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Author: Editor VCD

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.

Can an unfinished work be copyrighted?

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.

Sincerely,

Can fanpage be registered for copyright protection?

In the digital age, online communication and interaction methods such as fanpages are becoming increasingly popular. However, this also creates conditions for many individuals and organizations to take advantage of the reputation to create fake fanpages, post similar content to provide unofficial products and services or perform acts that affect the rights and legitimate interests of the owner. So can a fanpage be copyrighted? The following article by VCD will help readers understand better.

1.      Is a fanpage protected by copyright?

A fanpage is a public information page created on social networking platforms for an individual, organization, business or community to share content, interact and build relationships with the public. Fanpages are often used for many different purposes such as advertising, marketing, branding, customer care and community connection. Through fanpages, organizations and businesses can take advantage of the power of social networks to reach customers, increase interaction, nurture sustainable relationships and enhance brand recognition.

According to Clause 1, Article 14 of the current Intellectual Property Law, which specifically stipulates the subjects protected by copyright, it can be seen that: Fanpages are not directly protected by copyright, because the types of works prescribed by law do not include the form of ‘fanpage’. However, it is still possible to register copyright for content components on fanpages such as logos, articles, images, videos, etc. Depending on the needs and desired scope of protection, individuals or organizations can choose the appropriate type of work to register for copyright protection.

Can fanpage be registered for copyright protection?

2.      Copyright registration procedures for Fanpage

To copyright a Fanpage, individuals and organizations can register copyright for components such as logos, articles, images, videos, etc. in the form of literary, journalistic or applied art works, depending on the specific nature of each content.

Pursuant to Clause 2, Article 50 of the current Intellectual Property Law, there are specific regulations on copyright registration dossiers in general and fanpage copyright dossiers in particular:

The copyright registration dossier will depend on the form of registration, within the scope of this article, we will guide the registration dossier in the form of copyright.

  • Copyright registration application form;
  • Two copies of the work for copyright registration;
  • Power of attorney, if the applicant is an authorized person;
  • Documents proving the right to submit an application, if the applicant enjoys that right from another person due to inheritance, transfer, or succession;
  • Written consent of co-authors, if the work has co-authors;
  • Written consent of co-owners, if the copyright is jointly owned.

Copyright registration applications are submitted to the Copyright Office. Within 51 working days from the date of receipt of a complete and valid application, the Copyright Office will issue a decision to grant a Certificate of Copyright Registration to the applicant. In case of rejection, the competent authority will clearly notify the applicant of the reasons for adjustment or supplement of necessary information.

Fanpage copyright registration is essentially the process of registering copyright for the content that you have invested effort, time, ideas and finance to create. This procedure is carried out at the Copyright Office to ensure legal ownership of the works on the fanpage.

3. Copyright registration service for Fanpage

VCD is a professional representative organization, fully qualified and capable of supporting customers in carrying out copyright registration procedures, including Fanpage protection registration. When choosing VCD, customers will be committed to comprehensive support with the following specific tasks:

  • Full consultation on legal issues related to Fanpage protection registration.
  • Guidance on preparation and provision of necessary information and documents to clearly identify the registration content.
  • Drafting copyright registration documents in a complete, accurate and legal manner.
  • Representing customers in submitting documents directly to the Copyright Office – the competent state agency to issue Copyright Registration Certificates.
  • Monitoring and promptly updating the status of document processing, informing customers of progress.
  • Support in handling any issues that arise (if any) during the process of receiving and processing the application.
  • Receive and deliver the Certificate of Copyright Registration issued by the Copyright Office as committed.
  • Advise and support any issues that arise, exercise rights and obligations related to the content of the Fanpage that has been registered for protection.

The above is the article ” Can fanpage be registered for copyright protection?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

If the application has been submitted but the Copyright Certificate has not been issued, will it be protected by law?

