Author: Editor VCD

Does copyright arise from the date of registration?

Written by Editor VCD on 13 January, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Does copyright arise from the date of registration?

Many people still believe that only when they possess a copyright registration certificate is their work legally protected. This misconception has caused many individuals and organizations to delay protecting their legitimate rights when disputes arise. So, according to the Intellectual Property Law, from what point in time does copyright arise? Is registration mandatory? This VCD will help you understand the true and complete legal nature of copyright.

Copyright

According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.”

This regulation shows that the subject of copyright is not only the person who directly creates the work, but in many cases can also be an organization or individual to whom the right is legally transferred by agreement or by law. Copyright is established to protect the fruits of intellectual labor, fully recognizing the spiritual and material rights of authors and owners, while creating a legal framework to encourage creative activities, research, and the dissemination of knowledge in society.

According to Article 14 of the Intellectual Property Law, copyright is protected for literary, artistic, and scientific works, including but not limited to:

Written works: books, articles, textbooks, lectures, scripts

Musical, theatrical, and cinematic works

Fine art and architectural works

Technical drawings and maps

Computer programs and databases

It is important to note that the law does not protect ideas, but rather the specific form of expression of the work.

Moral rights: naming the work, being credited as the author, publishing the work, protecting the integrity of the work.

Property rights: copying, distributing, communicating the work to the public, renting, creating derivative works, etc.

All of the above rights are protected by law from the moment copyright arises, thereby creating a solid legal basis for authors and copyright owners to protect their legitimate interests when disputes or copyright infringements occur.

Does copyright arise from the date of registration?

Many individuals and organizations still believe that copyright only arises when a registration application is filed and a copyright certificate is issued. However, this understanding is inconsistent with current intellectual property law and easily leads to misunderstandings in protecting the legitimate rights of authors.

According to Clause 1, Article 6 of the 2022 Intellectual Property Law, it is stipulated that: “Copyright arises from the moment the work is created and expressed in a certain tangible form, regardless of content, quality, form, medium, language, whether published or not, registered or not registered.”

Thus, copyright does not arise from the date of registration. Copyright arises automatically as soon as the work is created and expressed in a specific tangible form.

Is copyright registration mandatory?

The Intellectual Property Law does not require authors or copyright owners to register their work in order to receive protection. This is entirely consistent with the Berne Convention on the Protection of Literary and Artistic Works, of which Vietnam is a member, according to the principle: “Copyright is protected regardless of any formal procedures.”

Although not mandatory, copyright registration is essential and encouraged in practice, especially when the work has economic value or is easily infringed upon.

According to Article 49 of the Intellectual Property Law, authors and copyright owners have the right to register their copyright with the Copyright Office and be granted a Certificate of Copyright Registration. This certificate has significant legal importance and serves as strong evidence to prove ownership.

According to Clause 3, Article 49 of the 2022 Intellectual Property Law: “The Certificate of Copyright Registration is the basis for determining copyright and related rights.”

In case of disputes, the holder of the Certificate is usually presumed to be the legitimate rights holder. The other party has the obligation to prove otherwise. Conversely, if not registered, the author still has rights but must independently gather evidence and prove the time of creation and the process of forming the work. This process is often difficult, time-consuming, and carries potential legal risks.

The above article, “Does Copyright Arise from the Date of Registration?“, aims to help readers understand the true legal nature of copyright under the Intellectual Property Law. Thus, copyright arises automatically as soon as a work is created and expressed in a tangible form, regardless of registration.

Sincerely,

FAQ

1. Does copyright protect the idea or the form of expression of a work?

The law only protects the specific form of expression of a work, not the idea. Only when the idea is expressed as a concrete work is it protected by copyright law.

2. What groups of rights does copyright include?

Copyright includes two basic groups of rights: moral rights and property rights. Moral rights are linked to the honor and reputation of the author, while property rights relate to the exploitation of the economic value of the work and are protected by law under the Intellectual Property Law.

Is it necessary to obtain permission to publish books for internal circulation?

Written by Editor VCD on 13 January, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Is it necessary to obtain permission to publish books for internal circulation?

Printing books and documents for internal use is a common practice among many agencies and businesses. However, not everyone understands whether permission is required for internal circulation, and whether there are penalties for not obtaining permission. This article will specifically analyze current legal regulations to help you avoid legal risks during the process of distributing internal documents.

What is an internal circulation book?

Currently, publishing law does not provide a specific definition of “internal circulation book.” However, in practice, an internal circulation book can be understood as a publication compiled and distributed within the internal scope of an agency, organization, or business, not intended for commercial purposes, not distributed to the market, and not serving the general public.

