Author: Editor VCD

Do heirs have the right to sue for copyright infringement?

Written by Editor VCD on 3 July, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Do heirs have the right to sue for copyright infringement?

When an author dies, copyright to their work does not completely terminate. In many cases, heirs still enjoy certain property rights and have the right to protect their legitimate interests related to the work. So, do heirs have the right to sue for copyright infringement? Let’s find out in this article!

Who are copyright heirs? What rights of the author are bequeathed?

Copyright heirs are individuals or organizations who inherit copyright according to a will or according to the provisions of the law on inheritance after the author’s death.

According to Article 40 of the Intellectual Property Law: “Organizations and individuals who inherit according to the provisions of the law on inheritance have ownership rights over copyright.”

This means that property rights belonging to copyright can be transferred to heirs and become part of the inheritance.

However, not all copyrights are left to heirs. Copyright law divides copyright into moral rights and property rights, each with different protection mechanisms.

Moral rights are not inherited.

According to Article 19 of the Intellectual Property Law, the moral rights of an author include:

The right to name the work;

The right to use their real name or pseudonym on the work;

The right to publish the work or allow others to publish the work;

The right to protect the integrity of the work.

Of these rights, the right to name the work and the right to have one’s name on the work are intrinsically linked to the author’s identity and cannot be transferred to others in any form.

Some moral rights remain protected by law even after the author’s death.

Clause 2, Article 27 of the Intellectual Property Law stipulates that rights such as the right to name the work, the right to have one’s name on the work, and the right to protect the integrity of the work are protected indefinitely.

This means that even after the author’s death, relatives or heirs can still request the competent authority to take action against acts of impersonation, alteration, abridgment, or distortion of the work that affect the author’s honor and reputation.

Property Rights Bequeathed Through Inheritance

Unlike personal rights, the property rights of an author can be transferred to their heirs.

According to Article 20 of the Intellectual Property Law, property rights include:

Creating derivative works;

Performing the work publicly;

Reproducing the work;

Distributing or importing the original or copies of the work;

Communicating the work to the public via wired, wireless, or internet means;

Renting the original or copies of cinematographic works or computer programs.

These are rights that generate economic benefits from exploiting the work. Therefore, after the author’s death, the heir can continue to manage, exploit, and permit others to use the work and enjoy the profits arising from these rights as stipulated by law.

Do heirs have the right to sue for copyright infringement?

An heir has the right to sue if the copyright they possess is infringed upon by another organization or individual.

According to Clause 1, Article 198 of the Intellectual Property Law, “The holder of intellectual property rights has the right to apply the following measures to protect their intellectual property rights.”

These measures include:

Requesting the cessation of the infringing act;

Requesting a public apology or correction;

Requesting compensation for damages;

Filing a lawsuit in court;

Requesting the state agency to handle the infringing act.

When inheriting copyright, the heir becomes the holder of the rights received and has the right to take measures to protect their legitimate interests, including filing a lawsuit.

Cases where heirs can file lawsuits

After inheriting copyright or property rights to a work, the heir has the right to request the competent authority to handle acts of infringement. In many cases, they can also file a lawsuit to seek compensation for damages and protect their legitimate rights.

Unauthorized copying of works

An individual or business arbitrarily copies books, paintings, articles, software, or other works without the permission of the copyright owner. If the property rights to the work have been legally inherited, the heir has the right to request action and file a lawsuit for compensation for damages.

Unauthorized commercial exploitation of works

In many cases, the works of a deceased person are still used for: printing; publishing; adaptation; online business. If this exploitation is not with the consent of the heir who owns the property rights, it may be considered an act of copyright infringement.

Distortion or modification of a work

Clause 4, Article 19 of the Intellectual Property Law stipulates that authors have the right to protect the integrity of their works.

Therefore, when there are acts such as: cutting or altering content; unauthorized modifications; distortion of the work; or actions affecting the author’s honor and reputation, the author’s heirs or relatives can request the competent authority to protect the author’s moral rights.

Unauthorized publication of a work

If the work has never been published before the author’s death and the right to publish has been transferred or belongs to the heirs, the unauthorized publication of the work by others may constitute copyright infringement.

The above is an article titled: ” Do heirs have the right to sue for copyright infringement?”. Understanding the scope of inherited rights, the legal basis, and the documents needed when filing a lawsuit will help heirs be more proactive in protecting the author’s intellectual property.

Sincerely,

FAQ

1. Can an heir sue when the author has passed away many years ago?

Yes. As long as the heir can prove that they are the rightful owner of the copyright or property rights to the work and that those rights are being infringed, they still have the right to request legal action or file a lawsuit according to the law.

2. Can an heir claim compensation for damages when copyright is infringed?

Yes. When the infringement and actual damages are proven, the heir can request the infringing party to compensate for damages, pay for legal fees and other reasonable expenses to protect their rights.

How long is the copyright protection for anonymous works?

Written by Editor VCD on 3 July, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on How long is the copyright protection for anonymous works?

In the field of copyright, not all published works clearly state the author’s name. In fact, many works are published anonymously or under pseudonyms, making it impossible for the public to identify the creator’s true identity. This raises the question: How long is the copyright protection for anonymous works? Let’s explore this in the article below.

What is an anonymous work?

Current intellectual property law does not provide a specific definition of “anonymous work.” However, it can be understood as a work published without the author’s real name or without the creator’s identity being identifiable.

Examples:

A book published without the author’s name;

A poem published anonymously;

An artwork published without disclosing the creator’s identity.

The publication of works anonymously can stem from various reasons such as protecting privacy, avoiding public attention, or simply the author’s personal choice.

Although the author’s identity is not disclosed, these works are still protected by copyright law if they meet the conditions for protection as stipulated.

Are anonymous works protected by copyright?

The fact that a work does not bear the author’s name or does not disclose the creator’s identity does not mean that the work is not protected by law.

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

This regulation shows that copyright arises from the creative process itself, and does not depend on whether the author publicly reveals their real name, uses a pseudonym, or chooses to publish the work anonymously.

In other words, as long as the work is created through the author’s intellectual labor and expressed in a certain physical form such as text, sound recording, drawing, image, music, or electronic data, copyright is established and protected by law.

