costs.

Factor 3: Application submission method

Currently, applicants can choose one of two application submission methods:

  • Submitting directly to the competent authority: This may incur additional travel and printing costs, as well as waiting time.
  • Registering song copyright online: This is usually more cost-effective, but requires the person performing the procedure to have certain knowledge of technology and legal procedures.

Factor 4: The registration service provider

You can choose one of two options:

  • Self-registration: Only requires paying the administrative fees as stipulated by the State.
  • Using a song copyright registration service: Incurs additional service fees, but saves time, reduces errors in the application, and increases the chances of receiving a certificate.

Factor 5: Other incidental expenses

In addition to the basic copyright registration fee, you should also budget for some potential incidental expenses such as:

  • Notarization and translation fees for documents in foreign languages.
  • Fees for editing and supplementing the application if the initial application is not valid.
  • Travel and printing costs during the process of completing the song copyright registration application.

Cost of registering song copyright

According to current regulations, the cost of registering song copyright in Vietnam is divided into two main groups: state fees and service fees (if using a support service). The specific fee will depend on the registration method and the needs of each individual or organization.

State-regulated fees for registering song copyright

According to the fee schedule issued by the competent authority, the current fee for registering copyright for musical works is:

  • VND 100,000: Applies to musical works (songs, instrumental or non-instrumental music) for copyright registration.
  • VND 300,000: Applies in the case of registering derivative works, collections, or anthologies of multiple musical works.

This fee is a mandatory administrative fee, payable directly to the Copyright Office upon receipt of the application and is non-refundable regardless of whether the application is approved or rejected.

Service fees for song copyright registration (if applicable)

In cases where individuals or organizations authorize a service provider to register the song copyright, the cost will be higher as it includes services such as legal consultation, document preparation, representation, and monitoring of the results. Service fees typically range as follows:

  • From 1,000,000 – 3,000,000 VND/song for single works.
  • From 3,000,000 VND or more for albums, collections, or works with multiple co-authors.

The specific price may vary depending on the complexity of the application, the number of works, and the required processing time.

Potential costs

In addition to registration fees and service fees, applicants should be aware of other potential costs such as:

  • Notarization and certification fees (if there are multiple owners).
  • Translation fees for documents with foreign elements.
  • Costs for amending or supplementing documents if they are not valid.
  • Printing and travel expenses when submitting documents in person.
  • The above is complete information on “Costs of registering song copyright according to current regulations, including state fees, service fees (if any), and other potential costs to note. Hopefully, this information will help authors and production companies proactively budget, choose the appropriate registration method, and complete the copyright protection procedures promptly, thereby ensuring their legal rights to their musical works.

Sincerely,

FAQ

1. Is registering song copyright through a service significantly more expensive than registering it yourself?

Compared to doing it yourself, registering song copyright through a service will incur additional costs for consultation and document processing. However, this method saves time, minimizes errors, and is especially suitable for works with multiple co-authors or complex applications.

2. Besides the registration fee, what other costs may arise when registering song copyright?

In addition to the copyright registration fee, applicants may incur additional costs for notarization, document translation, amendments, and supplementary documents if the application is incomplete, as well as travel and printing costs when submitting the application in person. Preparing a complete and accurate application from the beginning will help minimize these additional costs.

Is it a violation to use a work whose copyright has expired?

Many people believe that once a work’s copyright has expired, it can be used freely without regard to any other legal factors. However, in reality, using a work whose copyright has expired still has to comply with certain principles under the Intellectual Property Law. Let’s explore whether using a work whose copyright has expired is a violation in the article below!

When does a work’s copyright expire?

Determining whether a work’s copyright has expired is a very important factor before you decide to exploit or reuse that work. Misunderstanding this timeframe can easily lead users into unknowingly violating copyright.

According to Article 27 of the 2022 Intellectual Property Law, the copyright protection period is divided into moral rights and property rights.

In summary:

  • Moral rights (naming the work, being credited as the author, protecting the integrity of the work, etc.) are protected indefinitely.
  • Property rights (copying, distributing, creating derivative works, communicating to the public, etc.) are protected only for a specific period. Specifically, Clause 2 of Article 27 stipulates: Property rights are protected throughout the author’s lifetime and for 50 years after the author’s death. The protection period ends at 24:00 on December 31st of the year the protection period expires.

