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Author: Editor VCD

Mascot Copyright Registration Guide

Mascot is not only a brand symbol but also a valuable intellectual property. Registering a mascot copyright not only protects ownership but also enhances brand value, creates competitive advantages and minimizes legal risks. In the article below, VCD will guide you on how to register a mascot copyright simply and accurately.

What is a mascot?

A mascot is an image or character that represents a brand, company, organization, or event. Mascots often have a recognizable shape, evoke positive emotions, and help create closeness with customers.

Mascots can be:

  • Cartoon characters: Like Pikachu from Pokémon, or represent a company.
  • Iconic animals: Like the WWF Panda or the Cadbury rabbit.
  • Fictional characters or superheroes: Created specifically to represent brand values.

The special feature of mascots is their ability to convey brand messages vividly and memorable, helping to increase brand recognition, create a difference in the market and promote effective marketing strategies.

Why is it necessary to register a mascot copyright?

Mascot is an important intellectual property of a business. Registering a mascot copyright brings many practical benefits:

2.1. Protecting intellectual property rights

Once a mascot has been copyrighted, you officially own the personal and property rights to that mascot. This means you have the right to: Control unauthorized copying or use of the mascot. Prevent competitors from using identical or confusingly similar mascots.

According to the Vietnamese Intellectual Property Law 2022, copyright is protected even if it is not registered, but the copyright registration certificate will be strong legal evidence in the event of a dispute.

2.2. Enhance brand value

A protected mascot will become a commercial asset. You can license the mascot for products, events, and advertisements. Feel free to use the mascot in marketing campaigns without worrying about being copied.

2.3. Minimize legal risks

If the mascot is not copyrighted, the business is at risk of being copied by a third party or having ownership disputes and losing time and money in litigation to protect the mascot. Copyright registration helps businesses avoid unnecessary legal risks.

Mascot Copyright Registration Guide.

3. Detailed instructions for mascot copyright registration

Mascot copyright registration in Vietnam is carried out according to the procedures of the Copyright Office (under the Ministry of Culture, Sports and Tourism). Below are the detailed steps:

3.1. Step 1 (Prepare documents)

A mascot copyright registration dossier must include:

  • Copyright registration application (According to the form provided by the Copyright Office).
  • Documents showing mascot: Images, illustrations, mascot drawings (Printed or electronic files). Detailed description of mascot: mascot name, identifying features, design ideas.
  • Documents proving the identity of the author: ID card/CCCD or business license (If the business is the owner).
  • Documents transferring rights (If another author is the creator of the mascot).

3.2. Step 2 (Submit application)

Applications can be submitted directly to the Copyright Office or sent by post. The current fee for registering a mascot copyright is about 50,000 – 100,000 VND, depending on the form of submission and scope of protection.

3.3. Step 3 (Copyright Office review)

The Office will check the legality, uniqueness, and completeness of the application. During the review process, additional information may be requested if the application is unclear. The appraisal time is usually from 15 to 30 working days.

3.4. Step 4 (Receive the Certificate of Copyright Registration)

If the application is valid, the Department will issue a Certificate of Copyright Registration for Mascot, confirming that you are the legal owner. The certificate has high legal value in protecting mascots, participating in business or copyright disputes.

Things to note when registering a mascot copyright

Here are some notes when registering a mascot copyright that not everyone knows:

  • Mascot must be an independent creation: The copyrighted mascot must be created by you or the design team. Do not register a mascot copied from a character, image, or mascot of a third party, otherwise it will be rejected.
  • The application must be complete and accurate: All information in the application must be accurate, including the mascot name, description, author, and proof of ownership. Mascot images should be saved in high quality, clear, and fully represent the identifying features.
  • Copyright exists automatically, but certification is important: By law, copyright arises as soon as the mascot is created, but certification will help you protect your rights in court or in the event of a dispute.
  • Update information when the mascot changes: If the mascot is edited, with additional shapes, colors, or ideas, you should re-register to protect the new version.
  • Archive records and documents: Archive all records, originals, and mascot copyright certificates carefully. This will be important evidence if a legal dispute arises or a third party copies the mascot.

Above are the most detailed and accurate instructions for registering a mascot copyright that VCD shares with you. Start registering a mascot copyright today to ensure that your character is always unique and protected by law.

Sincerely,

1. Is a mascot eligible for copyright registration under Vietnamese law?

Yes. Mascots (cartoon characters, iconic characters) are considered works of applied art under the Intellectual Property Law. As long as the mascot is created by you, not copied from another work and expressed in material form (design files, drawings, 3D …), it is fully eligible for copyright registration.

2. How long does it take to process and protect a mascot copyright?

Time to issue a certificate: About 12-15 working days from the date of submission of a valid application.
Protection validity:
Personal rights: protected forever.
Property rights (rights to copy, distribute, commercially exploit…): protected for the lifetime of the author and 50 years after the author’s death (according to the Law on Intellectual Property).

Are unregistered works protected in the event of a dispute?

In the process of creating and exploiting a work, authors or businesses do not always complete the copyright registration procedure in time before bringing the work to market. Many intellectual products are widely shared, commercially exploited or publicly announced but do not yet have a Copyright Registration Certificate. This makes many people wonder: if a dispute arises, will unregistered works be protected by law? This is a familiar but easily misunderstood issue, especially when many people think that “if not registered, there is no protection”. The following “Are unregistered works protected in the event of a dispute?” VCD article will help you understand better.

What are unregistered works?

Unregistered works are works for which the author or owner has not submitted an application for registration to the Copyright Office and therefore has not been granted a Copyright Registration Certificate. Even if the work is not registered, if it has been created and expressed in a certain material form such as a handwritten manuscript, recording, design, music, image or electronic file, it is still considered a work according to the provisions of law.