In practice, many authors choose to publish their works anonymously for various reasons, such as:

Wanting to keep their personal identity secret;

Avoiding impact on their work or private life;

Wanting the public to focus on the content of the work rather than the creator;

Not wanting to publicly disclose ownership of the work at the time of publication.

Regardless of the reason for its origin, anonymous works are still protected by copyright under the Intellectual Property Law.

However, to be protected, the work must meet the following basic conditions:

It must be created directly by the author using their own effort and intellect;

It must be expressed in a tangible form that allows for identification, preservation, or reproduction;

It must not fall under the categories of works not protected by copyright as stipulated by law.

For example, a novel published without an author’s name, a poem published in a magazine anonymously, or a work of art published without revealing the creator’s identity can still be protected by copyright if it meets all the above conditions.

Furthermore, the fact that a work is published anonymously only affects the determination of the copyright holder and the duration of protection in certain cases, but does not negate the author’s copyright. Therefore, individuals or organizations using anonymous works still need to be aware of legal regulations to avoid copyright infringement and unnecessary legal disputes.

How long are anonymous works protected?

This is a question of great interest to many individuals and organizations when exploiting or using works whose authors cannot be identified.

According to Clause 2, Article 27 of the Intellectual Property Law: “The term of protection for property rights in anonymous works is 75 years from the date the work was first published.”

Therefore, for anonymous works, property rights will be protected for 75 years from the date the work was first published.

For example: An anonymous work is first published in 2025. At that time, property rights to the work will be protected until the end of 2100.

During the protection period, the exploitation, copying, distribution, or use of the work must comply with the provisions of copyright law.

The above is an article titled “How long are anonymous works protected?”. Hopefully, the above information has helped you better understand the copyright protection period for anonymous works, as well as how to determine the protection period in cases where the author’s identity is revealed after the work is published.

Sincerely,

FAQ

1. If the author of an anonymous work is later identified, how is the protection period calculated?

Once the author’s identity is determined, the protection period will no longer be based on 75 years from the date of publication. Instead, the protection period will be calculated according to general regulations, that is, for the author’s lifetime and 50 years after the author’s death.

2. After the protection period expires, can the anonymous work be used freely?

Yes. After the protection period expires, individuals and organizations can use the work without needing permission or paying royalties. However, it is still necessary to respect moral rights that are protected indefinitely, such as not impersonating the author, not distorting or affecting the integrity of the work.

How can one prove they are the author of a song?

Written by Editor VCD on 3 July, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights, Musical work. No Comments on How can one prove they are the author of a song?

In the music industry, copyright disputes are not uncommon. Many cases arise where a song becomes famous but controversy over its true authorship. The question then becomes: How can you prove you’re the author of the song? Let’s explore this in the article below!

How is the author of a song determined by law?

Before exploring how to prove authorship, it’s necessary to determine who is considered the author of a song.

According to Clause 1, Article 13 of the Intellectual Property Law: “The author is the person who directly creates the work.”

For a song, the author can be:

The composer of the music;

The lyricist;

A co-composer of both music and lyrics;

Multiple co-creators of the work.

It’s important to note that only those who directly create the creative content are recognized as authors. Those who contribute ideas, provide financial support, invest in production, or promote the song do not automatically have copyright to that work.

When does copyright for a song arise?

Many people believe that copyright registration is necessary. However, this is an inaccurate notion.

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

This means that copyright arises as soon as the song is composed and recorded in the form of a musical score, sound recording, computer file, or any other physical form. However, in the event of a dispute, the author still needs evidence to prove that they are the creator of the work.

How to prove you are the author of a song?

In reality, songwriters don’t always register their copyright immediately after completing a work. When disputes arise or someone else claims authorship, proving the creative process becomes especially important. Below are some commonly used legal grounds and practices for resolving copyright disputes.

Copyright registration certificate

This is one of the most legally valuable pieces of evidence. According to Article 49 of the Intellectual Property Law: “A copyright registration certificate or a related rights registration certificate is evidence proving ownership of copyright or related rights belonging to the certificate holder.”

Once a copyright registration certificate has been issued, the person named on the certificate will have a significant advantage if a dispute arises. Although registration is not a prerequisite for copyright, it is an effective way to prove ownership of a song.

Manuscripts and documents during the creative process

If copyright has not been registered, the composer can prove ownership with documents showing the song’s creation process.

Examples: Handwritten drafts; musical notation; computer-generated music files; versions edited over time; notes on creative ideas.

These documents can help prove that the creative process took place before the dispute arose.

Electronic data with creation dates

In the digital age, many songs are created and stored on computers or online platforms. Electronic data that can be used as evidence includes:

Emails sending the music;

Files stored on Google Drive;

Messages exchanged about the creative process;

Data stored on music production software;

File Editing Log

Information about the creation and editing times of a file can help prove when the creator completed the work.

Publication of the work on online platforms

Uploading a song to online platforms before others can also be important evidence.

For example: Uploading to YouTube, uploading to a personal website shared on social media, uploading to digital music distribution platforms.

If the system clearly records the upload time, this can be used to prove authorship in some cases.

Witnesses and supporting documents

The creator can also use witness testimony to prove the creative process of the work. Witnesses could be: colleagues, music producers, singers, people involved in the recording process, or people who witnessed the creation.

In addition, contracts, work records, or agreements related to the song can also be used as evidence.

If there is a dispute over song copyright, how will it be resolved?

When a dispute arises over copyright over a song, the parties can choose many different resolution methods depending on the nature and extent of the case. Choosing the appropriate option will help protect the author’s legal rights as well as save time and costs in resolving disputes.

Negotiate

This is the most time and cost saving option. The parties can jointly provide documents and evidence and agree on the copyright of the song.

Request competent authority to handle

If there is an act of copyright infringement, the author can request the authorities to apply remedial measures according to the provisions of law.

File a lawsuit in Court

According to Article 198 of the Intellectual Property Law, intellectual property rights holders have the right to sue to protect their legitimate rights and interests. During the dispute resolution process, the Court will consider all evidence related to the creation and use of the work to determine who is the true author of the song.