During the copyright registration process, many authors or owners have found themselves in a situation where they have submitted a complete application but are still waiting for the competent authority to issue a Certificate. Meanwhile, the work has been created and is at risk of being copied and used illegally. At that time, the question is: Is the work that has been submitted but has not yet received a Certificate protected by law? The following article by VCD will help you understand better.

1.      What is a Copyright Certificate?

The copyright registration procedure is just a procedure to ensure the rights of the owner in the most complete way because copyright will arise automatically when that subject meets the conditions prescribed by law.

According to the provisions of the current Intellectual Property Law, the procedure for copyright registration is the submission of an application and accompanying documents by the copyright owner to the competent state agency to record information about the author, work, and copyright owner. And carrying out this procedure will help the copyright owner reduce the obligation to prove his/her rights when there is a dispute.

Therefore, the Copyright Certificate, also known as the Copyright Registration Certificate, is a document issued by the Copyright Office, proving the legal ownership of the author or owner of the registered work. It confirms the copyright of the work, including both personal rights and property rights.

If the application has been submitted but the Copyright Certificate has not been issued, will it be protected by law?

2.      If the application has been submitted but the Copyright Certificate has not been granted, will it be protected by law?

According to the provisions of Article 52 of the Law on Intellectual Property on the Time limit for granting a Certificate of Copyright Registration and a Certificate of Related Rights Registration: “Within fifteen working days from the date of receipt of a valid dossier, the state management agency of copyright and related rights shall be responsible for granting a Certificate of Copyright Registration and a Certificate of Related Rights Registration to the applicant. In case of refusal to grant a Certificate of Copyright Registration or a Certificate of Related Rights Registration, the state management agency of copyright and related rights shall notify in writing and clearly state the reasons to the applicant.”

In practice, the time limit for processing a dossier as prescribed is 51 working days, recorded on the Receipt of the dossier and an appointment to return the result upon submission of a valid dossier.

During the time the Department processes the application and has not yet been granted a Copyright Certificate but a copyright dispute arises over the work, the law still protects it because:

According to the provisions of Clause 1, Article 6 of the 2005 Law on Intellectual Property, amended and supplemented in 2022, copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, means, language, whether published or not, or registered or not. Thus, submitting a copyright registration application is not a condition for the creation of copyright.

In fact, as soon as the work is completed and stored in a tangible form, copyright has been established and protected by law. During the period from the submission of the application to the issuance of the Copyright Certificate, the right holder is still protected by law if an infringement occurs. The right holder has the right to request competent agencies and organizations to handle the infringement according to regulations.

However, when the Copyright Certificate has not been granted, the proof of ownership will have to be based on other evidence such as: the original or draft of the work, electronic storage data with the time of creation, emails or related documents, witness statements, etc. These evidences can be used as a basis to determine the author or copyright owner, but often require a lot of time and effort and may potentially pose risks in terms of evidentiary value.

On the contrary, when the Copyright Certificate has been granted, the right holder has in hand a valuable legal evidence, making it easier and faster to prove the rights and request protection. Therefore, although registration does not give rise to copyright, this is a necessary procedure to strengthen the legal basis and improve the effectiveness of protecting the legitimate rights of authors and owners.

Above is the article “If I have submitted my application but have not yet been granted a Copyright Certificate, will I be protected by law?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Why does copyright only protect the form of expression, not the idea?

In artistic or scientific creation, ideas are always the source of every work. However, a common question is: is an idea alone enough to be protected by copyright? This is a confusing issue and is also common in practice when many authors and creators wonder about the boundary between ideas and works. The following article from VCD will help you.

1.      The legal basis of copyright only protects the form.

The Berne Convention stipulates that “literary and artistic works” include all works in the fields of literature, science and art, regardless of the method or form of expression, such as books, articles, dramatic works, cinematography, graphic works, paintings, architecture, sculpture, etc., must be protected by copyright.