For works with co-authors, the protection period is calculated from the year the last co-author dies. Upon expiration of this period, the work is considered to belong to the public and is no longer limited by the author’s property rights.

Is it a violation to use a work whose copyright has expired?

Is it a violation to use a work whose copyright has expired?

When the copyright protection period has expired, you do not need permission or have to pay royalties when performing the following actions:

  • Copying the work
  • Distributing and publishing
  • Adapting, modifying, or recreating
  • Using it for commercial purposes

However, this does not mean you have the right to use it at will. Because, even though the copyright has expired, the author’s moral rights are still protected permanently according to Clause 1, Article 19 of the 2022 Intellectual Property Law, including:

“Naming the work;

Using one’s real name or pseudonym on the work;

Protecting the integrity of the work, preventing others from modifying, abridging, or distorting it in a way that harms the author’s honor and reputation.”

Therefore, when using a work whose copyright has expired, you are still required to:

  • Clearly state the author’s name
  • Not distort or misrepresent the content
  • Not harm the author’s honor or reputation

In summary, once the copyright protection period for a work has expired, you have the right to exploit and use it without permission or royalties. However, such use must still be within the limits of respecting the author’s moral rights. Ignoring these principles can still lead to legal risks, even if the work is now in the public domain.

Common misunderstandings when using works after copyright expires

Many people believe that when a work’s copyright protection expires, it becomes “common property,” and anyone can use, edit, cut, paste, or modify it as they wish without regard to legal factors. This understanding is incomplete and carries many risks of violating the author’s personal rights.

In reality, after the copyright protection expires, the work can be exploited more widely in terms of use. However, the author’s personal rights are still protected indefinitely by law. This means that users must still respect the name, reputation, spirit, and original value of the work.

Some situations that can easily lead to infringement include:

  • Take a classic literary work whose copyright has expired and modify its content in a way that distorts the author’s intended message.
  • Cutting, distorting, or altering the content of a work for personal gain, negatively impacting the author’s honor and image.
  • Republishing, posting, or distributing a work without properly attributing the author’s name.

These actions, even when performed on a work whose intellectual property protection period has expired, can still be considered an infringement of the author’s moral rights under the Intellectual Property Law.

Furthermore, a frequently overlooked point is that translations, adaptations, illustrations, and productions created from works whose copyright protection has expired may still be protected by copyright if they are the original creations of the creator.

For example, the copyright for The Tale of Kieu has expired. However, derivative works from The Tale of Kieu that are independently protected by copyright include:

  • An English translation of The Tale of Kieu by a translator
  • Modern illustrations for The Tale of Kieu
  • Stage and film adaptations of The Tale of Kieu

In this case, you cannot use these derivative works without permission from the original creator.

Therefore, using a work whose copyright has expired does not mean you have the full right to use all versions related to that work. Users need to clearly distinguish between original works that are already in the public domain and derivative works that are still under protection to avoid violating the law.

The above is an article titled Is it a violation to use a work whose copyright has expired?“. Understanding the protection period and the scope of permitted use will help you exploit the work legally, safely, and avoid unnecessary legal risks.

Sincerely,

FAQ

1. Why can there still be a violation even if the protection period has expired?

Because the author’s moral rights are protected indefinitely. If you do not credit the author, or if you cut, distort, or alter the content in a way that affects the author’s honor and reputation, it can still be considered copyright infringement.

2. Can translations and adaptations of works whose protection period has expired be used freely?

Not necessarily. Translations, illustrations, adaptations, etc., are derivative works and may be independently protected. When using these versions, you still need to ask permission from the creator.

How can I prove copyright ownership in case of a dispute?

When copyright disputes arise, the most important question is no longer whether the work is protected, but who is the true author and legal owner. While the law stipulates that copyright arises automatically upon the creation of a work, proving that right before the competent authority requires very specific grounds and evidence. So how can you prove copyright in disputes? This article from VCD will help you understand.

What is copyright?