Some common examples:

Business manuals, internal training materials

Internal training materials of enterprises and organizations

Conference and seminar proceedings circulated within the unit

Research documents, technical guides for internal use

Because of their “not widely distributed” nature, many units believe that books for internal circulation do not require publishing permission. However, this view is not always correct.

Is publishing permission required for books for internal circulation?

This is a question that causes much confusion, as many agencies and businesses believe that internal distribution does not require publishing permission. However, this view is not entirely correct according to current publishing law regulations.

According to Clause 1, Article 2 of the 2012 Publishing Law, publishing is understood as: “The organization of editing, printing, and distributing works and documents to the public through a publishing house or licensed agency or organization.”

At the same time, Clause 2, Article 4 of the 2012 Publishing Law clearly stipulates: “Only publishing houses are allowed to carry out publishing activities.”

Thus, the law does not base its classification on the purpose of circulation (internal or commercial), but on the form and act of publishing, including: editing – printing – distribution.

Therefore, if a document takes the form of a book, is printed and distributed to many people, even if only internally, it is still considered a publication and falls within the scope of the Publishing Law.

According to Clause 4, Article 4 of the 2012 Publishing Law, publications include: “Printed books, e-books, paintings, photographs, maps, posters, leaflets, and other publications published through publishing houses.”

The law does not exclude publications “for internal circulation only” from the concept of publications. Therefore, internally circulated books are still books, and books are still publications. Publications must be legally licensed before publication. Limiting the readership (only staff, employees, members, etc.) does not change the legal nature of the publishing activity.

How to identify internally circulated books

In practice, internally circulated books must obtain publishing permission when they have one or more of the following characteristics:

Complete book title, author, and layout

Printed as a complete book, bound, with a clear cover

Printed in a specific quantity, not for temporary use

Distributed to multiple departments and subordinate units

Content is educational, research-oriented, or provides professional or legal guidance

In these cases, the compiling unit cannot independently print and distribute the books, but must collaborate with a publisher and follow the procedures for obtaining a publishing decision as prescribed. The note “Internal Circulation Document” on the book cover does not replace a publishing license.

Violations for publishing internal circulation books without permission

According to Decree 119/2020/ND-CP on administrative penalties in press and publishing activities, the act of printing and distributing publications without a publishing decision may be subject to:

Fines: Organizations and individuals who print or distribute internal circulation books without a publishing decision may be subject to administrative fines. The specific fine will depend on: the nature and extent of the violation; the number of books printed and distributed; and the consequences arising from the violation.

Forced recall and destruction of all books: This means that all previous costs of compilation, printing, and distribution will not be recognized; the books cannot be used further, even internally; the violating unit must bear all destruction costs.

Compulsory repayment of illegal revenue (if any): In cases where internally circulated books generate revenue, even if it is not considered official business activity (e.g., fees for materials, training fees, or supplementary sales of textbooks), the infringing organization may also be compelled to repay all illegal revenue obtained from the unauthorized printing and distribution of the books.

The above article, “Is it necessary to obtain permission to publish books for internal circulation?”, aims to clarify the legal regulations related to the printing and distribution of internal books. We hope that businesses and individuals will gain a correct understanding and choose appropriate options to ensure compliance with the law and safety during the use and distribution of internal documents.

Sincerely,

FAQ

1. In what cases does an internal book not require permission to publish?

Only temporary documents such as administrative documents, photocopied materials for meetings, short-term training, and those not printed as complete books, do not require permission to publish.

2. Are internal books protected by copyright?

Yes. Copyright arises automatically when a work is created and expressed in a physical form, regardless of whether the book is published publicly or only for internal circulation.

Are investigative journalism articles protected by copyright?

Written by Editor VCD on 13 January, 2026. Posted in Announcement, Choreography works, Copyright Registration. No Comments on 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

1. Are current news articles protected by copyright like investigative reports?

Current news articles are not protected by copyright like investigative reports in newspapers. Purely factual news is not subject to copyright protection; this is a fundamental difference compared to investigative journalism.

2. Is copying investigative reports from newspapers without permission a violation of the law?

Yes. Copying, publishing, or exploiting investigative reports from newspapers without the consent of the copyright owner may be considered copyright infringement and will be prosecuted according to the law.

Do film actors have copyright?

Written by Editor VCD on 13 January, 2026. Posted in Announcement, Cinematographic work, Copyright Registration. No Comments on Do film actors have copyright?

In the production and exploitation of films, the role of actors is always considered a crucial element in creating artistic value and appeal. However, many people still wonder whether film actors enjoy copyright, or are only protected under a different legal mechanism. Understanding the true nature of copyright and related rights will help actors and production companies avoid confusion and better protect their legitimate rights and interests.

