Can an unfinished work be copyrighted?
In the process of artistic creation, many works are formed through many stages, from initial sketches to the finished version. Some authors take a few weeks to complete their work, but others need months, even years to complete it. Therefore, the question “Can an unfinished work be copyrighted?” has become a concern of many authors, especially those who want to protect their creative achievements while the work is still unfinished. The following article from VCD will help you.
1. What is an unfinished work?
In the common understanding, an unfinished work is a work in which the author has begun the creative process and has expressed a certain part of the content, but is still unfinished, incomplete in structure, details or content as originally intended.
An unfinished work is often identified by having a clear, specific form of expression, helping others to recognize the main content and creative direction, but still needs to continue to be supplemented and edited to become a complete version. For example, a novel has just completed the first few chapters; a painting has just stopped at the sketch and colored background; a piece of music only has the main melody but has not completed all the lyrics and harmony.
Unlike an idea that exists purely in thought or in the form of scattered notes, an unfinished work has a specific formation, clearly defined, enough to distinguish it from other works, even though it is still in the process of completion.
2. Can an unfinished work be copyrighted?
According to Article 6 of the current Law on Intellectual Property, it is stipulated as follows:
“Copyright arises from the moment a work is created and expressed in a certain material form, regardless of content, quality, form, means, language, whether published or not, registered or not.”
Therefore, it can be understood that an unfinished work can still be registered for copyright if it meets the following basic conditions:
- The work is created and expressed in a certain material form, regardless of content, quality, form, means, language, whether published or not, registered or not.
- The work is directly created by the author through his or her own intellectual labor without copying from another person’s work.
- Belongs to one of the types of works protected by copyright.
In creative practice, the author does not always complete his or her work in one go. In many cases, the creative process lasts for months or even years, and the work is only gradually completed in stages. During this period, the content that has been created and expressed on the outside often has a certain value, and at the same time, there is a potential risk of being copied or exploited illegally.
An unfinished work is understood as a work in which the author has created and expressed a certain part of the content but is not yet complete in terms of structure, details or the entire content according to the original idea. For example, a novel manuscript that has just completed a few chapters; a painting that is in the sketch stage with a clear layout and theme but lacks details; or a piece of music that has a main melody and part of the lyrics but has not yet completed the lyrics and harmony. The common point of these cases is that the work has a specific, clear form of expression, enough to determine the creative content, not just ideas or scattered notes.
However, it should be noted that the law does not protect works that only exist in the form of unexpressed ideas, or sketches and notes that are too sketchy and do not have specific content. In these cases, the registration application will have difficulty being accepted. Therefore, to ensure rights, the author should fully archive the original, sketches, documents recording the creative process, temporary copies and all evidence showing the creative stage, to prove copyright when necessary.
In short, unfinished works can be completely registered for copyright if they meet the conditions of expression and ability to identify content. This is a proactive measure, helping the author protect creative achievements right from the beginning, while creating a solid legal foundation for the next creative stages. Copyright registration for unfinished works brings many benefits to the author and the owner of the work.
Above is the article “Can an unfinished work be copyrighted?” that VCD sends to you. We hope this article is useful to you.
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