Above is the article ” How can one prove they are the author of a song?”. Preparing sufficient evidence not only helps confirm legal ownership of the work but also facilitates the process of handling copyright infringements according to the provisions of law.

Sincerely,

FAQ

1. What documents can be used to prove that I am the author of the song?

The author can use many types of evidence such as Certificate of Copyright Registration, handwritten manuscripts, music notes, music composition files on the computer, emails sending music, electronically stored data or documents showing the process of composing the work.

2. What should I do if someone claims to be the author of a song I composed?

The creator should collect and retain all documents proving the process of creating the work, and can request a competent authority to handle it or sue in court to protect his or her legitimate rights and interests according to the provisions of the Intellectual Property Law.

Are works of folk literature and art protected by copyright?

Written by Editor VCD on 3 July, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights, Lectures, addresses and other speeches. No Comments on Are works of folk literature and art protected by copyright?

Works of folk literature and art are an important part of the national cultural heritage, passed down through many generations in various forms such as fairy tales, folk songs, proverbs, folk music, traditional opera, folk dances, and other traditional art forms. However, because the specific author cannot be identified, many people wonder: Are works of folk literature and art protected by copyright? Let’s find out in the article below!

What are works of folk literature and art?

According to Clause 1, Article 23 of the Intellectual Property Law: “Works of folk literature and art are collective creations based on the traditions of a group or individuals to reflect the aspirations of the community, expressed by imitation or by other means.”

These are works created, preserved, and passed down within a community over many generations, often with no identifiable original author.

Some common types of folk literature and art include:

Fairy tales;

Fables;

Legends;

Folk songs and proverbs;

Chanting, rhyming, and folk music;

Folk performing arts;

Other traditional art forms.

These works not only possess artistic value but also reflect the cultural identity, customs, traditions, and spiritual life of the community.

Are folk literature and art works protected by copyright?

Many people believe that folk literature and art works such as folk songs, proverbs, fairy tales, and folk music are the common property of the community and therefore are not protected by copyright law. However, in reality, the Intellectual Property Law still has specific provisions to protect this special type of work, contributing to the preservation and promotion of the nation’s traditional cultural values.

According to Clause 1, Article 14 of the Intellectual Property Law, folk literary and artistic works are one of the types of works protected by copyright. Specifically, point a, Clause 1, Article 14 stipulates: “Folk literary and artistic works” are subject to copyright protection.

Thus, although the specific author cannot be identified, Vietnamese law still provides a protection mechanism for this special type of work to preserve and promote the nation’s traditional cultural values.

Unlike ordinary works, folk literary and artistic works are not owned by a single individual.

Because these works are created through collective efforts and passed down through generations, their protection primarily aims to:

Preserve traditional cultural values;

Prevent the distortion of the work’s content;

Restrict exploitation and use contrary to the public interest;

Encourage the preservation and promotion of national cultural heritage.

This is also why the law has specific regulations regarding the use of this type of work.

What regulations must be followed when using folk literary and artistic works?

Although folk literary and artistic works are widely circulated within communities and their authors are not specifically identified, this does not mean that any individual or organization can use them arbitrarily. Intellectual property law has established certain principles to ensure that the exploitation of folk works does not affect the traditional cultural values of the nation.

Clause 2, Article 23 of the Intellectual Property Law stipulates: “Organizations and individuals, when using folk literary and artistic works, must cite the origin of that type of work and ensure the preservation of the authentic value of the folk literary and artistic work.”

This means that when exploiting or using folk works, individuals and organizations need to fulfill the following obligations:

Clearly state the source of the work

When using folk works in books, performances, research, or other media products, the source of the work must be clearly stated.

Examples: Quan Ho folk songs of Bac Ninh; Hue folk songs; Vietnamese fairy tales; Vi and Giam folk songs of Nghe Tinh.

Acknowledging the source contributes to respecting the cultural values of the community that created and preserved the work.

Don’t distort the content of the work

Users are not allowed to arbitrarily modify, distort, or falsify the content in a way that negatively affects the cultural and historical significance of the work.

Examples:

Changing the content of legends in a way that offends the community;

Transforming folk songs into products with offensive content;

Using folk works to convey false information.

These actions may be subject to legal action.

Is it possible to register copyright for folk literary and artistic works?

Generally, it is not possible to register copyright for the original folk work itself because the specific author or copyright owner cannot be identified. However, an individual or organization can register copyright for their new creation based on folk material.

Examples:

Adapting fairy tales into film scripts;

Compiling a collection of folk songs with creative elements;

Staging a new artistic program from folk material;

Creating works of art based on traditional motifs.

In this case, copyright only arises for the new creation and does not include the existing folk content.

The above is an article titled ” Are works of folk literature and art protected by copyright?”. Hopefully, the above information has helped you better understand the protection mechanism for folk literary and artistic works, as well as the regulations to comply with when exploiting and using this special type of work.

Sincerely,

FAQ

1. When using folk literary and artistic works, is it necessary to cite the source?

Yes. Clause 2, Article 23 of the Intellectual Property Law stipulates that organizations and individuals, when using folk literary and artistic works, must cite the origin of the work and ensure the preservation of its authentic value. Clearly stating the source shows respect for the community that created and preserved the work.

2. Are adaptations of fairy tales or folk songs protected by copyright?

Yes. If the adaptation, compilation, or staging has its own creative elements, then the newly created content will be protected by copyright according to the law. However, the scope of protection only applies to the original creation, excluding existing folk content.

Do studios need permission to use clients’ photos for advertising?

Written by Editor VCD on 23 June, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Do studios need permission to use clients’ photos for advertising?

In the photography service business, using client photos as advertising material is a marketing method adopted by many studios. However, personal images are protected by law, and exploiting them for commercial purposes is not always permitted freely. So, do studios need permission to use client photos for advertising? Let’s explore the relevant legal regulations in the article below.

Are personal images protected by law?

To determine whether a studio has the right to use client photos for advertising purposes, it’s first necessary to understand that personal images are protected by law. This is not only a matter of privacy but also relates to honor, dignity, and fundamental personal rights of each individual.