What is Copyright?

Copyright is the right of an organization or individual to a work they directly create or own. This is one of the important rights in the field of intellectual property, aiming to protect the creative value, both spiritual and economic, of the author or owner of the work.

According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.”

Copyright arises from the moment the work is created and expressed in a certain physical form, regardless of whether the work has been registered or not. Copyright registration only serves as legal evidence in case of disputes.

In terms of content, copyright includes two basic groups of rights:

Moral rights: linked to the honor and reputation of the author, such as the right to name the work, to use their real name or pseudonym on the work, and the right to protect the integrity of the work.

Property rights: allowing the author or owner to exploit the economic value of the work, such as the right to copy, distribute, and communicate the work to the public, allowing others to use the work and receive remuneration or royalties.

According to Article 14 of the 2022 Intellectual Property Law, the types of works protected by copyright are diverse, including cinematographic works and works created using methods similar to cinematography. This is a crucial legal basis for considering the relationship between film actors and the rights arising from cinematographic works, including copyright and related rights.

Do film actors enjoy copyright?

According to intellectual property law, film actors are not automatically considered authors of cinematographic works. Legally, copyright is only established for individuals directly involved in the core creative activities that determine the content and form of expression of the cinematographic work. Meanwhile, actors primarily perform their roles based on the script, the director’s direction, and the overall artistic direction of the film.

In a film, the entities typically recognized by law as authors include:

Screenwriter

Director

Music composer

Cinematographer

Art designer

Film editor (in some cases)

Actors only perform roles based on the script and existing artistic direction; they do not directly create the film from a legal perspective regarding copyright. Therefore, film actors do not enjoy copyright rights over the film.

In rare cases, an actor may still become a copyright holder if:

They are simultaneously the scriptwriter or co-author of the work

They directly participate in creating the core content that determines the form of expression of the work

There is a written agreement acknowledging their authorship

In such cases, copyright and performer rights coexist, but must be clearly proven by specific legal grounds.

How are the rights of film actors protected?

Although they do not enjoy copyright protection, film actors are still protected by law through related rights, specifically the rights of performers.

The rights of performers include: Personal rights and property rights.

Personal rights of performers:

The right to have their name mentioned during performances

The right to have their image, reputation, and honor protected during the exploitation of their performance

The right to prevent others from distorting, altering, or damaging their reputation

Property rights of performers:

The right to permit or not permit the creation, copying, or broadcasting of their performance

The right to receive remuneration and royalties when the performance is commercially exploited

The right to receive material benefits from the use of their image, voice, and acting

Note: These rights may be transferred or agreed upon in the contract between the actor and the film producer.

The above is an article titled “Do Film Actors Have Copyright Rights?”. Hopefully, this information will help readers understand the rights of actors correctly and fully, as well as clearly distinguish between copyright and related rights.

Sincerely,

FAQ

1. Who is recognized as the author of a film?

The author of a film usually includes the screenwriter, director, composer, cinematographer, art designer, and in some cases, the editor – those who directly create the content and form of the work.

2. In what cases can an actor simultaneously hold copyright?

An actor can become the copyright holder if they are simultaneously the author or co-author of the script, directly participate in creating the core content of the work, or have a written agreement clearly stating their authorship status as stipulated by law.

Is it mandatory for the author and copyright owner to be the same person when registering a copyright?

Written by Editor VCD on 9 January, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Is it mandatory for the author and copyright owner to be the same person when registering a copyright?

In reality, many works are created directly by individuals, but the ownership belongs to an organization or another entity. This causes many people to wonder when registering copyright: is it mandatory for the author and copyright owner to be the same person? This article by VCD will help you.

Legal Regulations on Authors and Copyright Owners

Vietnamese Intellectual Property Law clearly distinguishes between authors and copyright owners; these are two independent entities with different legal statuses and scopes of rights. According to Clause 2, Article 4 of the 2005 Intellectual Property Law (amended and supplemented in 2022), an author is a person who directly creates all or part of a literary, artistic, or scientific work. Authorship is established based on the element of individual creativity, linked to the intellectual labor process, and does not depend on whether the work has been published or registered for protection.

Meanwhile, copyright ownership is understood as the organization or individual holding the property rights to the work. According to Article 37 of the Intellectual Property Law, copyright ownership can be the author himself, or another organization or individual who acquires ownership through legal grounds such as: the work was created as part of an assigned task; under a creative contract; through copyright transfer; through inheritance; or established according to the provisions of law. Thus, the law does not implicitly equate authorship with copyright ownership.

Therefore, it can be seen that the author is a subject associated with personal rights, while the copyright owner is a subject associated with property rights. This distinction is crucial for correctly identifying the subject named in the copyright registration application as well as the scope of protected rights.