Copyright is the right of an organization or individual to a work they directly create or legally own. This is one of the important intellectual property rights, protecting the fruits of intellectual labor in the fields of literature, art, and science.

According to Clause 2, Article 4 of the 2022 Intellectual Property Law, copyright includes moral rights and property rights arising from the work. In summary:

  • Moral rights are linked to the author’s honor and reputation, such as the right to name the work, to have one’s name on the work, to publish the work, and to protect the integrity of the work.
  • Property rights allow the author or owner to exploit the economic value of the work, such as copying, distributing, communicating to the public, renting, creating derivative works, etc.

A special feature of Vietnamese law is that copyright does not arise from the registration procedure, but arises at the moment the work is created.

According to Clause 1, Article 6 of the Intellectual Property Law: “Copyright arises from the moment the work is created and expressed in a certain physical form, regardless of content, quality, form, medium, language, whether it has been published or not, whether it has been registered or not.”

This regulation affirms a very important principle: simply by creating a work and expressing it externally (writing, drawing, designing, recording, filming, etc.), you automatically acquire copyright. No permission, registration, or publication is required.

However, precisely because copyright arises “automatically,” when disputes arise, the most important question is no longer whether the work is protected, but rather: Who actually created the work? Who is the legal owner? At this point, legal regulations only serve as a foundation. The decisive factor lies in the factual evidence proving the creation process, the time of creation, and the relationship between the author and the work.

In other words, copyright law protected copyright very early on, but to protect that right in case of a dispute, you must prove your rights with specific, clear, and legal evidence.

How can I prove copyright ownership in case of a dispute?How can I prove copyright ownership in case of a dispute?

How can I prove copyright ownership in case of a dispute?

When a copyright dispute arises, the competent authority (Court, Inspectorate, Copyright Office, etc.) will rely on evidence to determine:

  • Who directly created the work?
  • Who is the legal owner?
  • When the work was created?
  • Whether there was any copying or infringement?

Depending on whether copyright has been registered or not, the method of proof will vary.

Case 1: Having a copyright certificate

This is the easiest case to prove copyright in a copyright dispute.

According to Clause 3, Article 49 of the Intellectual Property Law: “A copyright registration certificate or a related rights registration certificate is evidence proving that the copyright or related rights belong to the person granted the certificate, except in cases where there is evidence to the contrary.”

This means:

  • The holder of the certificate is automatically recognized as the author/owner.
  • The other party, if they wish to deny ownership, must provide very strong counter-evidence.
  • Courts and authorities prioritize relying on this certificate.

In practice, in disputes, the certificate of copyright is almost an extremely important “legal shield.”

In addition to the certificate, you can provide the following documents in case of a copyright dispute:

  • Original manuscript
  • Design files, draft files with creation history
  • Emails exchanged, creative work contracts
  • Invoices, receipts showing the process of creating the work

These documents are not only supplementary but also play a strong role in strengthening the evidentiary value in the case file when a copyright dispute occurs. In fact, the competent authority does not rely on a single document, but will evaluate the entire system of evidence to determine who actually created the work and when.

Case 2: No copyright certificate available

Many people believe that if a work is not registered for copyright, it will not be protected by law. This is an inaccurate understanding.

According to Clause 1, Article 6 of the 2022 Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of whether it has been registered or not. This means that even if you haven’t completed the registration procedure, your copyright is still recognized and protected by law.

However, in the event of a dispute, you will have to provide specific evidence to prove that you are the author or legal owner of the work, instead of being automatically recognized as in the case of having a copyright certificate.

Important types of evidence include:

Manuscripts and original copies of the work

Manuscripts and original files are among the most valuable pieces of evidence when proving copyright.

  • Word, PSD, AI, CAD files, handwritten documents…
  • Files with edit history
  • Versions saved on Google Drive, Email, Dropbox with storage dates

These documents are highly valuable evidence, because simulating an entire editing, storage, and exchange process over a long period is almost impossible to do reasonably and convincingly.

Timestamps of the work

Besides the original draft or file, data showing the time of creation and editing of the work also has high evidentiary value in copyright disputes.