Pursuant to Clause 1, Article 6 of the 2005 Law on Intellectual Property (amended and supplemented in 2022), copyright arises automatically from the moment the work is “expressed in a certain material form”, regardless of the registration procedure. Thus, not registering copyright does not cause the work to lose protection under Vietnamese law.

Thus, “not registered” does not mean “not protected”. The important thing is that the work must exist in a form that can be proven and have the author’s independent creative mark.

Are unregistered works protected in the event of a dispute?

Conditions for a work to be protected

A work, even if it has not been registered, is still protected if it meets the conditions under Articles 14 and 15 of the Law on Intellectual Property. First of all, the work must be directly created by the author, not copied from another person’s work. The work must also be expressed in a specific form, meaning it can be recognized, copied or stored by some means; pure ideas that have not been expressed are not protected.

In addition, the work must belong to the group of objects protected by law such as literary, musical, artistic, photographic, architectural, applied fine arts, computer programs, etc. At the same time, the work must not fall into the exclusion cases under Article 15, such as pure news or legal documents. Only when these conditions are met, will the work be considered to have protection value, even if it has not been registered.

Are unregistered works protected in the event of a dispute?

When a dispute arises, unregistered works are still fully protected by law under Article 198 of the IP Law, including the right to request the termination of the infringement, the right to request compensation for damages, and the right to request the State agency to handle the violation. However, the biggest difference compared to registered works lies in the burden of proof.

Due to the lack of a Copyright Registration Certificate – which is considered legal evidence under Article 49 of the IP Law, the author must provide the basis to prove the copyright and the time of creation. Evidence may include the original manuscript, original design file, editing history, email exchanges, audio recordings, sketches or digital evidence proving the time of creation. The assessment of evidence is within the jurisdiction of the Court under Articles 95 and 96 of the 2015 Civil Procedure Code.

In practice, when both parties to a dispute claim to be the author, the party that can prove the time of creation of the work earlier will have an advantage. In cases where one party has registered first, they will have a great advantage because the Certificate is considered strong evidence confirming ownership. In that case, the unregistered party must make an effort to prove that they created first or prove that the other party’s registration is dishonest—this is often very difficult.

Therefore, unregistered copyright works are still protected when a dispute arises, as long as they meet the protection conditions under the Law on Intellectual Property. However, not registering makes the process of proving rights more complicated, potentially risky and can be disadvantageous to the author or owner when a dispute occurs. Therefore, copyright registration procedures are still a measure to minimize legal risks, create a solid basis for establishing rights and ensure the ability to protect rights quickly and effectively.

Above is the article “Are unregistered works protected in the event of a dispute?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Are unregistered copyright works protected by law in the event of a dispute?

Yes. According to Article 6 of the 2005 Intellectual Property Law (amended in 2022), copyright arises automatically as soon as the work is expressed in a certain material form, regardless of registration or publication. Therefore, in the event of a dispute, unregistered works are still fully protected by law, as long as the author or owner can prove the creative process and the time of creation of the work.

When copyright is not registered, what should the author do to protect his/her rights in the dispute?

In the absence of a Certificate, the author must prove ownership of the work. Evidence may include: original manuscript, design file or audio recording, metadata, email exchanges, witnesses or other relevant documents. According to Article 198 of the Law on Intellectual Property, this proof is mandatory and helps the Court determine the author’s rights, although the absence of a certificate will make the process of protecting rights more difficult and take more time.

How to know if an image is copyrighted?

In the era of digital content explosion, images are used everywhere: websites, social networks, TVCs, packaging, advertising posters… However, many businesses and individuals still unintentionally violate image copyright just because they do not know whether the image is copyrighted or not. So how to check accurately and avoid legal risks? This article will help you understand image copyright and how to check quickly – accurately – safely.

What is a copyrighted image?

Any image created by an individual or organization (photograph, illustration, design, cartoon character…) is by default protected by copyright under the Vietnamese Intellectual Property Law and the international Berne Convention.

That means:

  • The person who creates the image (author) owns the copyright.
  • No one has the right to copy, edit, or use it for commercial purposes without permission.
  • Images on Google, Pinterest, Facebook… are not free images, unless clearly stated.

This is why “downloading images from the internet and then using them” often leads to copyright infringement, even if the user does not intend to.

Why is it necessary to check for copyrighted images?

Checking image copyright is not just a step to “follow the right procedure”, but a measure to protect businesses from many legal risks and serious financial losses.

  • Avoid administrative penalties: According to Decree 17/2023/ND-CP, the fine for using uncopyrighted images can be up to 10-30 million VND, not to mention additional measures.
  • Not being asked to remove posts, delete videos or destroy publications: An infringing image used on a website, fanpage, flyer or packaging can force you to withdraw or edit all related content, directly affecting your marketing plan.
  • Limit the risk of civil lawsuits: If the use of unauthorized images causes damage to the owner, the business may have to pay a large amount of compensation depending on the level of violation, disrupting business operations.
  • Maintain reputation and professionalism: In the field of marketing, packaging design or brand communication, using legally copyrighted images shows respect for intellectual property and enhances the business image in the eyes of customers.
  • Avoid big losses from just a small mistake: Many brands have had to pay hundreds of millions, even billions of dong just because of mistakenly using an image on the internet without verifying the origin.

In short, checking image copyright is a small step but brings great value, helping to protect the business in terms of law, cost and brand reputation. If you need, I can write more practical examples or instructions on how to check image copyright correctly.

How to know if an image is copyrighted?

Ways to check if an image is copyrighted

Here are ways to check if an image is copyrighted or not, from basic to advanced.