Is it mandatory for the author and the copyright owner to be the same entity when registering a copyright?

Current intellectual property law does not require the author and the copyright owner to be the same entity when carrying out copyright registration procedures. In practice, it is common for these two entities to be different, especially in business environments, production and business activities, and professional creative fields.

According to Article 39 of the Intellectual Property Law, for works created under a task assigned by an organization or under a creative contract, the organization or individual assigning the task or signing the contract is the copyright owner, unless the parties agree otherwise. In this case, the individual directly creating the work is still recognized as the author, but the property rights belong to the entity that assigned the task or paid the creative fee. Furthermore, according to Article 45 of the Intellectual Property Law, the author or copyright owner has the right to transfer the property rights to the work to another organization or individual. After the transfer is legally completed, the transferee will become the copyright owner. When registering copyright, the Certificate may record the author as the individual creator, and the owner as the organization or individual receiving the transfer, along with documents proving the basis for establishing the right.

Therefore, when receiving a copyright registration application, the competent state agency will not consider whether the author and the owner are the same, but will focus on evaluating the legality of the basis for establishing ownership rights. As long as the application is complete, valid, and clearly shows the legal relationship between the author and the owner, having different names on the Certificate is entirely in accordance with the law.

Is copyright registration mandatory for a work?

According to Clause 1, Article 6 of the Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain tangible form, regardless of whether the work has been registered or not. This provision affirms that copyright registration is not a mandatory condition for a work to be protected by law.

However, in practical application of the law, copyright registration is of particular importance. According to Article 49 of the Intellectual Property Law, the Copyright Registration Certificate is legal evidence recording information about the author, owner, and the time of establishment of the right. In case of disputes, the Certificate significantly reduces the burden of proof for the rights holder, while also creating a clear advantage when requesting the competent authority to protect their legitimate rights and interests.

Therefore, although copyright registration is not legally mandated, carrying out this procedure is considered a proactive and necessary legal measure, especially for works with economic value, those that are commercially exploited, or those at risk of copyright infringement.

The above is the article “Is it mandatory for the author and copyright owner to be the same when registering copyright?” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

When registering a copyright, is it mandatory for the author and the copyright owner to be the same person?

No. The law allows the author and the copyright owner to be two different entities, as long as there is a valid legal basis for establishing ownership.

In the case where the author is not the copyright owner, how is copyright registration carried out?

The registration file will record the author as the creator of the work and record another organization or individual as the copyright owner, along with documents proving ownership.

Music copyright license

Written by Editor VCD on 8 January, 2026. Posted in Announcement, Copyright Registration, Musical work. No Comments on Music copyright license

In the process of exploiting and using music for communication, business, or entertainment purposes, a music copyright license is an important legal basis that helps individuals and organizations use the work legally. Lack of understanding or neglecting the licensing procedure can lead to the risk of copyright infringement and legal penalties. This article will provide detailed information about music copyright licenses.

What is a music copyright license?

A music copyright license is a legal document issued by the copyright owner or their legally authorized representative to another individual or organization, permitting the use of a musical work within the agreed scope, purpose, duration, and form.

According to Vietnam’s Intellectual Property Law, music is a copyrighted work, including: songs, instrumental music, arrangements, beats, sound and video recordings, etc. The use of these works for commercial exploitation or widespread distribution requires a legal music copyright license, except for certain exceptions as stipulated by law.

When is a music copyright license required?

Not all uses of music require a license; however, in practice, most music exploitation activities require a license, especially when there is a commercial element. Some common cases requiring a music copyright license include:

Using music on YouTube, TikTok, and Facebook

Adding music to publicly uploaded videos

Livestreaming with background music

Advertising videos, product and brand introductions

Without a license, videos may be subject to copyright claims/strikes, monetization may be disabled, or they may be removed from the platform.

Playing music at business locations

Cafes, restaurants, hotels

Spas, gyms, shopping malls

Cinemas, amusement parks

Even if only background music is played, business owners must still obtain a license and pay royalties as required.

Organizing events, performances, and art programs

Live music shows

Corporate events, opening ceremonies

Ticketed or sponsored performances

Using music in films, TV commercials, and advertisements

Television and online advertising

Corporate introductory videos

Short films, feature films, documentaries

Procedures for applying for music copyright licenses

In reality, the licensing process is not overly complicated, but it requires the applicant to correctly identify the type of rights to be applied for, the correct licensing authority, and provide complete information about the scope of music use. Below is the process for applying for a music copyright license, helping you easily understand and comply with current legal regulations.

Step 1: Identify the work and rights to be applied for

Song title, author

Form of use (online distribution, performance, advertising, etc.)