According to the Berne Convention Guidelines, ideas cannot be protected by copyright. Ideas themselves can be protected by patents – a form of intellectual property protection independent of copyright, which is often stipulated in patent laws of countries. More specifically, for inventions, a person who has publicly announced his idea has no other way to prevent others from using that idea, while copyright protection for an idea right after it is expressed is the protection for the expression of the idea in the form of words, notes, drawings. Therefore, only the expression of an idea can be protected by copyright, not the idea itself.

In creative life, there is a common misconception that many people think that “just thinking of an idea is enough to have copyright”. In fact, intellectual property law does not protect ideas, but only protects works when those ideas have been expressed in a specific form. This is a basic but very important principle in determining the scope of copyright protection.

Accordingly, according to Article 6 of the 2005 Law on Intellectual Property of Vietnam (amended and supplemented in 2022), copyright arises from the moment a work is created and expressed in a certain material form. That means, for an intellectual product to be considered a “work” and protected, it must exist in a specific form, can be seen, heard or copied, such as a written poem, a recorded piece of music, a drawn picture, or a filmed clip.

Why does copyright only protect the form of expression, not the idea?

2.      Why does copyright only protect the form of expression, not the idea?

Based on the legal basis analyzed, some basic reasons can be given as follows:

First, ideas are abstract and limitless. Ideas are just the beginning of a creative process, they can exist in the minds of many different people without any signs to determine the boundaries. If the law protects ideas, it means that one person can monopolize vague thoughts, causing society to be “framed” in creativity. This goes against the goal of promoting the development of knowledge and art.

Second, ideas are very difficult to prove and difficult to enforce. When a dispute arises, if a person only claims that “I came up with this idea first”, the competent authority has almost no basis to determine the authenticity. Only when the idea is expressed in a specific form such as a manuscript, drawing, music, etc., will there be a basis for comparison and contrast to protect the author’s rights.

Third, not protecting ideas helps encourage diverse creativity. Many people can start from the same idea, but the way of expressing and creating is completely different. For example, with the same theme of “school love”, each writer and poet has a very unique way of exploiting and building the work. If only one person holds exclusive rights to this “idea”, then a series of literary and cinematic works will never be born.

In reality, there have been many disputes in which one party claims that “their script/musical film idea has been copied”. However, the dispute resolution agency often only considers the specific form of expression such as detailed script, plot structure, dialogue, scene staging, etc. for comparison. If it only stops at the idea level, for example “a film about a girl from the countryside who goes to the city to make a living”, then there is no legal basis to conclude that it is a copy. Therefore, authors and creators need to be clearly aware: only when turning ideas into specific products, will the work be protected by law and become effective evidence when disputes arise.

Above is the article “Why does copyright only protect the form of expression, not the idea?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Can an author who is not the owner of the work publish the work?

Publishing a work is one of the important rights of the author’s personal rights according to the provisions of intellectual property law. However, in reality, the author is not always the owner of the copyright to his work, especially in cases where the work is created under a creative contract or according to an assigned task. The question is: when the author no longer holds ownership, does he still have the right to publish the work? The following article by VCD will help you.

1.      What is publication of a work?

According to Clause 9, Article 1 of the 2022 amended Law on Intellectual Property, a work, audio recording, or video recording is considered published when it is released with the consent of the copyright or related rights owner to disseminate copies to the public in any form, in reasonable quantities. However, current law does not specifically regulate the forms of publication of works. In practice, publication can be done in many different ways, depending on the type of work.

For written works such as books, stories, documents, etc., the most common form of publication is publishing. Works can be released in the form of traditional printed books or e-books, allowing readers to access them through devices such as phones, tablets or e-readers.

For audio and visual works, publication is often done through audio and video recordings. These recordings can be released as CDs, DVDs or digital files and posted on online platforms such as YouTube, Spotify, etc.

For performing arts such as music, theater, dance, etc., works are published through live performances to the public at stages, events or performance spaces.

For works of fine arts, photography, sculpture, etc., the common form of publication is exhibition, which means displaying the work in galleries, museums or public spaces.

