Does an author have the right to reclaim a transferred work?
After signing a copyright transfer contract, many people mistakenly believe they can “reclaim” their work at any time because it is their own creation. However, intellectual property law stipulates something completely different. So, does an author have the right to reclaim a transferred work? This article from VCD will help clarify this.
What constitutes a transferred work?
Before understanding the right to reclaim, it’s necessary to understand the nature of a “transferred work.”
According to Article 45 of the 2022 Intellectual Property Law: “Transfer of copyright and related rights is the act of the copyright owner or related rights owner transferring their ownership rights to another organization or individual under a contract or according to relevant legal provisions.”
Thus, transfer is the transfer of ownership rights, not just permission to use. This means that, after the transfer contract takes effect, the property rights to the work no longer belong to the original author or owner, but to the transferee. In other words, from the moment of transfer, the transferee becomes the new legal owner of the property rights associated with the work.
Note:
- Authors cannot transfer moral rights (except the right to publish the work).
- Only property rights are transferable.
Property rights stipulated in Article 20 of the Intellectual Property Law include:
“a) Creating derivative works;
b) Performing the work before the public directly or indirectly through sound recordings, video recordings, or any technical means at a location accessible to the public, but where the public cannot freely choose the time and parts of the work;
c) Directly or indirectly reproducing all or part of the work by any means or form, except as provided in point a, clause 3 of this Article;
d) Distributing, importing for distribution to the public through sale or other forms of transfer of ownership of the original, copies of the work in tangible form, except as provided in point b, clause 3 of this Article;
e) Broadcasting, transmitting to the public the work by wired, wireless, or network means electronic information or any other technical means, including providing the work to the public in a way that the public can access at a place and time of their choosing;
e) Renting the original or copies of cinematographic works, computer programs, except where the computer program is not the primary subject of the rental.
Once a transfer contract is signed, the transferee becomes the legal owner of this property right.

Does an author have the right to reclaim a transferred work?
The author cannot arbitrarily reclaim it, except in certain special cases permitted by law. Because after the transfer, the property right belongs to the transferee. If the author arbitrarily reclaims it, it will be considered an infringement of the new owner’s rights. However, the law still provides a mechanism to protect the author’s interests in certain cases.
Cases where the author has the right to request the revocation of transferred rights
According to Article 47 of the Intellectual Property Law on the cancellation and termination of copyright transfer contracts: If the transferee fails to perform or improperly performs the obligations committed in the contract, the transferor has the right to request the cancellation of the contract and claim compensation for damages.
Therefore, the author does not have the right to revoke the rights for subjective reasons, but only in the following cases:
Case 1: The transferee breaches the contract
This is the most common case when transferring copyright. Once the transfer agreement has been signed, the transferee has clear obligations such as:
- Paying the transfer fee, royalties, and remuneration on time.
- Exploiting the work within the agreed scope and purpose.
- Respecting the author’s personal rights.
- Not using the work in a way that negatively affects the author’s reputation.
If the transferee violates these obligations, the author has the right to request termination of the contract, compensation for damages, and return of the transferred rights.
Examples:
- The publisher fails to pay royalties as agreed.
- The company arbitrarily modifies the content of the work during exploitation.
- Using the work for offensive or unethical advertising purposes.
- Exploiting beyond the scope agreed upon (e.g., only allowed to publish the book but adapted it into a film).
In this case, the author is not “reclaiming the work for personal gain,” but rather protecting their legitimate rights due to the other party’s violation.
Case 2: Contract with a clause allowing for revocation
In many licensing agreements, the parties may agree in advance that after a certain period, the author has the right to reclaim the rights. If the recipient does not exploit the work, the rights will automatically return to the author.
Example:
- After 5 years, the rights automatically return to the author if not renewed.
- If the recipient does not exploit the work within 12 months, the rights will be returned to the author.
- The author has the right to repurchase the transferred rights at a specified price.
- Rights are only transferable within a certain geographical area.
If the contract contains such clauses, then revocation is not a breach, but rather the fulfillment of the agreement. This is why drafting a rigorous contract from the outset is extremely important.
Case 3: Contract invalid according to law
According to the 2015 Civil Code, a civil contract may be declared invalid in cases such as:
- One party was deceived, threatened, or coerced when signing
- The signatory lacks legal capacity
- The content of the contract violates legal prohibitions
- The form of the contract is not in accordance with regulations (e.g., not in written form)
When a contract is declared invalid, the legal consequence is that the parties return to each other what they have received. This means that the property rights to the work will return to the author.
What rights does the author retain after the transfer?
Even after transferring copyright, the author retains moral rights under Article 19 of the 2022 Intellectual Property Law, including:
“1. Naming the work.
2. Using their real name or pseudonym on the work; having their real name or pseudonym mentioned when the work is published or used;
3. Publishing the work or allowing others to publish the work;
4. Protecting the integrity of the work from distortion; preventing others from modifying or abridging the work in any way that harms the author’s honor and reputation.”
Therefore, even though the right to exploit cannot be revoked, the author still has the right to prevent the use of the work in a way that distorts its content and negatively affects them.
The above is an article titled “Does an author have the right to revoke a transferred work?”. Hopefully, it will help you understand the nature of copyright transfer and the limitations of the author’s right to revoke after the contract takes effect.
Sincerely,
No. Subjective “dissatisfaction” is not a legal basis for reclamation. An author can only request termination of the contract and reclaim their rights if the transferee violates their committed obligations or if there is a reclamation agreement in the contract.
Only if the contract clearly stipulates that if the work is not exploited within a certain period, the rights will return to the author. If the contract does not contain this agreement, the author cannot unilaterally reclaim it.