Scope, duration, and territory of use

Step 2: Contact the owner or representative

Submit a licensing request with detailed information about the purpose of exploiting the music.

Step 3: Agree on copyright fees

The fee for registering a music copyright license depends on the following factors:

Type of use

Duration of use

Scale of exploitation

Commercial nature

Step 4: Sign the contract and receive the license

After paying the fee, the user will be granted a legal music copyright license or a copyright licensing agreement.

Timeframe for issuing music copyright licenses

According to Clause 15, Article 1 of the 2022 Intellectual Property Law, the processing time for copyright and related rights registration applications is specifically stipulated as follows:

Within 15 working days from the date the competent state agency receives a complete and valid application, the applicant will be granted a certificate of copyright or related rights registration.

In case of refusal to issue the certificate, the competent agency is responsible for notifying the applicant in writing and clearly stating the reasons for not approving the certificate in accordance with the law.

Validity of music copyright licenses

The certificate of copyright or related rights registration is legally valid throughout the entire territory of Vietnam, without being limited by locality or place of issuance. This document is an important basis for confirming legal ownership of musical works and protecting the rights of authors and owners in case of disputes.

For certificates issued before the effective date of the amended and supplemented Intellectual Property Law, they continue to be recognized and retain their legal validity according to current regulations; no re-registration procedure is required.

The above article, “Music copyright license,” helps you understand the legal regulations related to the use and exploitation of musical works. Proactively obtaining a complete copyright license not only helps avoid the risk of penalties but also ensures your legal rights throughout the usage process.

Sincerely,

FAQ

1. Who has the authority to issue music copyright licenses?

Music copyright licenses are issued by the author, copyright owner, or collective rights management organizations such as the Vietnam Copyright Protection Center for Music (VCPMC) and other legally authorized entities.

2. Will I be penalized for not obtaining a music copyright license?

Yes. Using music without a legal license can result in administrative penalties, forced removal of infringing content, compensation for damages, and damage to the reputation of individuals or businesses.

In what cases can published works be copied without the author’s permission?

Written by Editor VCD on 8 January, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on In what cases can published works be copied without the author’s permission?

Not all acts of copying published works are considered copyright infringement. In certain cases, the law allows individuals and organizations to use a work without the author’s or copyright owner’s permission. This article will explain the cases in which published works can be copied without the author’s permission.

Cases in which published works can be copied without the author’s permission

According to Clause 7, Article 1 of the 2022 Intellectual Property Law, the law allows organizations and individuals to copy and use published works without the author’s or copyright owner’s permission in the following cases:

Individuals making a single copy for scientific research or educational purposes, provided it is not for commercial purposes.

Copying a reasonable portion of the work using copying devices for personal and non-commercial research and study.

Using the work appropriately to illustrate teaching activities, including lectures, publications, performances, audio and video recordings, or broadcasts for educational purposes.

Exploiting and using the work in the official activities of state agencies.

Making reasonable quotations from the work, without distorting the content, for the purpose of commentary, introduction, or illustration; using it in newspapers, periodicals, broadcasts, or documentaries.

Using the work in non-commercial library activities, including copying the work for storage and preservation; copies must be marked as archived and access must comply with the laws on libraries and archives.

Making reasonable copies of a portion of the work using copying devices for others for research and study. • Copying or transmitting works in interlibrary activities via computer networks, provided that the number of simultaneous users does not exceed the number of copies owned by the libraries.

Performing art forms such as theater, music, and dance in cultural activities or propaganda and promotional activities, not for commercial purposes.

Photographing, filming, and broadcasting works of fine art, architecture, photography, and applied art displayed in public places for the purpose of showcasing the works, not for commercial purposes.

Importing copies of other people’s works for personal use, not for commercial purposes.

Republishing lectures, speeches, and public presentations in newspapers, periodicals, broadcasts, or other media for the purpose of providing current information, except when the author has declared a copyright.

Recording, filming, photographing, and broadcasting events for news reporting, including the use of works seen or heard at those events.

In cases where visually impaired persons, persons unable to read print, or persons with disabilities cannot access the work in the usual way; caregivers, foster parents, or organizations meeting the legal requirements.

Note: The use of the work in the above cases must not affect the normal exploitation of the work, must not infringe upon the legal rights and interests of the author and copyright owner; and must clearly state the author’s name and the source of the work. However, the act of making a single copy for personal research or teaching, and copying works for library storage, does not apply to architectural works, sculptural works, and computer programs.

What are the penalties for intentionally copying a published work without the author’s permission?

The act of intentionally copying published works without the author’s or copyright owner’s permission will be subject to administrative penalties and, in some cases, may lead to criminal prosecution, depending on the nature and severity of the violation.