2.      Who has the right to publish the work?

According to Clause 2, Article 4 of the 2022 Law on Intellectual Property, copyright is the right of an organization or individual to a work that they directly create or legally own.

The subject of copyright includes literary, artistic and scientific works. In addition, rights related to copyright apply to subjects such as performances, audio and video recordings, broadcast programs and encrypted satellite signals (according to Clause 1, Article 3 of the Law on Intellectual Property).

In addition, according to Clause 3, Article 14 of Decree 17/2023/ND-CP, the right to publish a work or allow others to publish it is the release of a work to the public with a reasonable number of copies, in order to meet the public’s access needs depending on the nature of each type of work. This publication can be carried out by the author or copyright owner, or by another individual or organization, but must have the consent of the author or copyright owner.

Therefore, the subject with the right to publish a work is the author of the work or the person authorized by the author (or copyright owner).

Can an author who is not the owner of the work publish the work?

3.      Can an author who is not also the owner publish the work?

According to the provisions of Article 19 of the current Law on Intellectual Property, the author is entitled to four personal rights to his or her work. Including: the right to name the work; the right to have his or her real name or pen name on the work; the right to publish or authorize others to publish the work; and the right to protect the integrity of the work.

However, not all moral rights are non-transferable. In fact, only three rights are non-transferable, including: the right to name the work (clause 1), the right to have one’s name on the work (clause 2), and the right to protect the integrity of the work (clause 4). The right to publish the work or authorize others to publish the work (clause 3) is a right that can be transferred to the copyright owner.

Therefore, in the case where the author is not at the same time the copyright owner, this person no longer has the right to publish or authorize others to publish his work. This right then belongs to the copyright owner – who can be an individual, organization or enterprise – depending on the agreement or legal provisions.

Inconlusion, the author only has the right to publish the work if he is also the copyright owner. Otherwise, the publication of the work must be authorized by the copyright owner. This is an important principle to clearly distinguish between non-transferable personal rights and transferable property rights in the intellectual property law system.

Above is the article “Can an author who is not also the owner publish a work?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

Types of contracts for the use of copyright and related rights

In reality, the use of copyright and related rights is very rich and diverse. The classification of contracts for the use of copyright not only helps clarify the nature of each type of contract but also facilitates the research, application and enforcement of these rights in practice. The following article by VCD will help you understand better.

1.      What is the transfer of copyright and related rights?

Clause 1, Article 4 of the current Law on Intellectual Property stipulates: “Copyright is the right of an organization or individual to a work that they create or own.”

Pursuant to Clause 3, Article 4 of the 2005 Law on Intellectual Property, accordingly: “Related rights are the rights of organizations and individuals in the process of transmitting works to the public through performances, audio recordings, video recordings, broadcast programs, and satellite signals carrying encrypted programs.”

At the same time, Clause 1, Article 47 of the Law on Intellectual Property states: “Transfer of the right to use copyright and related rights is the act of the copyright owner or related rights owner allowing another organization or individual to use for a limited period one, some or all of the rights specified in Clause 1 and Clause 3, Article 19, Clause 1, Article 20, Clause 3, Article 29, Clause 1, Article 30 and Clause 1, Article 31 of this Law”.

Therefore, the transfer of copyright and related rights is the act in which the copyright owner allows another organization or individual to use for a limited period of time part, some or all of the property rights related to the work, performance, sound recording, video recording, and broadcast program. This includes the right to publish the work and the right to name the work of the owner.

2.      Types of Copyright and Related Rights Contracts.

Exclusive Use Contract

An exclusive use contract is a contract in which the transferee is the only party with the right to use the transferred rights. Even the copyright owner is not allowed to use these rights during the transfer period.

Non-exclusive Use Contract

A non-exclusive use contract, on the contrary, allows the transferor to still have the right to use the subject of the contract after the transfer. The parties can agree that the transferor has the right to transfer the powers to another entity.