According to Article 32 of the 2015 Civil Code, individuals have the right to their own images. This regulation affirms that each individual has the right to control the use of their personal image and decide who is allowed to exploit, publish, or use their image in specific cases.

Furthermore, Clause 1, Article 32 of the Civil Code stipulates that the use of an individual’s image must be with their consent, except for certain exceptions prescribed by law. This means that not just anyone who possesses a photograph has the right to freely upload, distribute, or use that image for their own purposes, especially commercial purposes.

The purpose of this regulation is to protect the privacy, honor, dignity, and reputation of individuals from the risk of their images being used without their consent. In practice, the use of images without the consent of the person whose image is used can have many negative consequences, such as affecting personal life, work, social relationships, or even causing mental and material losses.

Regarding studio photography, although the studio provides the service, owns the photographic equipment, and directly creates the image files, this does not mean the studio has the exclusive right to use the client’s images for any purpose. Clients still retain the right to their own images, and this right is protected by law independently of copyright in the photographic work.

Do studios need permission to use clients' photos for advertising?

Do studios need permission to use client photos for advertising?

After understanding that personal images are protected by law, a question many people are concerned about is whether studios can arbitrarily use client photos to promote their services. This is a frequently arising dispute in practice, especially when client images appear on fan pages, websites, or advertising campaigns without their knowledge.

Clause 2, Article 32 of the Civil Code stipulates: “The use of an individual’s image must be with their consent.”

Advertising is the use of images for commercial purposes, introducing products or services to customers. Therefore, when a studio posts customer photos on its fan page, website, flyers, advertising banners, or other media channels to promote its services, it must, in principle, obtain the consent of the person whose image is used.

This consent can be expressed in writing, through a contract, text message, email, or other forms of proof depending on the case. Without the customer’s consent, using the image for advertising purposes may be considered an infringement of the individual’s image rights.

Many studios believe that because they directly took the photos, they have the right to use the photo set to promote their services. However, this is not entirely accurate. The photography contract and the right to use the image are two different legal issues. A customer hiring a studio to take photos only signifies their consent to the creation of the requested photo set. This does not automatically mean that the client consents to the studio using their images for advertising or commercial purposes.

If the studio wishes to use client photos to promote its services, it should include a separate clause in the contract or written agreement specifying the scope of image use. This is especially important for wedding photos, personal photos, family photos, or children’s photos, as these are highly private images.

What legal consequences can a studio face if it uses customer photos without permission?

Unauthorized use of personal images can lead to numerous legal consequences. According to the Civil Code, the person whose image is used has the right to request:

Cessation of the use of the image;

Removal of the posted image;

A public apology and correction;

Compensation for material or emotional damages if the use of the image causes harm.

In some cases, the offending individual or organization may also face administrative penalties if the unauthorized use of the image affects the legitimate rights and interests of others.

Besides legal sanctions, improper use of customer photos can also damage the studio’s reputation, brand, and customer trust.

What should a studio do to legally use customer photos?

To avoid disputes and protect the rights of both parties, the studio should take the following measures:

Clear agreement in the contract

In the client photography contract, the studio should include a separate clause clearly stipulating:

Whether the studio is allowed to use the photos for advertising;

The scope of image use;

The duration of use;

The permitted media channels for posting;

The client’s right to request the removal of images.

Obtain client consent in writing

If the contract does not mention advertising, the studio should seek the client’s consent before posting the images. Having written or text message consent will help limit disputes later.

Respect client privacy

For wedding photos, children’s photos, family photos, or highly personal photos, the studio needs to be especially careful when using them for promotional purposes. Even if permission is granted to use images, exploitation should be within the scope agreed upon by the client.

The above is an article titled “Do studios need permission to use clients’ photos for advertising?”. To avoid legal risks and build long-term credibility, studios should proactively agree with clients on image usage rights from the moment the contract is signed.

Sincerely,

FAQ

1. Does a client hiring a photographer automatically mean they are giving permission for the studio to use the photos for advertising?

No. Hiring a photographer only signifies consent to use the photography service. If the studio wants to use the client’s images for advertising or commercial purposes, they need separate consent or a clear provision in the contract.

2. How can a studio legally use client photos?

Studios should clearly agree on image usage rights in the photography contract or obtain written confirmation via email or text message before publishing images for advertising purposes. This helps to limit disputes and protect the rights of both parties.

Do I need permission from the author to perform a song at a cafe?

Written by Editor VCD on 23 June, 2026. Posted in Announcement, Copyright-related rights, Musical work. No Comments on Do I need permission from the author to perform a song at a cafe?

Acoustic nights and live music performances at cafes are becoming increasingly popular. Many cafe owners believe that singers performing covers of popular songs are simply for customer enjoyment and therefore don’t need to ask permission from the author. However, from an intellectual property law perspective, using musical works for public performance may incur the obligation to obtain permission and pay royalties. So, Do I need permission from the author to perform a song at a cafe? Let’s find out in the article below!

What is considered a song performance at a cafe?

A song performance at a cafe is an activity where singers, bands, musical groups, or individuals directly present musical works to customers at the cafe. This form of performance can take many different forms such as acoustic nights, live music, mini-shows, cultural exchanges, or regularly organized performances to attract customers.

Currently, many cafes choose to organize musical performances as a way to highlight their business. Whether the program is held regularly or only on special occasions, whether customers have to buy tickets or simply use the cafe’s services to enjoy the music, this is still considered an activity that brings musical works to the public.

According to Clause 1, Article 20 of the Intellectual Property Law, the right to perform a work before the public is one of the property rights that are exclusive to the author or copyright owner. This means that using a song to perform at a cafe is not simply an entertainment activity but also an act of exploiting a work protected by law.

The concept of “performing before the public” is understood as presenting a work in a place where many people can access and enjoy that work, outside of the family or close circle of acquaintances. Coffee shops are businesses open to customers, so musical performances held there are generally considered public performances of works as defined by law.

In reality, many shop owners believe that singers performing cover versions of popular songs is simply to entertain customers or create a pleasant atmosphere, and therefore doesn’t involve copyright issues. However, even without charging separate fees for music or extensive advertising, performances can still bring commercial benefits to the shop by attracting customers, increasing revenue, and enhancing brand value. Therefore, the use of copyrighted songs in performances at coffee shops needs to be considered from an intellectual property law perspective.