Administrative penalties for copyright infringement

According to Decree 28/2017/ND-CP, individuals who illegally copy copyrighted works may be subject to:

Fines ranging from VND 15,000,000 to VND 35,000,000.

Double fines for organizations, ranging from VND 30,000,000 to VND 70,000,000.

In addition to fines, violators may also be subject to remedial measures, including:

Being compelled to cease the copyright infringement.

Being compelled to remove or destroy the infringing copies.

Being compelled to compensate the author or copyright owner for damages as stipulated by civil law.

Criminal prosecution (if the violation is serious)

In cases where the illegal copying is carried out for commercial purposes, resulting in significant illicit gains or causing serious damage, the violator will face further penalties. They may be prosecuted under Article 225 of the Penal Code, with the following penalties:

Fines

Non-custodial correctional sentences

Imprisonment according to the corresponding penalty range

Note: Copying works is only exempt from permission in cases permitted by law (such as for research, teaching, news information, etc.). If it exceeds the permitted scope or has a commercial purpose, the act of copying is still considered copyright infringement.

The above is the article “In what cases can published works be copied without the author’s permission?”. Hopefully, it will help you understand the cases where the law allows the use of works without the author’s or copyright owner’s permission.

Sincerely,

FAQ

1. Can an individual copy a work for study or research without the author’s permission?

Yes. Individuals are allowed to copy one copy or reasonably copy a part of a work for the purpose of study or scientific research, provided it is not for commercial purposes and does not exceed the scope permitted by law.

2. When copying a work without the author’s permission, is it necessary to include the author’s name and the source of the work?

Yes. Even in cases where permission is not required, organizations and individuals using the work must still clearly state the author’s name and the source of the work, and must not distort the content or meaning of the original work.

Can a revoked copyright and related rights examiner’s license be reissued?

Written by Editor VCD on 5 January, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Can a revoked copyright and related rights examiner’s license be reissued?

Copyright and related rights examiner’s cards are important legal documents authorizing individuals to conduct examinations in the field of intellectual property. However, in some cases, the examiner’s card may be revoked by the competent authority. So, Can a revoked copyright and related rights examiner’s license be reissued? Let’s find out in the article below.

What is a copyright and related rights examiner’s card?

A copyright and related rights examiner’s card is a document issued by a competent state agency to an individual who meets the requirements, allowing that person to conduct professional examinations in the field of copyright and related rights.

Resolving copyright and related rights disputes

Handling intellectual property infringement

Litigation in courts and arbitration

Requests from state management agencies or relevant individuals and organizations

The expert’s card is not only a legal basis for professional activity but also reflects the prestige, professional competence, and legal responsibility of the cardholder.

In what cases is a copyright and related rights expert card revoked?

According to Clause 5, Article 98 of Decree 17/2023/ND-CP, the copyright and related rights expert’s card will be revoked by the competent authority in one of the following cases:

No longer meeting the professional requirements for expert assessment: If the cardholder no longer meets the standards and conditions of a copyright and related rights expert as stipulated in Article 93 of Decree 17/2023/ND-CP, the issued expert’s card will be revoked.

Committing illegal acts in expert assessment activities: If the expert commits illegal acts during the expert assessment process and the competent state agency recommends the revocation of the card, the expert’s card will also be subject to revocation.

Copyright and related rights expert cards issued improperly: In cases where there is evidence to determine that the issuance of expert cards does not comply with legal regulations, the competent authority will revoke the issued cards.

Furthermore, according to Clause 6, Article 98 of Decree 17/2023/ND-CP, the specialized state management agency on copyright and related rights under the Ministry of Culture, Sports and Tourism is responsible for compiling and publicly publishing the list of expert cards according to the decisions on issuance, re-issuance, or revocation of cards on the official website of this agency.

Can a revoked copyright and related rights examiner’s license be reissued?

This is a matter of concern for many expert cards and organizations. However, copyright and related rights expert cards can be reissued, but this does not apply to all cases.

Cases considered for card reissuance

An appraiser may be considered for card reissuance if:

The reason for revocation is not a serious violation

The individual has fully rectified any previously missing conditions

The individual meets all the standards and conditions stipulated by law at the time of the reissuance request

Example: The card was revoked due to no longer meeting the professional qualifications at a certain point in time, but the individual has subsequently supplemented the necessary qualifications, experience, or conditions.

Cases not considered for card reissuance

Conversely, an appraiser’s card will not be reissued if:

It was revoked due to fraudulent conduct or serious violations of professional ethics

Intentionally falsifying appraisal conclusions causing serious consequences

Using the card for illegal purposes

In these cases, not reissuing the card is a measure to protect the transparency and reliability of appraisal activities.