  • File save date
  • Edit history
  • Emails sending drafts
  • Messages exchanged about the work’s content

These timestamps help prove that you were the first to create the work. This is an important basis for the competent authority to determine the sequence of creation of the work and your actual role in the creative process.

Witnesses

In many cases, testimony from individuals directly involved in the creation of the work is also an important source of evidence. Witnesses may include:

  • Colleagues
  • Individuals to whom you sent a draft for review
  • Participants in the creative process

When necessary, witnesses may be summoned by the competent authority to clarify the creation process and confirm your role in the creative process.

Contracts, assignments, and work exchanges

If the work was created on commission or under contract, you can provide:

  • Creative work contract
  • Work agreement
  • Emails or messages assigning content

According to Article 39 of the 2022 Intellectual Property Law, the copyright owner can be an organization or individual holding one, several, or all of the rights to the work. This regulation establishes an important principle: The person who directly creates a work is not necessarily the owner of the intellectual property rights to that work.

Examples:

  • A designer creating a logo for a company
  • A content writer writing articles for assigned tasks
  • A designer creating a brand identity under an outsourced contract
  • A photographer taking product photos under a service contract

Therefore, while they are the direct creators of the work, the intellectual property rights belong to the organization or individual who assigned the work, unless otherwise agreed upon. In case of disputes, documents such as contracts, work assignments, emails, or work-related messages will be crucial evidence to clarify the legal relationship between the parties and determine who is the legitimate owner of the work.

Previous publication of the work

Having previously published the work to the public before the dispute arose is also valuable evidence in proving copyright ownership. Publication methods can be very diverse, such as:

  • Posting articles, images, and designs on websites, fan pages, and social media platforms.
  • Publishing works in the form of books, magazines, and printed publications.
  • Posting on digital platforms that record the time of publication and store data.

These methods help establish the initial public release date of the work. When the publication date coincides with the creation date of the work, this becomes crucial evidence to prove that you owned and controlled the work from a very early stage, before the other party engaged in any use or copying.

The above is an article titled “How can I prove copyright ownership in case of a dispute?“. Hopefully, the detailed analysis in this article has helped you understand the legal basis and how to gather the necessary evidence to protect your rights when copyright disputes arise.

Sincerely,

FAQ

1. Does copyright need to be registered to be protected by law?

No. According to Clause 1, Article 6 of the Intellectual Property Law, copyright arises immediately upon the creation and expression of a work in a certain physical form, regardless of whether it has been registered or not. However, copyright registration makes it easier to prove rights in case of disputes.

2. If copyright has not been registered, how can it be proven?

You can use evidence such as original manuscripts, files with editing history, data stored on email or cloud platforms, content exchange messages, witnesses, contracts, etc., to prove the creation process and time of creation of the work.

What acts are considered infringements of the author’s moral rights?

An author’s moral rights are a particularly important group of rights, closely linked to the honor, reputation, and creative imprint of the creator of a work. However, in the process of exploiting and using works, many individuals and organizations have unintentionally or intentionally committed acts that infringe upon these rights without realizing the legal risks. So, what actions are considered infringements of an author’s moral rights according to the current Intellectual Property Law?

What rights are included in an author’s moral rights?

According to Article 19 of the 2022 Intellectual Property Law, the author’s moral rights include four basic rights:

“1. Naming the work.

The author has the right to transfer the right to name the work to the organization or individual receiving the transfer of property rights as stipulated in Clause 1, Article 20 of this Law;

2. Using their real name or pseudonym on the work; having their real name or pseudonym mentioned when the work is published or used;

3. Publishing the work or allowing others to publish the work;

4. Protecting the integrity of the work from distortion; preventing others from modifying or abridging the work in any way that harms the author’s honor and reputation.”

The above rights are closely tied to the author and, in principle, cannot be transferred to others. However, the right to publish the work may be transferred by the author to another organization or individual by agreement in accordance with the law.

What acts are considered infringements of the author's moral rights?

What actions are considered infringements of an author’s moral rights?

Moral rights are a group of rights directly linked to the honor, reputation, and creative imprint of an author. Therefore, any action that illegally affects the title of a work, the author’s name, the right to publish, or the integrity of the work’s content can be considered an infringement of moral rights according to the Intellectual Property Law.