3.1. Check the origin of the image

If the image comes from the following sources, the possibility of copyright is very high:

  • Big brand website (Disney, Marvel, Netflix, Nike…)
  • Professional photography site (Getty Images, Shutterstock…)
  • Personal portfolio site (Behance, ArtStation…)
  • Photographer’s photo with watermark
  • Illustration with author’s signature or logo

Important principle: Photos with high quality, professional style, or images of famous characters are almost certainly copyrighted.

3.2. Reverse Image Search (Google Reverse Image Search)

The most common way to check if an image is copyrighted:

  • Go to Google Images, click the camera icon
  • Upload the image or paste the URL
  • Google will display the websites that have used the image

If the image appears on: Shutterstock, Adobe Stock, Getty Images, Pinterest with the author’s source, then this is a copyrighted image.

If the image appears on many meme sharing sites, personal blogs, the possibility of the image’s copyright is unclear, need to check further.

3.3. Check the license from the image upload site

Many sites that provide images come with a license to use:

  • CC0 (Creative Commons Zero): free to use for all purposes.
  • CC BY: free to use but must cite the source.
  • Commercial License: must pay to use for commercial purposes.

Some free, safe sites you can refer to: Pixabay, Pexels, Unsplash… However, these sites still have risks if users upload copyrighted images, so be careful.

3.4. Check watermark, logo or author signature

If the image has: Watermark, author logo, artist signature, © symbol, then 100% of the image is copyrighted. You are not allowed to remove the watermark and then use it, this is a serious violation.

  • Check image metadata (EXIF)

Some photos store information such as: Author, camera type, date taken, location taken. Although not always available, EXIF ​​is a data that helps identify the origin of the photo.

3.6. Check on large photo repositories

You can find photos on Shutterstock, Adobe Stock, Getty Images, iStock… If the photo appears on these repositories, it is definitely a paid photo and has commercial copyright.

Above is the answer to the question How to know if an image is copyrighted that VCD shares with you. Maintaining the habit of checking copyright before using any image will help you avoid unnecessary risks and protect your brand reputation in a sustainable way.

Sincerely,

1. Is using images on Google considered copyright infringement and when is it allowed to use?

Images on Google do not mean copyright-free. Google only acts as a search engine, and the image is still owned by the author.
You are only allowed to use the image when:
The image is labeled “permitted to reuse” (Creative Commons).
The image is in a free photo library and clearly states the right to use.
You have asked permission from the owner or purchased the copyright.
If you use it without checking, you may be asked to remove the post or be fined according to Decree 17/2023/ND-CP.

2. How to check image copyright to ensure that it does not violate the law?

You can check image copyright by:
Finding the source of the image (original website, author, accompanying license).
Using reverse image search tools such as Google Lens, TinEye to see if the image belongs to any individual/organization.
Check the license information (License) if the image is taken from a photo library such as Shutterstock, Freepik, Pixabay…
If unsure, contact the owner directly to ask for permission to use.

Are character names protected by copyright?

Character names in comics, movies, games or brand mascots are not only identification factors but also valuable intellectual property. Therefore, many people wonder: Are character names protected by copyright? The following article VCD will help you understand fully and accurately to avoid legal risks, and know how to exploit characters according to regulations.

Are character names protected by copyright?

According to the 2022 Intellectual Property Law, character names can be completely protected by copyright, but not all character names are automatically protected.

When are character names protected?

The character name is considered part of the work (literary work, comic book, film, script, etc.) and is protected when it meets two factors:

  • Factor 1 – Creativity: The character name must be unique, non-repetitive, and not a common descriptive word. For example: “Doraemon”, “Sun Wukong”, “Harry Potter” → protected. “Boy”, “Princess”, “Hero” → not protected.
  • Factor 2 – Associated with a specific work: The character name must be associated with a specific work. The work, including the character and visual elements, is protected from the moment it is formed in a certain material form (Article 6 of the Intellectual Property Law 2022). This means that the character name must appear in a complete work, not a sketchy idea.

Cases where character names are not protected

Some cases where character names are not eligible for protection:

  • Names that are too simple or common (“Black Cat”, “Little Girl”)
  • Names that describe characteristics (“Dwarf”, “Long-legged Girl”)
  • Names that are similar to many previously existing characters
  • Names that are just ideas that have not appeared in the work
Are character names protected by copyright?

Why do character names need to be protected?

A character name is an important part of a work and is also a valuable intellectual property. Protection helps:

  • Prevent unauthorized copying: When a character is famous, their name can easily be used to write stories, print on products, advertise or do business without permission. Protection helps the owner easily handle violations.
  • Protect the author’s creative value: Character names express ideas, personality and unique creative imprints. Protection helps ensure copyright and prevent others from appropriating creative efforts.
  • Avoid legal disputes: When a character name is registered, the owner has a clear legal basis to prove his rights when a conflict occurs.
  • Effective commercial exploitation: Exclusive character names can be used for licensing, copyright sales, merchandise production or brand collaboration, bringing in large revenues.
  • Create competitive advantages: Especially with brand mascots, protecting character names helps businesses build their own identity and avoid being copied in the market.