Therefore, before organizing live music nights or performances, cafe owners need to thoroughly research the regulations related to copyright to ensure that the exploitation of musical works is done legally, avoiding the risk of disputes or copyright infringement penalties.

Do I need permission from the author to perform a song at a cafe?

Does performing a song at a coffee shop require the author’s permission?

It is becoming increasingly popular for cafes to organize acoustic music nights, perform live music or invite singers to interact. However, besides the artistic and customer experience factors, many restaurant owners still wonder whether using famous songs in these programs requires permission from the author or not.

According to point b, clause 1, Article 20 of the Intellectual Property Law, the property rights of the author and copyright owner include the right to perform the work in public. This means that only the author or copyright owner has the right to allow others to use the work for public performance.

In addition, Clause 3, Article 20 of the Intellectual Property Law stipulates that when organizations and individuals exploit or use property rights to works, they must obtain permission from the copyright owner and fulfill the obligation to pay royalties, remunerations or other material benefits according to regulations.

Therefore, when a coffee shop organizes a music program and uses songs that are protected by copyright, the shop owner or organizer must in principle ask for permission from the copyright owner or the copyright collective representative organization authorized to manage those works.

In fact, many people believe that only ticketed shows have the obligation to ask for permission from the author. However, the law does not limit the concept of public performance to paid commercial events.

As long as the musical work is performed in a location accessible to the public, such as a coffee shop, tea room, performance stage or public event, the activity can be considered a public performance. Therefore, even though customers do not have to buy tickets to enjoy the program, the cafe may still have to fulfill obligations related to copyright according to the law.

Does the coffee shop owner or singer have to ask permission when a song is performed in a coffee shop?

Who is responsible for asking permission to use a musical work depends on the entity organizing and exploiting the performance program. In fact, this obligation often belongs to the event organizer or performance venue business unit.

For music nights organized by coffee shops, the shop owner is often the one who invites singers and bands to perform to serve customers or attract guests to the shop. In this case, the restaurant owner or program organizer is usually the subject who requests permission to use the work and pays royalties to the copyright owner according to the provisions of law.

Currently, licensing procedures to use musical works are often carried out through collective copyright representative organizations authorized to manage rights, helping users of the work not have to directly contact each individual author or copyright owner.

However, not all cases are responsible for the shop owner. If a singer, band or individual performer organizes their own program or exploits their work for business or profit purposes, they may also have to fulfill their own obligations to ask for permission and pay royalties. In case of using a work without the consent of the copyright owner, the violating individual or organization may be held legally responsible according to current regulations.

Above is the article ” Do I need permission from the author to perform a song at a cafe?”. Complying with copyright regulations not only helps avoid legal risks but also shows respect for the creative efforts of musicians and work owners.

Sincerely,

FAQ

1. Which songs do not require permission from the author when performing?

Works whose copyright has expired or are in the public domain may be used without permission. However, users still need to respect the author’s personal rights according to the law.

2. What legal issues should you keep in mind when organizing an acoustic music night at a coffee shop?

In addition to complying with copyright regulations for performed songs, organizers also need to pay attention to regulations related to artistic performance activities, contracts with artists and other legal obligations, if any.

What copyright precautions should I take when selling music beats online?

Written by Editor VCD on 23 June, 2026. Posted in Announcement, Copyright Registration, Musical work. No Comments on What copyright precautions should I take when selling music beats online?

In the digital age, creating and selling music beats on online platforms is becoming increasingly popular. Many producers, musicians, and music producers choose to sell beats on websites, social media, or specialized music platforms to generate income. However, not everyone fully understands the legal regulations related to copyright when selling music beats online. So, what should you keep in mind regarding copyright when selling music beats online? Let’s find out with VCD in the article below!

Are music beats protected by copyright?

Before selling music beats, it’s crucial to determine whether the beat is legally protected.

According to Clause 1, Article 14 of the Intellectual Property Law, musical works are one of the objects protected by copyright. Therefore, musical products created from creative activities, including music beats, can be protected by law if they meet the prescribed conditions.

A music beat is generally understood as the background music, harmony, or arrangement created for the composition, recording, and performance of a song. It is the result of the creative work of a producer, musician, or music producer. If a beat is created independently, bears its own creative mark, and is expressed in a tangible form such as an audio file, digital recording, arrangement, or handwritten sheet music, it can be considered a musical work and is protected by copyright.

According to the law, copyright arises from the moment the work is created and expressed in a tangible form, regardless of publication or copyright registration. This means that as soon as the producer completes the music beat and saves it as a file or recording, copyright automatically arises.

However, in practice, many individuals and organizations still choose to register copyright for music beats to provide proof of ownership in case of disputes. A copyright registration certificate can be crucial evidence to help owners protect their rights against unauthorized copying, use, or exploitation of beats on the internet.

Therefore, the creator of a music beat has full rights to the product they create and the right to decide whether to allow others to use, exploit, or commercialize that music beat according to the provisions of the Intellectual Property Law.

What copyright precautions should I take when selling music beats online?

What rights does a music beat seller have?

As the legal owner of a music beat, the creator has the right to decide on the exploitation and use of the work.

According to Article 20 of the Intellectual Property Law, copyright owners have property rights over their work, including:

Creating derivative works;

Performing the work publicly;

Copying the work;

Distributing and importing for distribution to the public;

Communicating the work to the public by wired, wireless, or electronic information networks;

Renting the original or copies of the work in certain cases as stipulated by law.

This means that the legal owner of the music beat has the right to decide on the sale, transfer, licensing, or commercial exploitation of that beat. Others are not allowed to use, copy, or commercialize the beat without the consent of the copyright owner.

Selling music beats online, what should you keep in mind about copyright?

To limit disputes and legal risks, music beat dealers need to pay attention to the following important issues.

Don’t use beats copied from others

This is the most important principle when selling music beats. Many people take beats available on the internet, edit some details and then sell them as their own products. However, editing does not take away the rights of the owner of the original work. Therefore, you should only sell beats that you created yourself or that have been legally permitted for commercial exploitation by the copyright owner.