Below are some typical infringing actions commonly encountered in practice:

Infringement of the right to name a work

First and foremost, the author has the absolute right to name their work. The title of a work not only serves as an identifier but also expresses the idea and message the author wishes to convey.

Therefore, any act of arbitrarily changing the title of a work or using a different title when exploiting the work without the author’s consent is considered an infringement.

Examples:

  • Arbitrarily changing the title of a book, article, song, or image when reposting it.
  • Using a work but using a different title for commercial purposes.
  • Intentionally renaming it to mislead about the original content or meaning of the work.

Although often overlooked, this is the first direct violation of the author’s personal rights.

The act of not crediting or incorrectly crediting the author

This is the most common form of personal rights violation today, especially on the internet.

Examples:

  • Reposting articles, images, or videos without crediting the author.
  • Intentionally removing the author’s watermark, signature, or logo from the work.
  • Attributing someone else’s name to the author of the work.
  • Using the work in advertising or media without crediting the author.

According to the law, crediting the author is a mandatory obligation when using a work, even if permission has been obtained or payment has been made.

The act of publishing a work without the author’s permission

Authors have the right to decide when and how to publish their work. If a work is published, distributed, or shared to the public without the author’s permission, this constitutes a serious violation of moral rights.

Examples:

  • Publishing book manuscripts or research papers without the author’s permission
  • Distributing song demos or design drafts before official publication
  • Employees independently releasing internal creative work

This right aims to protect the author’s control over their “intellectual offspring.”

The act of altering, cutting, or distorting a work

Among acts of violating moral rights, falsifying the content of a work is considered the most serious. The law allows authors to protect the integrity of their work and prohibits anyone from arbitrarily modifying it in a way that affects their honor and reputation.

Examples:

  • Cutting and pasting content to distort the author’s viewpoint
  • Editing images and designs to misinterpret the message
  • Re-editing the work in a way that is offensive or deviates from the original
  • Placing the work in a negative context, contrary to its original spirit

These are behaviors that are very easy to occur in media, marketing, and journalism if not careful.

Deleting copyright information, concealing the origin of the work

In addition to the above behaviors, deleting watermarks, metadata, and author information on design files, images, videos, etc., is also considered a violation of moral rights.

This behavior is often aimed at concealing the origin of the work for unauthorized use without detection.

Legal consequences of violating the author’s moral rights

When violating moral rights, the infringing individual or organization may face many serious legal consequences, depending on the nature and extent of the violation, including:

  • Administrative penalties according to Decree 131/2013/ND-CP
  • Mandatory public apology and correction
  • Mandatory compensation for emotional damages to the author
  • Removal, recall, and destruction of infringing publications
  • Civil lawsuit in court

In many cases, damage to honor and reputation is far greater than material damage.

The above is an article titled “What acts are considered infringements of the author’s moral rights?“. Hopefully, you understand that protecting personal rights is also protecting the ethical and legal foundations in the creation and use of works today.

Sincerely,

FAQ

1. Can the author’s personal rights be transferred to another person?

Except for the right to publish the work, which can be transferred by agreement, other moral rights such as naming the work, being credited as the author, and protecting the integrity of the work are inherent to the individual author and cannot be transferred to others.

2. Is posting a work online without the author’s permission a violation of moral rights?

Yes. The author has the right to decide when and how to publish the work. Unauthorized posting and distribution without permission constitutes a serious violation of the author’s moral rights.

Causes of Disputes Between Authors and Copyright Owners

During the exploitation and use of works, disputes between authors and copyright owners often arise due to differences in the interpretation and application of copyright law. In particular, for works created under employment relationships, assignments, or contracts, the failure to clearly identify the rights holder from the outset is a common cause of conflict and lawsuits between the parties.

Distinguishing Between Authors and Copyright Owners

According to Clause 2, Article 4 of the 2022 Intellectual Property Law, an author is a person who directly creates a work through their intellectual labor. The author is always an individual and is the subject associated with the creation process of the work. Although property rights to the work may be transferred, the author’s status remains unchanged and cannot be replaced by another organization or individual.