Penalties for infringement of character name copyright

According to Decree 17/2023/ND-CP, the penalties for infringement of character copyright, including character names:

Administrative fines:

  • From 10 – 30 million VND for illegal copying and use
  • From 30 – 70 million VND for using character names for business and sales

Required:

  • Recall infringing goods
  • Remove infringing content on websites and social networks
  • Compensate for civil damages according to Articles 204 – 205 of the Intellectual Property Law 2022 (Up to 500 million VND depending on the level of damage)

Important notes when using famous character names

If you use someone else’s character name (Doraemon, Shin, Elsa, Songoku …), you should avoid the following violations:

  • Use the character name to print on Business products: Products such as T-shirts, cups, backpacks, toys, notebooks, gifts, etc., if printed with the name of a famous character without permission, are considered an act of copyright or trademark infringement. Even if you do not use the image, just printing the character name can still be punished if the name is protected.
  • Using the character name on the packaging for advertising: Many small businesses often write: “Doraemon Cake”, “Shin Milk”, “High-class Elsa Shirt”. These are all violations because they create a misunderstanding that the product is related to the character owner. Using the character name to advertise a product without the right to exploit it is prohibited by law.
  • Using character names in videos, books, stories for profit: Including books, stories, derivative movies, YouTube videos, TikTok videos for money, games or mobile applications, advertising content, TVCs… If you use character names to create content for commercial purposes, you need to have a license to exploit from the owner.
  • Creating a sales fanpage using character names: Using character names for business purposes can easily cause confusion about the origin of the brand and is considered an infringement of intellectual property rights.

Above is the article Are character names protected by copyright? Hopefully you will better understand the legal regulations and use character names properly, thereby avoiding copyright violations, protecting your intellectual property and exploiting characters safely and legally.

Sincerely,

1. Can I use the name of a famous character for business purposes?

No. You are not allowed to use the name of a famous character (Doraemon, Elsa, Pikachu, etc.) to print on products, name a shop, run ads, or create content to make money without the owner’s permission. This behavior can be fined from 10 to 70 million VND according to Decree 17/2023/ND-CP.

2. How to protect the name of a character you created?

You can protect it in two ways:
Register copyright for works containing characters at the Copyright Office.
Register a trademark for the name of a character at the Intellectual Property Office if used for business purposes. Registration helps you prove ownership and handle violations more easily.

Does packaging with famous cartoon characters violate copyright?

Using famous cartoon characters to print on product packaging is an extremely effective way to attract customers, especially for children’s products. However, this comes with great legal risks because it is directly related to copyright. So, does packaging containing famous cartoon characters violate copyright? Let’s find out with VCD in the following “Does packaging with famous cartoon characters violate copyright?” article!

What are famous cartoon characters?

Famous cartoon characters are creative works protected by copyright. They can appear in:

  • Animated films, TV series.
  • Comics or manga.
  • Other entertainment products such as games, picture books, advertisements.

For example: Mickey Mouse, Doraemon, Pikachu, Minions… These are all intellectual properties registered for copyright by individuals, companies or studios that own the characters.

According to the 2022 Law on Intellectual Property of Vietnam, cartoon characters are considered to be works of applied art or literary and artistic works, and are protected by copyright.

Does packaging with famous cartoon characters violate copyright?

Is packaging with famous cartoon characters a copyright infringement?

Putting famous cartoon characters on packaging is not always considered a copyright infringement. However, depending on how it is used, businesses can be completely legal or face serious legal consequences. Therefore, it is extremely important to understand the regulations and scope of permitted use before putting famous characters on product packaging.

When is it a violation?

Businesses will be considered to have violated copyright if they use images of famous cartoon characters on packaging in the following cases, even if they are unintentional or do not understand the law:

  • Not asking for permission from the copyright owner.
  • Not signing a license contract to use the character.
  • Arbitrarily downloading images from the internet and printing them on packaging.
  • Using characters for commercial purposes such as: selling, advertising, distributing products.
  • Copying characters and then “slightly changing” them but still causing confusion with the original.

According to the 2022 Intellectual Property Law, the owner of a cartoon character has the following full rights:

  • The right to decide who can use the image, for what purpose, for how long, and whether or not to pay a fee.
  • The right to request compensation for damages if there is an infringement of copyright or related rights.
  • The right to request the recall or destruction of all packaging, publications, and products that infringe, directly affecting the business activities of the enterprise.

This means that if you print Doraemon, Minions, Hello Kitty, Marvel, Disney or any other famous character on the packaging without a licensing agreement, you are definitely infringing copyright, which can result in fines, forced destruction of goods or compensation for damages.

When is it not an infringement?

You are not infringing copyright when using a famous cartoon character printed on the packaging if it falls into one of the following cases:

  • Having a licensing agreement from the character owner.
  • Using images licensed commercially from legal copyright libraries.
  • Creating a completely new character of the business.
  • Using the character for non-commercial purposes (education, news, etc.) within the scope of fair use but still not applicable to sales packaging.

Product packaging directly affects the business’s commerce. Therefore, 99% of cases of using famous cartoon characters on packaging without permission are copyright infringement, which can easily lead to complaints, fines or forced product recalls.

How to use famous characters on packaging legally

To avoid infringement and still take advantage of the appeal of cartoon characters, businesses can apply the following legal options:

  • Apply for copyright license: This is the safest and most legal way. Contact the character owner directly to negotiate a license to use. Sign a license contract, clearly stating the scope of use, time, location and copyright fee.
  • Create your own character (most recommended): Instead of using famous characters, businesses can design their own exclusive mascot, then register the copyright for that character and can use it freely on packaging, advertising, and fanpage.
  • Buy images from commercial copyright sources: If you want cartoon-style images that are not associated with famous characters, you can use images from: Freepik Premium, Shutterstock, Adobe Stock, Envato Elements… These sources provide copyrighted illustrations, with commercial use rights, suitable for packaging printing as long as they do not use famous characters.
  • Absolutely do not use: Photos downloaded from Google; photos taken from fanpages, cartoons, comics; self-edited photos from famous characters; AI-created photos based on famous characters (still in violation if they cause confusion with the original).

The above analysis helps you understand whether packaging with famous cartoon characters violates copyright or not. We hope you will consider carefully before applying to ensure the brand operates safely, avoiding any unwanted legal risks.