Intellectual property law does not clearly stipulate whether the parties do not agree on the nature of the contract, whether it will be considered an exclusive or non-exclusive contract. However, according to current regulations, the owner still retains the right to use his property. Therefore, if there is no clear agreement, the contract will be considered a non-exclusive contract, and the owner still has the right to use the work.

3.      Scope of use of the contract

Copyright contracts can be divided into two types: One-time use contracts and Multiple use contracts.

One-time use contracts

This is a type of contract in which the user is only allowed to use the rights that have been transferred once. The contract will terminate immediately when the user has exercised that right, even though the contract is still valid. If the user continues to use it, they will be considered to have infringed the copyright and will be subject to legal liability.

Multiple Use Contract

This type of contract allows the user to use the transferred rights multiple times within the agreed term. The number of uses can be determined by the parties or depends on the user’s will. This contract enables the user to exercise the rights without having to ask for permission or sign a new contract with the transferor.

4.      Term of Use Contract

Copyright licenses can be classified into two types: Licenses with a fixed term and Licenses with an indefinite term.

Licenses with a fixed term

This is a contract in which the parties specifically agree on the term of use. The user is only allowed to use the transferred rights within a specified period of time.

Licenses with an indefinite term

This type of contract does not specify the term of use. The user will have the right to use the transferred rights until the end of the protection period as prescribed by law. However, this contract is not equivalent to the transfer of copyright, because the owner and other parties still have the right to use those rights during this period.

In addition, copyright use contracts can also be classified according to other criteria such as: With or without compensation, one user or many users

The above is the article “Types of copyright and related rights use contracts” that VCD sends to you. We hope this article is useful to you.

Sincerely,

How to register copyright for graphic design?

In the context of strong development of graphic design, protecting the rights of creative works is becoming an issue of concern to many people. One of the ways to help ensure that creative ideas and efforts are not infringed is through the copyright registration process. So, how to register copyright for graphic design? Please follow the article of VCD below.

1.      Is graphic design an object protected by copyright?

According to Clause 1, Article 14 of the 2005 Intellectual Property Law (amended by Clause 5, Article 1 of the 2009 amended Intellectual Property Law and replaced by Point a, Clause 82, Article 1 of the 2022 amended Intellectual Property Law), applied art works are one of the types of works protected by copyright.

Referring to Clause 8, Article 6 of Decree 17/2023/ND-CP, applied art works include:

Graphic design:

  • Form of expression of logos, brand identity and product packaging.
  • Form of expression of characters.

Fashion design: Design with aesthetic value related to product shaping.

Interior design: Including interior and exterior decoration with aesthetic value.

Applied art works must be expressed in the form of aesthetic product shaping, and the creation of these works cannot be easily performed by people with average knowledge in the corresponding field. However, this does not include the external shaping elements of the product but only serves its basic function.

Therefore, graphic design is one of the subjects protected by copyright under current law.

How to register copyright for graphic design?

2.      What conditions must a graphic design copyright registration application meet?

The procedure for registering a graphic design copyright is similar to that for any other copyright protected subject. This registration procedure must be carried out at the Copyright Office or other locations receiving valid applications of the Copyright Office. The composition of the application is also specified in detail in Clause 2, Article 50 of the current Law on Intellectual Property. Requirements for works, performances, audio and video recordings, and broadcasts in the application for copyright and related rights are specified in Article 43 of Decree 17/2023/ND-CP.

Accordingly, graphic designs in the application for copyright registration must meet the following conditions:

Copies of works: Must be clearly shown on A4 paper, ensuring the correct layout, lines, colors, and shapes of the entire work.

Non-Vietnamese letters and words: If the work contains letters or words that are not in Vietnamese, the pronunciation (transliteration into Vietnamese) must be clearly stated. If the letters or words have meaning, they must be translated into Vietnamese. For numbers that are not Arabic or Roman numerals, they must be converted to Arabic numerals.