Procedure for reissuing a card

When eligible, individuals wishing to have their card reissued must follow the prescribed procedures, including:

Application for card reissuance

Documents proving that the cause of revocation has been rectified

Documents proving that all requirements for becoming a copyright and related rights expert have been met

The competent authority will review the application and decide on the reissuance of the card based on legal and practical considerations.

The above article, “Can a revoked copyright and related rights expert card be reissued?”, VCD hopes you understand the cases of revocation and the possibility of reissuance according to legal regulations. Card reissuance depends on the cause of revocation and the fulfillment of all required conditions; therefore, experts must strictly adhere to legal regulations during their professional practice.

Sincerely,

FAQ

1. Which agency has the authority to decide on the re-issuance of copyright and related rights expert cards?

The specialized agency for state management of copyright and related rights under the Ministry of Culture, Sports and Tourism is the competent unit to consider and decide on the re-issuance of expert cards in accordance with the law.

2. What documents are needed when applying for a re-issuance of a copyright and related rights expert card?

The applicant must submit the required documents, including a written request for re-issuance and documents proving that the cause of revocation has been rectified, and that all conditions of a copyright and related rights expert are met at the time of application.

Are architectural design drawings protected by copyright?

Written by Editor VCD on 5 January, 2026. Posted in Announcement, Architectural work, Copyright Registration. No Comments on Are architectural design drawings protected by copyright?

Architectural design drawings not only serve as technical documents for construction but also represent the intellectual creations of architects and design firms. So, are architectural design drawings protected by copyright, and what does Vietnamese law stipulate regarding this? This article will help you answer this question and highlight important points to note.

What are architectural design drawings?

Architectural design drawings are a collection of drawings that express the ideas, spatial solutions, forms, structures, functions, and aesthetics of a construction project. They are creative products formed during the intellectual work of architects or design consulting firms.

Essentially, architectural design drawings can include:

Overall site plan, floor plans

Building elevations, cross-sections

Perspective drawings, 3D simulations

Basic design documents, technical design documents, construction drawings

Each drawing not only shows technical specifications but also reflects the unique creative imprint of the designer. This creative element is the basis for considering copyright protection for architectural design drawings.

Are architectural design drawings protected by copyright?

According to Vietnam’s Intellectual Property Law, copyright is protected for works created directly by individuals or organizations through intellectual labor and expressed in a certain physical form, regardless of the purpose of use, value, or form of expression of the work. This principle applies generally to all creative fields, including architecture and construction. Specifically, Article 14 of the 2022 Intellectual Property Law clearly stipulates the types of works protected by copyright, including: “Architectural works; drawings, diagrams, maps, designs related to architecture and construction…”.

Architectural design drawings are identified as a form of architectural work and technical graphic work, and therefore fall within the scope of copyright protection. Copyright automatically arises as soon as the drawing is completed and presented in a specific form such as a paper drawing, technical design file, CAD drawing, 3D model, or electronic design document, regardless of registration or publication.

Thus, architectural design drawings are fully protected by copyright under Vietnamese law, and correctly understanding and applying this regulation will help individuals and organizations in the architecture and construction field proactively protect their legitimate rights, minimize the risk of disputes, and enhance the legal value of design documents.

Scope of copyright protection for architectural design drawings

When protected by copyright, architectural design drawings are not only legally recognized but also comprehensively protected in terms of both personal and property rights. This is an important basis for authors and copyright owners to control the use, exploitation, and protection of the creative value of the drawings in practice.

The author’s personal rights

Personal rights are those rights directly associated with the individual author – the person who directly created the design drawing. According to the law, the author of architectural design drawings has the following personal rights:

To name the work

To use their real name or pseudonym on the drawing

To publish or allow others to publish the work

To protect the integrity of the drawing, preventing others from modifying, cutting, or distorting the design content

Note: Except for the right to publish, the above-mentioned personal rights are protected indefinitely by law, even after the protection period of the property rights has expired.

Property rights over design drawings

Besides personal rights, property rights are a group of rights associated with the economic exploitation potential of design drawings. The copyright holder of architectural design drawings (who may be the author or an organization/individual to whom the rights have been transferred) has the following rights:

Copying the drawings

Distributing, transferring, and leasing the drawings

Permitting the use of the drawings for construction

Commercially exploiting the design drawings

Note: The protection period for property rights in architectural works lasts for the author’s lifetime and 50 years after the author’s death.

The above article answers the question “Are architectural design drawings protected by copyright?”. Hopefully, this information will help individuals and organizations minimize the risk of disputes and effectively protect the creative value in architectural and construction activities.