Clarify the buyer’s usage rights

Not every beat sale transaction means a complete transfer of copyright.

Before selling the beat, the parties should clearly agree to what extent the buyer can use the beat, whether it can be released commercially or not, and whether it can be edited or transferred to others or not. Specific regulations in contracts or licensing terms will help limit future disputes.

Don’t sell exclusively to many people

Currently, music beats are often sold in two forms: exclusive and non-exclusive.

If exclusive rights have been transferred or licensed to one customer, the seller should not continue to sell the same beat as an exclusive to others. This behavior can lead to contract disputes and liability for damages.

Carefully check the samples used in the beat

Many producers use samples or existing audio clips to create new beats. However, not all samples on the internet are allowed to be used for commercial purposes. Therefore, before posting beats for sale, you need to carefully check the source and terms of use of the samples to avoid the risk of copyright infringement.

You should register copyright for music beats

Although not required, copyright registration still brings many benefits to music beat dealers. Copyright registration certificates can help owners easily prove ownership, handle illegal copying and protect rights when disputes arise in the online environment.

The above article is ” What copyright precautions should I take when selling music beats online?”. Understanding the provisions of the Intellectual Property Law will help producers and music beat dealers effectively exploit the commercial value of their works, while minimizing legal risks during their operations.

Sincerely,

FAQ

1. Does beat music need copyright registration to be protected?

Are not. According to the Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain material form. However, registering copyright will help the owner more easily prove ownership when a dispute arises.

2. How can selling beats copied from others be handled?

People who copy or exploit other people’s music beats without permission may be required to remove the infringing content, stop the infringing act, pay compensation for damages, and be fined according to the law on intellectual property.

Who owns the copyright, the photographer or the person who hired them?

Written by Editor VCD on 18 June, 2026. Posted in Announcement, Cinematographic work, Copyright Registration. No Comments on Who owns the copyright, the photographer or the person who hired them?

Currently, hiring photographers to take product photos, portraits, advertisements, or event photos is very common. However, after the photos are completed, many people assume that the person who paid for the photoshoot is automatically the copyright owner. In reality, this is not that simple because intellectual property law distinguishes between the author and the copyright owner. So, who is the copyright owner the photographer or the person who hired the photographer? Let’s explore this in the article below.

Are photographic works protected by copyright?

From portraits, product photos, advertisements to art photos, each photograph can have its own commercial and creative value. Therefore, many people wonder whether photographs are protected by copyright law and when this right arises.

According to Clause 1, Article 14 of the Intellectual Property Law, photographic works are one of the types of works protected by copyright law. This means that photographs created through human creativity are protected against unauthorized copying, use, or exploitation.

A photographic work is understood as a product created by recording images through a camera or similar devices. A photograph is not simply a recording of objects or phenomena, but also reflects the photographer’s creativity through the choice of camera angle, composition, lighting, color, timing, and many other artistic elements. These creative elements are the basis for copyright protection of photographic works.

According to the law, copyright for a photographic work arises from the moment the work is created and expressed in a certain physical form. This means that as soon as the photograph is stored as a digital image file, a printed photograph, or any other tangible storage method, copyright is automatically established. This protection does not depend on whether the work has been published or not, nor does it require copyright registration.

However, in practice, copyright registration for photographic works is still chosen by many individuals, photographers, and businesses. A copyright registration certificate is an important basis for owners to prove their rights in case of disputes or when they discover others using their images illegally. It also provides a favorable basis for requesting competent authorities to handle copyright infringements.

Therefore, whether it’s a portrait, product photo, advertising photo, event photo, or artistic photo, if it is created through legitimate creative activity and expressed in a certain physical form, it can be protected by copyright under the provisions of the Intellectual Property Law.

Who owns the copyright, the photographer or the person who hired them?

This is a common source of confusion in practice, as many people assume that the person who directly takes the photograph is automatically the copyright owner. However, according to the Intellectual Property Law, a clear distinction must be made between the author and the copyright owner.

The author is the person who directly creates the work. For photographic works, the person who chooses the shooting angle, composition, lighting, and timing, and directly creates the photograph, is generally considered the author. Meanwhile, the copyright owner is the individual or organization that holds the property rights to the work, including the right to copy, distribute, publish, commercially exploit, or permit others to use the work.

According to Article 39 of the Intellectual Property Law, the organization or individual that commissions or contracts with the author to create a work is the copyright owner of that work, unless the parties agree otherwise. This means that if a business hires a photographer to take product photos for advertising purposes, or an individual hires a photographer to take a series of photos under a service contract, the hiring party may be the owner of the property rights to the photos after the work is completed.

However, the hiring party becoming the copyright owner does not negate the photographer’s authorship. The photographer is still recognized as the direct creator of the work and still enjoys moral rights as stipulated by law, such as the right to have their name mentioned on the work or the right to be recognized as the author of the photograph.

In addition, Article 39 of the Intellectual Property Law also allows for other agreements between the parties regarding ownership rights. Therefore, if the contract stipulates that the copyright to the photograph remains with the photographer or that both parties jointly own the work, that agreement will take precedence. This is also why many commercial photography contracts today include very detailed clauses regarding copyright and image usage rights.

It can be seen that the photographer is not always the copyright owner, and the client does not automatically have full rights to the work. Determining who owns the copyright depends on legal regulations and, especially, the content of the agreement between the parties in the photography contract.

The above article is titled “Who owns the copyright, the photographer or the person who hired them?“. When providing photography services, the parties should have a clear agreement on ownership and scope of use of the work to minimize potential legal disputes in the future.

Sincerely,

FAQ

1. Does the photographer still have rights to the photograph after handing it over to the client?

Yes. Although the property rights may belong to the client under the contract, the photographer is still recognized as the author of the work and enjoys moral rights as stipulated by the Intellectual Property Law, except in certain cases where the law provides otherwise.

2. Is it necessary to sign a contract when hiring a photographer to avoid copyright disputes?

Yes, it is. A contract is an important basis for determining the rights and obligations of the parties, including ownership of the work, scope of use of the photograph, editing rights, commercial exploitation rights, and other related content. Signing a clear contract will help minimize disputes over photographic copyright.