Works related to medicine and education: If the work has content related to medicine, education, or other specialized fields, there must be documents, papers confirming, assessing, or approving from the competent authority.

If the registration dossier fully meets the conditions, the Copyright Office will issue a Certificate of Copyright Registration for the graphic design. This certificate is valid for protection throughout the territory of Vietnam and is an important legal basis to protect the rights of the author as well as the owner of the work.

3.     Duration of protection for graphic design

After completing the graphic design copyright registration procedure, the Copyright Office will receive a Certificate of Copyright Registration for the work, which is valid throughout the territory of Vietnam. Property rights related to copyright for graphic design works will be protected for a period of seventy-five years from the date of first publication of the work.

In addition, the author’s personal rights, including: the right to name the work; the right to have his/her real name or pen name on the work; the right to have his/her real name or pen name mentioned when the work is published or used; and the right to protect the integrity of the work, not allowing others to modify, cut or distort the work in any form that affects the honor and reputation of the author, will be protected indefinitely.

Registering for graphic design protection is an important step in protecting the rights of the author and the owner of the work. Compliance with the correct procedures and legal regulations not only helps ensure legal rights but also creates peace of mind for creators. If you are looking for information about related regulations and procedures, please contact VCD for direct and prompt support.

Above is the article “How to register copyright for graphic design?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

How to register copyright for cartoon characters?

Currently, disputes over ownership of cartoon characters and fictional characters have become a notable issue, not only abroad but also in Vietnam. These disputes not only affect authors but also the entertainment industry. Therefore, copyright registration for cartoon characters is necessary. So how to register? Please follow the article of VCD below.

1.      What genre of work do cartoon characters belong to?

Cartoon characters are characters created through drawing or computer techniques, often appearing in cartoon programs, comics, video games, etc.

Therefore, cartoon characters are creative products, expressed in many different forms, such as in comics, literary works, or cartoons. According to the provisions of Article 14 of the current Law on Intellectual Property, the types of works protected by copyright include:

  • Literary, artistic and scientific works:
  • Lectures, speeches and other talks.
  • Journalistic works.
  • Musical works.
  • Dramatic works.
  • Literary, scientific works, textbooks, teaching materials and other works expressed in the form of writing or other characters.
  • Cinematographic works (cinematic works and works created by similar methods).
  • Photographic works.
  • Works of fine arts and applied arts.
  • Architectural works.
  • Photographic works.
  • Works of folk literature and art.
  • Computer programs, data collections.
  • Sketches, diagrams, maps, drawings related to topography, architecture, scientific works.

One of the basic conditions for a work to be protected is that it must be directly created by the author through his own intellectual labor, without copying from the work of others.

According to this regulation, cartoon characters are considered a type of applied art work, and therefore are subject to copyright protection.

2.      Cartoon character copyright registration application

According to the provisions of Clause 1, Article 6 of the current Intellectual Property Law, copyright is automatically protected without registration from the time the work is created and expressed in a certain material form.

However, to ensure your ownership and prevent future disputes, you should carry out copyright registration procedures. The application for copyright registration for cartoon characters includes:

  • Copyright registration form: The application must be prepared in Vietnamese and signed by the author, copyright owner or authorized person. The application must include full information about the applicant, author, copyright owner, description of the cartoon character, time, place and form of publication, as well as a commitment to responsibility for the information in the application.
  • Two copies of the work: Two copies of the cartoon character work for copyright registration must be provided.
  • Power of attorney: If the applicant is an authorized person, a power of attorney is required.
  • Documents proving the right to submit the application, if the applicant receives that right from another person through inheritance or transfer.
  • Written consent of co-authors, if the work has multiple authors.
  • Written consent of co-owners, if the copyright is jointly owned.
How to register copyright for cartoon characters?

3.      Processing time for applications for copyright registration for cartoon characters

Within fifteen working days from the date of receipt of a valid application, the state management agency for copyright is responsible for issuing a Certificate of copyright registration. If the agency refuses to issue a Certificate, it must notify the applicant in writing.