Sincerely,

FAQ

1. What rights are included in copyright for architectural design drawings?

Copyright includes the author’s moral rights (such as naming, having one’s name on the drawing, and protecting the integrity of the work) and the owner’s property rights (such as copying, using, transferring, and commercially exploiting the drawing).

2. What are the benefits of registering copyright for architectural design drawings?

Registering copyright helps create clear legal evidence in case of disputes, easily proves ownership, limits unauthorized copying, and enhances the legal value of the design documents.

Is it possible to register copyright in the name of the legal representative?

Written by Editor VCD on 1 January, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Is it possible to register copyright in the name of the legal representative?

In business practice, the legal representative is usually the person directly managing, operating, and participating in the creation of many intellectual products such as logos, internal documents, advertising publications, software, or training content. When registering copyright for these works, many businesses wonder whether it is possible to register copyright in the name of the legal representative, or if it must be in the name of the company. Identifying the correct registrant not only affects the legal validity of the Certificate but also plays a crucial role in managing and exploiting the company’s intellectual property.

What is copyright registration?

According to Clause 1, Article 6 of the 2005 Intellectual Property Law (amended and supplemented in 2022), copyright arises from the moment a work is created and expressed in a certain tangible form, regardless of whether or not it is registered. Therefore, copyright registration is not a condition for the creation of copyright.

However, according to Articles 49 and 53 of the Intellectual Property Law, copyright registration is an administrative procedure carried out by the Copyright Office to record information about the work, the author, and the copyright owner. The copyright registration certificate is the initial legal evidence to determine the status of the rights holder and the time of establishment of the rights, and is especially important in cases of disputes, complaints, or handling of copyright infringement.

Therefore, although not mandatory, copyright registration is considered a necessary legal measure to protect the legitimate rights and interests of authors and copyright owners, especially in the business environment.

Is it possible to register copyright in the name of the legal representative?

According to the Intellectual Property Law, the person named on the Copyright Registration Certificate must be the actual author and/or copyright owner of the work. The law does not recognize registration based solely on title or management position, including the legal representative of a business.

Based on Article 13 of the Intellectual Property Law, an author is an individual who directly creates a work through their intellectual labor. Therefore, if the legal representative directly creates the work and there is no agreement to transfer the rights to the business, then this person is recognized as the author and may simultaneously be the copyright owner. In this case, registering the copyright in the name of the legal representative is in accordance with the law, but in their personal capacity, not as a business representative.

Conversely, according to Article 39 of the Intellectual Property Law, for works created as part of a task assigned by an organization or under an employment contract, the organization is the owner of the property rights to the work, unless the parties agree otherwise. In this case, even if the legal representative directly participated in the creation, the Copyright Registration Certificate must still recognize the business as the copyright owner, while the individual is only recognized as the author. Registering the copyright in the name of the legal representative instead of the business is inconsistent with the legal nature of the right.

Furthermore, according to Articles 45 and 46 of the Intellectual Property Law, the author or copyright owner has the right to transfer the property rights to the work to other organizations or individuals through a contract. If the original legal representative was the copyright owner but has transferred the rights to a business, then after the transfer takes effect, the business becomes the copyright owner and the entity named on the Certificate of Copyright Registration. In this case, continuing to register under the legal representative’s name would not accurately reflect the legal status of the rights.

In short, a legal representative can only register a copyright if they are actually the author or copyright owner, not simply because they represent the business.

The Role of Copyright Registration for Businesses

For businesses, copyright registration is a crucial legal tool for establishing and managing intellectual property. A copyright registration certificate helps businesses prove their legal ownership of works they have invested in, commissioned, or acquired through transfer, thereby creating a solid foundation for commercial exploitation, licensing, transfer, or capital contribution using copyright.

In addition, in case of disputes, a copyright registration certificate reduces the burden of proof for businesses, making it easier to request competent authorities to handle infringement through civil, administrative, or criminal measures. Registering under the correct name, avoiding registration under an incorrect capacity, also helps businesses limit the risk of internal disputes, especially disputes between individual creators and businesses regarding copyright ownership.

Therefore, accurately identifying who is the registered copyright holder is not only a legal requirement but also a key element in a business’s strategy for protecting and exploiting intellectual property.

The above is the article “Is it possible to register copyright in the name of the legal representative?” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

Can the copyright certificate bear the name of the legal representative instead of the business name?

No, except in cases where the legal representative is the copyright owner; if the rights belong to the business, the business name must be included.

In the case where the legal representative is the author, does the business need to indicate any role on the certificate?

Only when there is an agreement to transfer rights can the business be recognized as the owner; Otherwise, the business does not automatically have rights to the work.