How is product packaging plagiarism handled?

Written by Editor VCD on 11 June, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on How is product packaging plagiarism handled?

Product packaging not only protects goods but is also a crucial brand identity tool. A unique packaging design helps businesses make an impression on customers, enhance product value, and increase competitive advantage in the market. However, copying, imitating, or plagiarizing the packaging of famous brands is quite common. So, how is product packaging plagiarism handled? Let’s find out in the article below!

What is product packaging plagiarism?

Product packaging plagiarism is the act of copying or using design elements on the packaging of another product to create similarity in form, color, layout, images, style, or identifying marks to mislead consumers.

In reality, plagiarism can appear in many forms such as:

Copying almost the entire packaging design;

Imitating the main colors of a well-known product;

Using similar images and patterns;

Designing product labels with a layout similar to a popular product;

Using identifying marks that are easily confused with other brands.

The purpose of plagiarism is often to leverage the reputation, prestige, and recognition of an existing product to attract customers or increase sales.

Signs of packaging plagiarism

A product may be suspected of packaging plagiarism when it exhibits signs such as:

Main colors closely resembling a well-known product;

Similar layout;

Fonts, images, or symbols that are easily confused;

Packaging shape similar to a protected product;

Overall design that gives the impression of being a product of the same brand or related to a well-known brand.

When assessing infringement, authorities typically consider the overall potential for consumer confusion rather than comparing individual details.

How is product packaging imitation handled?

Product packaging imitation not only affects the legitimate rights and interests of the owner but also confuses consumers and distorts the competitive environment in the market. Depending on the nature, extent of the infringement, and the consequences, organizations and individuals engaging in packaging imitation may face one or more of the following legal sanctions:

Compulsory cessation of infringement

The owner of intellectual property rights has the right to require the infringing organization or individual to:

Cease production of infringing goods;

Cease advertising the product;

Recall the product from the market;

Remove the infringing element from the packaging.

This is a fairly common measure applied to limit the resulting damage.

Civil compensation for damages

According to Article 202 of the Intellectual Property Law, the rights holder may request the Court to compel the infringing party to compensate for damages caused by the infringement.

Compensation may include:

Material damages;

Damage to reputation and prestige;

Legal fees;

Costs of preventing and addressing the infringement.

Administrative Penalties for Infringement

According to Decree 99/2013/ND-CP, acts of infringement of industrial property rights may be subject to administrative penalties with various fines depending on the nature and severity of the violation.

In addition to fines, the infringing individual or organization may also be subject to remedial measures such as:

Forced destruction of infringing goods;

Forced removal of infringing elements;

Forced recall of products;

Forced return of profits obtained from the infringement.

Criminal liability

In serious cases, intellectual property infringement may be subject to criminal prosecution under the provisions of the Penal Code.

In particular, if the production or sale of goods with counterfeit packaging aims to impersonate a trademark or cause significant damage to the rights holder, the infringer may face more severe penalties.

What should businesses do to protect their product packaging?

In an increasingly competitive market, packaging not only serves the function of containing the product but also acts as a tool for brand recognition and attracting customers. Therefore, proactively protecting intellectual property rights related to product packaging is a crucial solution to help businesses limit the risk of copying, imitation, or exploitation of brand reputation. To effectively protect product packaging, businesses should implement the following measures:

Register trademarks early on

Brand names, logos, slogans, or other identifying marks appearing on packaging should be registered as trademarks as early as possible. Once granted protection, businesses will have a solid legal basis to take action against unauthorized or misleading use in the market.

Industrial design registration for packaging designs

If the packaging has a creative and distinctive shape, structure, or external design, businesses should register the industrial design. This is an effective measure to protect the unique elements of the packaging, preventing competitors from copying or imitating the design for unfair competition.

Copyright registration for applied artworks

Many product packaging designs feature highly creative images, patterns, layouts, or graphic elements. In this case, businesses can register copyright for the applied artwork to enhance protection and make it easier to prove ownership in case of disputes.

Building a consistent brand identity system

In addition to registration procedures, businesses need to invest in building a professional and consistent brand image across their entire product range. A highly recognizable brand helps consumers easily distinguish genuine products from counterfeits, while reducing the risk of competitors exploiting the situation to cause confusion.

Regularly monitor the market and online sales channels

Market monitoring should be carried out regularly to promptly detect products showing signs of copying or imitating packaging. Businesses should monitor e-commerce platforms, social media, retail stores, and distribution systems to detect violations early.

Proactively seek action when detecting infringement

When detecting counterfeit products, businesses should not hesitate but should quickly gather evidence and take measures to protect their rights, such as sending warning letters, demanding an end to the infringing behavior, requesting authorities to take action, or filing a lawsuit if necessary. A timely response will help limit damage and prevent the spread of infringement.

Collaborating with a professional intellectual property consulting firm

For businesses with multiple product lines or operating on a wide scale, utilizing legal and intellectual property consulting services will help build a comprehensive protection strategy, from intellectual property registration to dispute resolution and long-term brand protection.

The above is an article titled “How is product packaging plagiarism handled?”. Building an intellectual property protection strategy from the outset not only helps businesses minimize the risk of packaging copying but also contributes to protecting brand value, enhancing competitiveness, and creating a foundation for sustainable development in the market.

Sincerely,

FAQ

1. How to determine if product packaging has been counterfeited?

Packaging can be considered counterfeit when it copies or imitates characteristic elements of another product, such as shape, color, layout, logo, images, or identifying marks, causing consumers to be confused about the commercial origin of the product. The assessment should be based on the degree of similarity and the potential for confusion in practice.

2. What should businesses do if they discover counterfeit packaging?

Upon discovering counterfeiting, businesses should quickly gather evidence such as product images, purchase invoices, intellectual property protection documents, and submit a request to cease the infringement. If necessary, businesses can request administrative action from the authorities or file a lawsuit in court to claim compensation for damages.

Is ebook copyright registration mandatory?