Sincerely,

FAQ

1. If an image is accidentally taken from the internet and printed on packaging, will the business be fined?

Yes. Even if the image is downloaded for free from the internet, social networks or sharing sites, if the image is copyrighted by a famous character, the business is still in violation when using it for commercial purposes. The consequences may include administrative fines, forced destruction of infringing product packaging and compensation for damages to the copyright owner.

2. Why is printing famous cartoon characters on packaging often considered copyright infringement?

Because most famous cartoon characters are protected by copyright. Packaging is a document for commercial purposes, so using the character’s image without the owner’s permission will violate property rights under the Intellectual Property Law 2022. Only when there is an official licensing contract, will the business have the right to use it.

When there is a dispute, how is the legal value of the Copyright Registration Certificate reflected?

When a dispute arises over copyright, determining who is the legal owner of the work is often the core and most difficult issue. In that context, the Copyright Registration Certificate is considered one of the important legal bases to help strengthen the argument and prove the rights of the author and owner. To understand the legal value of the Certificate, the following article of VCD will help you.

What is a Copyright Registration Certificate?

Copyright is the right of an organization or individual to a work they create or own.

A Copyright Registration Certificate is a document issued by the Copyright Office to officially record the rights of an individual or organization to a work. The document fully shows information such as the name of the work, type of work, author, owner and the time of issuance of the certificate. Although copyright arises automatically when a work is created, the Certificate still acts as a clear legal establishment, helping the owner easily prove the rights when it is necessary to protect or exploit the value of the work.

When there is a dispute, how is the legal value of the Copyright Registration Certificate reflected?

When there is a dispute, how is the legal value of the Copyright Registration Certificate reflected?

The Certificate is implicit evidence in determining the author and owner.

The first and most important legal value of the Copyright Certificate is that it is considered prima facie evidence of the author, owner and the time of establishing the rights. In case of a dispute, the prosecuting agencies will automatically consider the information recorded in the Certificate to be correct, unless there is convincing evidence to the contrary. This significantly reduces the burden of proof for the right holder, because they do not have to collect or provide much evidence of the creative process or preserve the original manuscript; simply presenting the Certificate can establish a strong enough legal basis to protect rights.

The Certificate shifts the burden of proof to the disputing party.

As an implicit evidence, the Certificate has an important legal consequence: the burden of proof is shifted to the party accused of infringing or denying the right. If an individual or organization is accused of copying or using a work without permission, they are forced to present evidence against the legality of the Certificate, for example, proving that they created it first or that the certificate was issued incorrectly. Meanwhile, the owner does not need to prove his/her rights from the beginning. This mechanism of shifting the burden of proof helps the dispute resolution process to be quick, effective and minimizes risks for the right holder.

The Certificate is the basis for applying measures to protect rights and commercial exploitation.

The Certificate is also an important legal basis for competent authorities to apply measures to protect copyright. In cases of infringement, presenting the Certificate helps the Inspector, Police or Court have sufficient grounds to decide to suspend the infringement, seize infringing goods or request compensation for damages according to the law. In addition, the Certificate also plays an important role in commercial activities, because transactions of transferring, licensing or valuing intellectual property always require evidence to confirm rights. Thanks to the Certificate, the owner can easily demonstrate legal status, thereby creating convenience in signing contracts, investment cooperation or exploiting the economic value of the work.

Why should you register copyright to be granted a Certificate?

Although the law does not require registration to generate copyright, registration and being granted a Certificate are necessary in terms of protecting and exploiting rights. In practice, many disputes arise due to the difficulty in determining who is the copyright owner, the time of creation or the scope of use of the work. The certificate, with its legal value recognized by the State, helps the owner proactively protect the rights from the beginning, limiting the risk of copying or appropriating the work.

At the same time, it also creates an important legal foundation for commercial exploitation transactions such as transfer, licensing, valuation or capital mobilization. For works of high economic value such as logos, software, creative designs, advertising materials or works of art, copyright registration is almost the optimal solution to protect the long-term interests of individuals and businesses.

Above is the article “When there is a dispute, how is the legal value of the Copyright Registration Certificate reflected?” that VCD sent to you. We hope this article is useful to you.

1. When a dispute arises, what is the legal value of a Copyright Registration Certificate?

A Copyright Registration Certificate is considered evidence establishing ownership of a work, showing that the State has recognized the author or owner as the information on the paper. In the process of resolving a dispute, the certificate helps create an advantage of proof, is considered the initial legal basis to determine rights, thereby forcing the other disputing party to provide stronger evidence if they want to refute.

2. Does a Copyright Certificate guarantee a win or end of the dispute immediately?

A certificate is not a factor that “naturally wins the lawsuit”, but it is the strongest evidence and has legal presumption value regarding copyright. Thanks to that, the dispute resolution agency often prioritizes reviewing the information on the certificate, helping to shorten the processing time and increase the ability to protect the rights of the author and owner.

Instructions for registering copyright for product images

In the current digital age, product images are not only a means of promotion but also an important intellectual property. Registering copyright for product images helps businesses and individuals protect their rights and avoid being copied or used illegally. The following article will provide detailed instructions on how to register copyright for product images, the process, conditions, as well as important notes.

What is a product image?

According to the Intellectual Property Law 2022, copyrighted works include photographic works, applied fine arts works, and other types of creative images. Product images are understood as photographs or designs that represent your product, including:

  • Photos of actual products (physical products).
  • Photos of simulated, 3D or illustrative graphics.
  • Advertising photos, posters, and banners introducing products.

These images have commercial value and can be protected by copyright if they meet the legal requirements on copyright.

Why register copyright for product images?

Registering copyright for product images is an extremely important step for businesses and individuals who own images, because it brings many practical benefits.