The Intellectual Property Law stipulates that the author’s rights include moral rights and property rights. Most moral rights, as defined in Article 19, are closely tied to the author’s honor and reputation and therefore cannot be transferred to other entities, except for the right to publish the work as prescribed by law.

Unlike the author, the copyright owner is an organization or individual who holds the property rights to the work. According to Article 36 of the Intellectual Property Law, the copyright owner can be the author himself, the organization or individual commissioning the creation, the commissioning party, or the party receiving the copyright transfer through a contract, inheritance, or other legal grounds. The copyright owner has the right to exploit the economic value of the work through the property rights stipulated in Article 20 of this Law.

Causes of Disputes Between Authors and Copyright Owners

Causes of Disputes Between Authors and Copyright Owners

Disputes between authors and copyright owners often do not stem from a single cause but arise from various factors in the process of creation, exploitation, and copyright registration. Some typical causes include:

Firstly, disputes arise from the absence or unclear definition of copyright in employment relationships or creative contracts.

According to Article 39 of the Intellectual Property Law, for works created under assignment or contract, the copyright owner is the organization or individual assigning the task or entering into the contract, unless otherwise agreed upon by the parties. However, in practice, many employment contracts or creative contracts do not specify or are not clearly defined regarding copyright for the created work. This lack of clarity leads to differing interpretations and applications among parties when a work generates exploitable value, thus giving rise to disputes.

Secondly, disputes arise from confusion between the author’s moral rights and the copyright owner’s property rights.

Although property rights to a work can be transferred to the copyright owner, according to Article 19 of the Intellectual Property Law, the author still retains moral rights, including the right to have their name on the work and the right to protect the integrity of the work. In many cases, copyright owners misunderstand the scope of their rights, believing that holding property rights means having the right to decide on all matters related to the work, leading to acts infringing on the author’s moral rights and giving rise to disputes.

Thirdly, registering copyright with the wrong entity is also a direct cause of disputes.

According to Article 49 of the Intellectual Property Law, copyright registration is not a condition for the creation of rights, but the copyright registration certificate has significant evidentiary value in case of disputes. In practice, there are many cases where registration dossiers declare information about the author or copyright owner that does not match the actual creation or the agreement between the parties, leading to complaints, requests for amendment, or cancellation of the issued certificate.

Fourth, disputes arise from the transfer of copyright that is not in accordance with or complete with the provisions of the law.

According to Articles 45 and 46 of the Intellectual Property Law, the transfer of copyright or the transfer of the right to use copyright must be made in writing and clearly define the scope, duration, and form of exploitation of the right. If the transfer contract does not clearly specify the content of the transferred rights or the parties do not understand the nature of the transfer, disputes may arise during the exploitation and use of the work.

Important notes when registering copyright to avoid disputes between the author and the copyright owner

First, clearly identify the legal status of each party before submitting the registration application: who is the author, who is the copyright owner, and what is the basis for establishing the rights (self-creation, employment contract, creative contract, transfer of rights, etc.).

Secondly, prepare complete documentation proving ownership, especially documents such as creative contracts, assignment decisions, copyright transfer documents, or commitments between the parties.

Thirdly, accurately and truthfully declare information in the copyright registration application form, ensuring consistency with the content of attached documents and the actual creation of the work.

Fourthly, clearly understand the limitations of the copyright owner’s rights, avoiding agreements or actions that infringe on the author’s personal rights, even if the owner is an organization or business.

The above is the article “Causes of Disputes Between Authors and Copyright Owners” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

FAQ

Question 1: Are the author and copyright owner always the same person?

No. According to the Intellectual Property Law, the author is the person who directly creates the work, while the copyright owner is the entity holding the property rights to the work. In many cases, especially when the work is created under assignment or contract, the author and the copyright owner are two different legal entities.

Question 2: Why do disputes between authors and copyright owners often arise?

Disputes often arise due to the lack of or unclear agreement on copyright from the outset, confusion between the author’s moral rights and the copyright owner’s property rights, or incorrect declaration of the subject when registering copyright.