However, in practice, the processing time for applications usually lasts about 2 months from the date of submission to the Copyright Office. The reason is that the number of applications is increasing, which affects the processing time of specialists.

Authors, copyright owners, and related rights owners can submit copyright applications themselves or authorize other organizations or individuals to submit copyright applications. VCD – the consulting and support organization in implementing the procedure for copyright registration for cartoon characters at the Copyright Office Our team of specialists and lawyers will help you carry out this process quickly and effectively.

The above is the article “How to register copyright for cartoon characters?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Why is copyright protected without registration?

In the context of globalization and the strong development of technology, copyright has become an increasingly concerned issue. A notable point is that copyright does not necessarily need to be registered to be effective. So, why does copyright not need to be registered but is still protected? The following article by VCD will help you.

1.      Why does copyright not need to be registered but is still protected?

According to Clause 1 and Clause 2, Article 6 of the current Intellectual Property Law, the basis and time of arising of copyright for works are as follows:

  • Copyright arises as soon as a work is created and expressed in a specific material form, regardless of the content, quality, form, means or language of the work. This right still exists whether the work has been published or not, or has been registered or not.
  • Meanwhile, related rights are formed from activities such as performing, recording, filming, broadcasting or transmitting satellite signals carrying encrypted programs. However, related rights must be exercised without infringing upon copyright.

In addition, according to Clause 2, Article 49 of the Law on Intellectual Property, submitting an application for a Certificate of Copyright Registration or a Certificate of Related Rights Registration is not a mandatory procedure to enjoy copyright and related rights under the provisions of this Law.

It can be seen that signing a copyright is not a mandatory requirement. Copyright arises as soon as a work is created and expressed in a specific material form, regardless of content, quality, form, medium or language, and does not depend on whether the work has been published or registered. Therefore, immediately after completing the work, copyright will be automatically formed, even if the copyright registration procedure has not been carried out.

This is the difference compared to the protection of industrial property objects, such as trademarks, inventions, industrial designs, ownership of these objects only arises when the state grants a protection certificate.

Why is copyright protected without registration?

2.     What are the risks of not registering copyright for a work?

Legally, copyright and works are protected regardless of copyright registration. However, not registering copyright can lead to certain legal risks for the author.

First of all, without copyright registration, the work is easily copied or abused by others for profit. This causes the author to lose the legitimate rights in exploiting his work.

Second, not registering can also lead to disputes. If a work is copied and someone else registers the copyright first, the author will have to prove that he is the creator to protect his rights. However, this proof is not always easy, and many authors have encountered difficulties, even “lost” their work.

Finally, not registering copyright will make it difficult to exploit copyright. According to regulations, the author can transfer some of his rights to another party to receive benefits. However, the transferee often requires a certificate of copyright registration, a basic document to verify legal rights. Therefore, not registering will make other parties hesitant to accept the transfer of copyright.

3.     Copyright registration dossier

According to Article 39 of Decree 17/2023/ND-CP, the copyright registration dossier includes the following documents:

  • Copyright registration declaration: This declaration must be signed or fingerprinted by the author, copyright owner or related rights owner, except in cases where signing is not possible due to physical reasons.
  • Copy of work: 02 copies of the work (including electronic copies) or 02 copies of the fixed version of the performance, audio recording, video recording, or broadcast program must be submitted.
  • Authorization document: If the applicant is not the author or copyright owner, a written authorization from that person is required.
  • Documents proving ownership: Documents proving ownership must be provided, which can be originals or notarized or certified copies. This document may include a contract, inheritance, or assignment of rights.
  • Affidavit of Creativity: In case the author is not the copyright owner, a written pledge of self-creation and creativity according to the assignment decision is required, along with the contract or certificate of participation in the contest. The author is legally responsible for the content of the pledge.
  • Consent of co-authors: If the work has multiple co-authors, written consent of all co-authors is required.
  • Consent of co-owners: In case the copyright or related rights are jointly owned, written consent of all co-owners is required.
  • Consent of personal image: If the work uses another person’s image, written consent of that person is required according to the law.