  • Protecting intellectual property rights: Product images are important intellectual property, demonstrating creativity and commercial value. When registering copyright, you will have a solid legal basis to prove ownership and prevent acts of copying and unauthorized use by competitors or other individuals.
  • Preventing copying and infringement: In the competitive and strongly developing business environment of the internet, product images are easily copied and used illegally. Registering copyright helps you prevent the use of images without permission, protecting the brand and reputation of the business.
  • Increase brand value: Exclusive product images create a competitive advantage in the market. When images are copyrighted, customers and partners will have more confidence in the quality and reputation of the product, thereby increasing brand value.
  • Support dispute resolution: If a copyright dispute occurs, the Copyright Registration Certificate is important legal evidence. It helps you easily protect your legal rights before the court or competent authorities.
  • Affirm legality and professionalism: Registering copyright of product images demonstrates the professionalism and compliance with the law of the business. This helps build trust with customers, partners and investors.
Instructions for registering copyright for product images

Application for registration of copyright of product images

To register copyright of product images at the Copyright Office of Vietnam, you need to prepare the following documents:

  • Copyright registration application form according to the prescribed form.
  • Copy of product image (digital file or printed copy).
  • Copy of identity documents (ID card/CCCD or passport for individuals; business registration certificate for organizations).
  • Power of attorney (if submitted through a representative).
  • Documents proving originality (if any, for example, original file, photo of the image creation process).

Preparing a complete application will help the registration process go quickly, avoiding having to supplement it many times.

Product image copyright registration process

The product image copyright registration process includes the following basic steps:

Step 1: Prepare documents

  • Fill in the registration form with full information about the work, author and owner.
  • Prepare accompanying documents such as product images, personal or organizational documents.

Step 2: Submit application

  • Applications can be submitted directly to the Vietnam Copyright Office or by post.
  • Pay the registration fee according to regulations.

Step 3: Appraisal of application

  • The Copyright Office will check the completeness and validity of the application.
  • In case the application is incomplete, you will receive a request for additional information.

Step 4: Issuance of certificate

  • If the application is valid, the Copyright Office will issue a Certificate of Copyright Registration for the product image.
  • The time to issue the certificate is usually 2 – 3 months from the date of submission of a valid application.

Important notes when registering copyright for product images

When registering copyright for product images, in addition to preparing the application and following the correct procedure, you also need to note some important points to ensure that the copyright is fully protected and avoid legal risks.

  • Independent creation: Do not register images copied or taken from other sources.
  • Copyright attribution: Add copyright information (© Author name, year) on the image when using.
  • Preserve original records: Store original files, documents and Copyright Certificate carefully.
  • Update copyright when changing: If the product image is edited or a new version is created, it is recommended to register additional copyright to protect the author’s rights.
  • Legal use of other people’s images: If you use images from other sources, you need to ask for permission and clearly state the source to avoid copyright infringement.

Above is a detailed guide on registering copyright for product images that VCD shares with you. Copyright protection not only helps you protect intellectual property, prevent illegal copying but also increases brand value and reputation in the market.

Sincerely,

1. What documents are required to register a copyright for a product image?

The documents include: Copyright registration form, a copy of the product image, documents proving ownership, the owner’s ID card/CCCD, and a power of attorney (if submitted through a representative).

2. What is the current processing time for a product image copyright registration?

The normal processing time is about 12-15 working days from the date of receipt of a valid application. You can pick it up in person or request it to be sent by post.

Procedure for registering copyright of theatrical works in Vietnam

Theatrical works have high artistic and commercial value, but are easily copied or used illegally. Registering copyright of theatrical works not only protects the legal rights of the author but also enhances the reputation and commercial value of the work. The following article VCD will guide in detail each step in the process of registering copyright of theatrical works in Vietnam.

What is a theatrical work?

According to Article 14 of the Intellectual Property Law 2022, theatrical works include works created for performance on stage:

  • Drama scripts, plays, operas, reformed operas, puppet shows, musicals, etc.
  • Plays with content, scripts, dialogues, music, props, stage designs, etc.
  • Dramatic works that combine many different art forms.

A stage work is protected by copyright when it meets the conditions of independent creation, demonstrates creativity and has a certain form (According to Article 15 of the Intellectual Property Law 2022).

Why is it necessary to register copyright for stage works?

Registering copyright for stage works brings many practical benefits, especially in the context of the current competitive art environment:

  • Protecting intellectual property rights: Stage works are the result of the author’s intellectual labor. When registering copyright, the author will have authentic legal evidence to prove ownership and prevent acts of illegal copying and performance (Articles 28 and 29 of the Intellectual Property Law).
  • Preventing infringement and copying: Many stage works are often copied from scripts, props or performance methods without permission. Copyright registration gives the author a basis to request the cessation of unauthorized use and compensation for damages.
  • Affirming prestige and commercial value: Copyrighted stage works create trust with producers, directors, actors and audiences, thereby increasing commercial value and opportunities for performance cooperation.
  • Support for dispute resolution: In case of copyright disputes, the Copyright Registration Certificate is important legal evidence for settlement in court or competent authority (Article 26 of the Intellectual Property Law 2022).
Procedure for registering copyright of theatrical works in Vietnam

Conditions for stage works to be copyrighted

According to Article 15 of the Intellectual Property Law 2022, stage works are protected by copyright when:

  • Independent creation: The work must be created independently, not copied from another work.
  • Have a certain form: The work must be expressed in the form of a written copy, audio recording, video recording or any form that can be stored.
  • Artistic value: The work demonstrates creativity, expresses unique ideas, content, and art.

Note: Abstract ideas or concepts that have not been expressed in a specific work will not be protected by copyright.