Common mistakes when registering ebook copyrights

Written by Editor VCD on 11 June, 2026. Posted in Announcement, Copyright Registration, Written works. No Comments on Common mistakes when registering ebook copyrights

Although the ebook copyright registration procedure isn’t overly complicated, many individuals and organizations still make mistakes that lead to rejected applications, prolonged processing times, or reduced protection effectiveness. So, what are some common mistakes when registering ebook copyright? Let’s explore this further in the article below to avoid making these errors!

Is ebook copyright registration mandatory?

According to Clause 1, Article 6 of the 2022 Intellectual Property Law: “Copyright arises from the moment the work is created and expressed in a certain physical form, regardless of content, quality, form, medium, language, whether published or unpublished, registered or unregistered.”

This means that ebook authors are still protected by law as soon as the work is completed. However, copyright registration offers several important benefits, such as:

Creating legal evidence of copyright ownership;

Facilitating the handling of illegal copying and distribution of ebooks;

Minimizing ownership disputes;

Supporting the transfer and licensing of ebook exploitation.

According to Article 49 of the Intellectual Property Law, a copyright registration certificate serves as proof of copyright and related rights in case of disputes. Therefore, proactively registering ebook copyright is essential.

Common mistakes when registering ebook copyrights?

Registering ebook copyright may seem simple, but if done incorrectly, it can cause many difficulties for owners in exploiting and protecting their rights. Below are some common mistakes many people make.

Mistake 1: Believing that ebooks posted on the internet do not need copyright registration

This is a fairly common misconception among many authors. Many people believe that simply uploading ebooks to websites, personal blogs, or e-book marketplaces automatically provides absolute protection. In reality, copyright is automatically generated, but in the event of a dispute, the owner must prove their authorship or legal ownership. Without a Copyright Registration Certificate, the process of proving authorship can be more time-consuming and costly.

Solution: Immediately after completing the ebook, the author should register their copyright to have a clear legal basis in case of unauthorized copying or distribution.

Mistake 2: Confusing ideas with protected works

Many people believe that simply having an idea for a book or an outline of the content is enough to register copyright. However, according to the law, copyright only protects the form of expression of the work, not the idea, method, process, or concept.

Examples:

The idea of writing an ebook about online business is not protected.

Only ebook content that has been fully written in PDF, EPUB, or Word format can be protected by copyright.

Solution: Only submit the registration application when the ebook is a completed work with clear content and can be copied and stored.

Mistake 3: Incorrect author or owner information

This is one of the common reasons why registration applications are required to be amended or supplemented. Some common cases:

Incorrect author’s full name;

Missing co-authors;

Confusion between author and copyright owner;

Failure to prove ownership of the work.

According to Intellectual Property Law, the author is the person who directly creates the work, while the copyright owner can be an individual, business, or organization to whom the rights have been transferred.

Solution: Before submitting the application, carefully review the author’s personal information, the contribution ratio of co-authors (if any), and documents proving ownership of the ebook.

Mistake 4: Not preparing sufficient documents proving ownership

For ebooks created under writing contracts, assignments, or copyright transfers, the lack of supporting documents is a very common mistake.

Examples:

Businesses hire freelancers to write ebooks but do not sign a contract;

There is a contract but it does not clearly stipulate the transfer of copyright;

Lack of written consent from co-authors.

In this case, the competent authority may request additional documents or refuse to issue the Certificate.

Solution: Prepare all relevant documents, including the work creation contract, copyright transfer contract, co-author commitment or agreement, and documents confirming legal ownership.

Mistake 5: Submitting the wrong type of work

Ebooks can belong to many different types of works depending on their content. According to Article 14 of the Intellectual Property Law, protected works include:

Literary works;

Scientific works;

Textbooks;

Lectures;

Applied art works;

Journalistic works and other types.

Many people register ebooks but declare the wrong type of work, leading to multiple revisions to the application.

Solution: Accurately determine the nature of the ebook before submitting the application. If necessary, consult an intellectual property expert to choose the appropriate type.

Mistake 6: Editing the ebook after registration but not saving the original file

Some authors frequently update the ebook content after copyright registration.

Although editing is normal, failing to retain the original registered copy makes it difficult to prove the original protected version in case of a dispute.

Solution: It is advisable to retain the original registered file; the initial draft; the editing history; and emails related to the creative process. These are crucial pieces of evidence to protect your rights in case of a dispute.

Mistake 7: Registering only copyright while neglecting other intellectual property rights

Many ebooks contain not only text content but also: brand names; logos; illustrations; and book cover designs. In this case, registering only the ebook’s copyright may not be sufficient.

Examples:

The ebook title may need to be registered as a trademark;

A unique cover design may need to be registered as an industrial design or copyright for applied art works.

Solution: Develop a comprehensive protection strategy, combining: Copyright registration; Trademark registration; industrial design registration (if conditions are met).

Mistake 8: Waiting until it’s copied to register

Many authors only think about registering copyright when they discover their ebook has been illegally posted on websites or social media. At this point, dealing with infringement is often more difficult because more evidence needs to be gathered to prove ownership.

Solution: Registering copyright immediately after completing the ebook is a proactive solution that helps protect rights and saves time in resolving disputes later.

Registering ebook copyright is not a mandatory procedure, but it is an important legal measure to protect creative achievements in the digital environment. Mistakes such as providing incorrect author information, submitting incomplete documents, misclassifying the type of work, or delaying registration can reduce the effectiveness of protection and cause difficulties in case of disputes. Therefore, authors and businesses should thoroughly understand legal regulations, prepare complete documentation, and register early to maximize the protection of their legal rights and interests.

The above is an article titled “Common mistakes when registering ebook copyrights.” Hopefully, the above information will help authors and businesses be more proactive in protecting their intellectual property and minimizing future disputes.

Sincerely,

FAQ

1. Is it possible to register copyright for an ebook idea?

No. The law only protects the form of expression of a work, not the idea itself. Therefore, the ebook needs to be completed in a specific form such as a Word file, PDF, or EPUB before proceeding with the registration process.

2. What should be noted when registering an ebook with multiple co-authors?

In the case of ebooks created by multiple people, the registration application must include full information about all co-authors and a written agreement on ownership of the work to avoid future disputes.