Above is the article “Why is copyright protected without registration?” that VCD sent to you. We hope this article is useful to you.

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When authorizing copyright registration, does the authorization document have to be notarized?

In the field of intellectual property, copyright protection plays a very important role, especially in the context of a strongly developing knowledge economy. In reality, individuals or organizations are not always able to carry out copyright registration procedures on their own. This has led to the necessary need to authorize others to represent them. Therefore, the authorization document for copyright has become an essential legal tool, helping to ensure the rights and protect the interests of the author as well as the owner of the work. So, is that authorization document required to be notarized? The following article by VCD will help you.

  1.  What is an authorization document for copyright?

Authorization is an agreement between the parties according to which the authorized party will be obliged to perform work on behalf of the authorizing party.

Authorization is one of two forms of representation as prescribed by law as recorded in Article 135 of the 2015 Civil Code. Accordingly, the right to represent is established by authorization between the represented person and the representative or by decision of a competent state agency, by charter of the legal entity or by provisions of law.

According to Clause 2, Article 4 of the current Law on Intellectual Property, copyright is the right of an individual or organization to a work created or owned by them.

Therefore, a copyright authorization document is a legal document for an authorized individual or organization to carry out copyright registration procedures. When the author or owner of a work cannot or does not want to register copyright himself, he or she can authorize another person to do it on his or her behalf.

When authorizing copyright registration, does the authorization document have to be notarized?

2.   When authorizing copyright registration, does the authorization document have to be notarized?

According to Clause 1, Article 50 of the current Law on Intellectual Property, the author or copyright owner may directly or authorize another organization or individual to submit the application for copyright registration.

The copyright authorization document must have the following basic contents:

  • Full name and address of the authorizing party and the authorized party.
  • Content and scope of authorization.
  • Duration of authorization.
  • Date of authorization.
  • Signature and seal of the authorizing party (if any).

Pursuant to the provisions of Clause 6, Article 38 of Decree 17/2023/ND-CP on the application for copyright registration and related rights registration as follows:

Submission of application for copyright registration and related rights registration

6. In case of submitting an application for copyright registration and related rights registration through an authorization, the application must include an authorization document. The authorization document must specify the contact information of the authorizing party and the authorized party; the name of the work, performance, audio recording, video recording, broadcast program; the scope of authorization; the authorization period.

According to the above provisions, when registering copyright and related rights through authorization, the dossier must include an authorization document. In case the authorizing party is an organization, that organization must be a legal entity with its own seal to stamp and seal the authorization document.

In case the authorizing party is an individual, the authorization document must be certified in accordance with the provisions of law. Therefore, in case the authorizing party is an individual, the Decree stipulates that the authorization document must be certified in accordance with the provisions of law. This means that, although the authorization document does not necessarily have to be notarized in all cases, if the authorizing party is an individual, certification is mandatory.

Authentication helps confirm the legality and reliability of the document, protecting the rights of both parties in the process of exercising copyright. Authentication also facilitates related legal procedures, minimizing the risk of disputes that may occur later.

Therefore, when performing authorization in copyright registration, individuals need to pay attention to the authentication requirements to ensure that the authorization document fully complies with legal regulations, thereby facilitating the registration process and protecting their legal rights.

Currently, there are many copyright authorization forms shared online. However, using these forms to perform authorization is not a wise choice. Most of the content on the internet is often very general and lacks specificity. This can lead to a lack of clarity about the content of the authorization as well as the responsibilities of the parties involved. Therefore, to effectively protect rights, we need to build a suitable and detailed authorization document that meets legal requirements.

Above is the article ” When authorizing copyright registration, does the authorization document have to be notarized?” sent to you by VCD. We hope this article is useful to you.

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