Detailed process for registering copyright for theatrical works

The process for registering copyright for theatrical works in Vietnam includes the following basic steps:

Step 1: Prepare documents

To register copyright at the Copyright Office of Vietnam, the author needs to prepare a complete dossier including:

  • Copyright registration application form according to the form issued by the Copyright Office.
  • Copies of theatrical works: Written script, dialogue, musical, or audio/video recording of the play. If the work combines many art forms, it is necessary to submit corresponding illustrative documents.
  • Identity documents: Individual: ID card/CCCD or passport. Organization: Business registration certificate.
  • Power of attorney (if submitted through a representative).
  • Documents proving the originality (if any), e.g., original manuscript, composition process, audio/video recording storage.

Step 2: Submit application

  • Applications can be submitted directly to the Vietnam Copyright Office or sent by post.
  • Pay the registration fee according to current regulations.

Step 3: Appraisal of application

  • The Copyright Office will check the completeness and validity of the application.
  • If the application is not complete, the author will receive a request for additional information.

Step 4: Issuance of Certificate

  • If the application is valid, a Certificate of Copyright Registration will be issued.
  • The time for issuance of the certificate is usually 2-3 months from the date of submission of a valid application.

5. Important notes when registering copyright for stage works

To effectively protect copyright, when registering copyright for stage works, authors need to pay attention to basic principles to prevent copying, preserve records and ensure the legality of the work.

  • Independent creation: Do not register works copied from others. (Article 20 of the Intellectual Property Law 2022)
  • Copyright recognition: When performing or publishing, clearly state © Author’s name, year.
  • Preserving original records: Carefully store manuscripts, audio/video recordings and Certificates.
  • Copyright updates: If the work is edited or a new version is created, additional registration should be made.
  • Legal use of other people’s works: Ask for permission and clearly state the source if you want to combine other people’s works to avoid copyright infringement.
  • In addition, storing video recordings, manuscripts, and rehearsal minutes is also important evidence in the event of a dispute.

Above is the entire process of registering copyright for stage works in Vietnam. Completing all steps will help authors protect intellectual property rights, prevent illegal copying and affirm the artistic value of the work.

Sincerely,

1. Where can I submit my application for copyright registration of a stage work?

You can submit your application at one of the following locations:
The Copyright Office in Hanoi (main receiving agency).Representative office in Ho Chi Minh City or Da Nang.
Send your application by post to the Office or representative office.
Submit online via the Public Service Portal of the Ministry of Culture, Sports and Tourism if you want to save time.

2. Can I register copyright for an unpublished stage script?


Yes. According to the law, unpublished or unperformed works are still allowed to be copyrighted as long as they are your own creations and not copied from others. Registering before publication also helps you protect your copyright early, avoiding the risk of being copied when the work is released.

Is the director considered the author of a stage work?

When talking about stage plays, many people often think that the “author” is the scriptwriter, the playwright. But in reality, in stage creation, the role of the stage director is extremely important: they are the ones who shape the staging, layout, visuals, performance… So according to Vietnamese copyright law, Is the director considered the author of a stage work?? What are their roles and powers? Let’s find out with VCD in the article below!

What is a stage work?

According to Article 11, Clause 1 of Decree 22/2018/ND-CP, a stage work is defined as follows: “Works belonging to the performing arts genre, including: cheo, tuong, cai luong, puppetry, drama, folk drama, physical drama, musicals, circus, comedy, variety shows and other performing arts.”

Thus, a theatrical work is a collection of creative artistic performances, expressed through staging, performance and combining many elements such as script, music, acting, stage, lighting… to form a complete artistic whole.

From the perspective of intellectual property, theatrical works are one of the types of works protected by copyright under Clause 1, Article 14 of the 2022 Intellectual Property Law. This is a type of work that is protected when there is creativity and is expressed in a certain fixed form.

Is the director considered the author of a stage work?

Is the director considered the author of a theatrical work?

This is a question that many artists, theaters and production units are interested in. Because a successful play depends largely on the director’s hand: shaping the style, layout, acting, stage effects…

The concept of “author” under the Intellectual Property Law

According to Clause 1, Article 12 of the Intellectual Property Law 2022, an author is a person who: “Directly creates a part or the whole of a work.”

This concept emphasizes that the author is the subject who directly participates in the creative process, not just in the role of providing general ideas or technical support. The author is the person who creates the content, form of expression or creative artistic elements of the work.

Thus, any individual who directly creates the content or form of expression of a work can be considered an author.

Does the law recognize the director of a theatrical work as an author?

According to Article 21 of the Intellectual Property Law 2022, individuals who participate in the creation of a theatrical work, including the director, are recognized as authors and enjoy certain personal rights.

The content of the law stipulates: “Those who perform creative work on stage works such as directors, choreographers… have the right to be named and enjoy related rights according to regulations.”

Therefore, not only scriptwriters but also directors, choreographers, musicians, stage designers… can be considered authors if they directly create parts of the content or performance form, contributing to the formation of a complete stage work. In short, directors are considered authors, but it is necessary to clearly understand that their scope of authorship is different from that of script authors.

In what aspects is a director an author of a stage work?

A director is not an author of a script, but is the author of the staging and form of the work. Specifically, the director is recognized as an author because:

  • They directly create the way the script is presented on stage
  • They decide the rhythm, acting, layout, and space handling
  • They shape the artistic style of the play
  • They create an independently creative staged work

As long as they directly create the content or form of presentation of the play, they can be recognized as an author under the Intellectual Property Law 2022. Therefore, the director is considered a co-author or author of the performance of the stage work.

Rights of the director in a theatrical work

Depending on the agreement with the production unit, the director may have the following rights:

  • Personal rights: According to Articles 19 and 21 of the Intellectual Property Law 2022, the director has the right to: Be named when the work is performed or promoted, to have his/her honor and reputation protected in his/her work, and to be required to respect the staging idea. This is a non-transferable right.
  • Property rights: According to Decree 21/2015/ND-CP, the director is entitled to royalties for his/her contribution to the play. The royalty rate can be agreed upon by the parties, but the law assumes that the director has the right to be paid commensurate with his/her creative efforts. However, the right to economic exploitation of the entire play (recording, screening, adaptation, etc.) usually belongs to the investor or the theater, unless otherwise stipulated in the contract.

The above is the answer to the question of whether the director is considered the author of the stage work or not. This not only protects the legal rights of the director but also affirms their important role in the process of creating and forming each stage play.

Sincerely,

FAQ

1. Does the director have economic ownership of the play?

The economic ownership of the entire theatrical work usually belongs to the theater or production unit, unless otherwise agreed in the contract. The director may receive royalties or a percentage of profits from exploiting the play but does not automatically own the full economic exploitation rights without signing a clear contract.

2. How can a director protect his copyright?

To protect the copyright in a theatrical work, the director should:
Sign a clear contract with the production unit, recording personal rights and property rights;
Register the copyright of the staging with the Copyright Office;
Request to have his name listed in the program, poster, and promotion of the play;
Keep records and documents related to the staging and creative process;
Clearly agree on royalties and benefits from exploiting the play.

How is copyright for paintings regulated?

Paintings are a creative art form but are also a field that is often copied, plagiarized, and used illegally. Therefore, understanding copyright for paintings plays an extremely important role. In the article below, VCD will help you understand copyright for paintings in accordance with Vietnamese law.

What is a painting?

According to the 2022 Intellectual Property Law, paintings belong to the group of plastic works, including artistic creations expressed through lines, layouts, and colors on any material.

Paintings can include:

  • Oil paintings
  • Acrylic paintings
  • Silk paintings
  • Watercolor paintings
  • Pencil paintings, sketches
  • Digital paintings
  • Paintings made of synthetic materials

Whether done by manual or technological methods, as long as the work bears its own creative mark and is “shaped in a certain material form”, it is considered a painting and is subject to copyright protection.

Conditions for a painting to be protected by copyright

A work is protected by copyright as soon as it is created and shaped, regardless of registration.

Conditions for a painting to be protected include:

  • The work is created by the author himself.
  • Not copied or remade from another person’s work.
  • Exists in material form: original painting, print, digital file.

So, whether you draw by hand or digitally, as soon as you complete the painting, you automatically own the copyright to your painting. However, in reality, artists and gallery owners often register copyright to have strong legal evidence when disputes arise.

How is copyright for paintings regulated?

What are the rights of copyright in a painting?

Copyright in a painting is divided into personal rights and property rights, specifically as follows:

Personal rights

This is a right attached to the author, the personal rights of the author of a painting include:

  • The right to name the work.
  • The right to have a name (real name or pen name).
  • The right to publish the work for the first time or allow others to publish it.
  • The right to protect the integrity of the work, prevent acts of cutting, modifying, or distorting the content that affect the author’s reputation.

Personal rights (except the right to publish) cannot be transferred to others.

Property rights

The property rights of the author of a painting include:

  • The right to copy and reproduce the work.
  • The right to distribute and communicate the work to the public.
  • The right to display or allow the display of the work.
  • The right to publish the work on the digital environment (website, social network, NFT).
  • The right to license the use or transfer property rights.

Property rights can be transferred or allowed to be exploited under a contract.

Why is it necessary to register copyright for a painting? What is the registration dossier?

Although the current law does not require copyright registration for paintings, registration still brings many practical and important benefits to artists as well as owners of the works:

  • Create solid legal evidence when disputes arise: When a painting is copied, used illegally or there is a copyright dispute, the copyright registration certificate will be strong legal evidence to help identify the author, the time of creation and the legal ownership of the work. This is an important tool to protect the artist’s rights before the law.
  • Affirm the artist’s reputation and brand: A copyrighted painting will help the artist be officially recognized as the author, thereby enhancing their reputation in the art community. This not only helps them to be recognized in the art world but also helps to increase the selling price of paintings, especially for high-value works or art collections.
  • Increase the commercial value of the work: The copyright certificate helps to sign copyright contracts, print, display or export works more transparently and conveniently. This is the legal basis for negotiating royalties, copyright fees or profits from exploiting the work.
  • Protect digital works: In the digital age, digital paintings are easily copied and shared illegally online. Copyright registration increases the legal protection for these works, helping artists proactively protect their rights when violations are detected.

To register copyright for a painting, the author or owner needs to prepare the following documents:

  • Copyright registration form.
  • 02 copies of the work (photo or print).
  • ID card/CCCD of the author.
  • Transfer of rights (if the owner is not the author).

Note: The time to issue a copyright certificate is usually 10-15 working days from the date the agency receives a complete and valid application.

The above is an overview of copyright of paintings according to Vietnamese law. Although registration is not mandatory, it is an important tool for artists to assert ownership, creating favorable conditions for business, publishing, displaying and protecting works against violations.

Sincerely,

FAQ

1. Do paintings need to be registered for copyright?

According to current law, it is not mandatory to register copyright for paintings. However, registration will create strong legal evidence, protect artists from disputes, illegal copying and help increase commercial value as well as personal reputation.

2. Who is considered the author of a painting?

According to Clause 1, Article 12 of the Intellectual Property Law 2022, the author is the person who directly creates part or all of the work. In painting, the author can be the artist who paints directly, including traditional and digital paintings, as long as they play the main creative role and create the independent expression of the work.