Author: Editor VCD

In practice, it’s quite common for authors or copyright owners to register copyrights on their behalf instead of directly submitting the application, especially when they lack legal knowledge or find it inconvenient to travel. However, many people still wonder whether registering copyright on behalf of someone else is legal. This VCD article will help you understand better.

Does the law allow registering copyright on behalf of someone else?

Current law does allow registering copyright on behalf of someone else; however, this registration is only legal if the person performing the procedure is legally authorized by the author or copyright owner.

Based on Clause 1, Article 50 of the 2005 Intellectual Property Law, the entities entitled to file copyright registration applications include:

• Authors

• Copyright owners

• Legally authorized representatives

This regulation clearly shows that the law does not require authors or copyright owners to file applications in person, but allows them to do so through authorized representatives. This is consistent with the reality that many individuals or organizations do not have the means to directly carry out administrative procedures.

In addition, according to Article 38 of Decree 17/2023/ND-CP, copyright registration applications can be filed by authorized representatives, provided that documents proving the right of representation are included.

When registering copyright on behalf of someone else, is a power of attorney required to be submitted with the application?

After determining that the registration is legal, the next important legal issue is what conditions the power of attorney must meet to be considered valid.

According to Article 38 of Decree 17/2023/ND-CP, in cases where the applicant is an authorized representative, the copyright registration application must include a power of attorney. This document serves as legal proof of the applicant’s right to represent the rights holder.

Legally, the power of attorney must clearly express the will of the rights holder and specifically define the scope of work that the authorized representative is permitted to perform. A valid power of attorney should typically include the following basic information:

• Information of the authorizing person: Including full name, address, identification number or legal information of the organization. This is the basis for identifying the entity with rights to the work.

• Authorized person’s information: The full name or name of the organization authorized to carry out the registration procedure must be clearly stated to accurately identify the representative.

• Specific scope of authorization: The authorization should clearly state the tasks to be performed, for example:

• Submitting copyright registration documents

• Amending or supplementing the documents

• Receiving the Copyright Registration Certificate

• Duration of authorization

• Valid signature or seal: For individuals, the signature of the authorizing person is required; for organizations, the signature of the legal representative and a seal (if applicable) are required.

Therefore, the power of attorney is not only an administrative procedure but also a legal basis for determining the right of representation. If the power of attorney is unclear or invalid, the registration documents may be rejected, or require amendment or supplementation.

Important notes when registering copyright on behalf of others

After verifying the legality of the registration and the required authorization, the following points should be noted to ensure a smooth registration and submission process:

Correctly identify the author and copyright owner:

According to current Intellectual Property Law, the author is the person who directly creates the work, while the copyright owner is the person who holds the property rights to the work. Incorrectly identifying this status may lead to the application being required to be amended or result in ownership disputes.

Carefully check information before submitting the application:

Information such as the author’s name, the copyright owner’s name, the completion date of the work, or the type of work should be carefully checked. Incorrect information can lead to the application being rejected or requiring multiple revisions.

Clearly define responsibilities between the authorizing party and the authorized party:

In many cases, registration is done through friends or service providers. Without clearly defined responsibilities and scope of work, misunderstandings or disputes may arise during the process.

Keep all relevant registration documents:

Documents such as power of attorney, application forms, copies of the work, and other papers must be kept in full. This is crucial evidence to prove the legality of the registration process in case of disputes.

The above is the article “Is it legal to register copyright on behalf of someone else?” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

FAQ

A beautiful design not only showcases creativity but is also a valuable business asset. However, in reality, many newly released designs are quickly copied, modified, and released to the market at an alarming rate. In such cases, the creator of the value is not the one who benefits. So how can you effectively and legally protect your designs? Below are 2 ways to register fashion copyrights you may not know

What is fashion copyright?

Fashion copyright is the legal right of an individual or organization to the designs they have created, including: clothing patterns, dresses, accessories, motifs, styles, etc. This is not only the right to be recognized as the author, but also the right to control the exploitation and use of that design in the market.

According to Vietnam’s Intellectual Property Law, fashion designs can be protected in two main forms:

• Copyright (as applied art works)

• Industrial property rights (as industrial designs)

This means that a fashion design is not only protected from a creative perspective, but can also be protected as a valuable commercial asset.

2 Ways to Register Fashion Copyright You May Not Know

Below are two important ways to register fashion copyright, suitable for different purposes.

Method 1: Registering Copyright for Fashion Designs

Registering copyright is the most common and accessible way to protect fashion designs, especially for individual designers, small brands, or designs with high artistic creativity.

According to the Copyright Office, fashion designs can be registered as applied art works. This includes design drawings, patterns, and forms shown on products such as dresses, shirts, handbags, etc.

Advantages:

• Fast processing time: Usually 10-15 business days

• Low cost: Suitable for individuals and startups

• Rights arise immediately upon creation: Rights are granted without registration, but registration makes it easier to prove ownership in case of disputes

Disadvantages:

• Only protects the form of expression (drawings, designs), not the commercial element

• Difficult to completely address sophisticated copying (minor modifications)

Required documents:

• Copyright registration application form

• Copy of the design (drawing or product photograph)

• Ownership declaration

• ID card/Citizen Identification Card or business license

When should you choose this method?

• You are an individual designer or freelancer.

• Your design is artistic and unique.

• You need quick protection to bring your product to market.

Option 2: Registering an industrial design for fashion designs

If you want to protect your design as a genuine commercial asset, then registering an industrial design is the optimal choice.

According to the Intellectual Property Office, an industrial design is the external appearance of a product expressed through lines, shapes, colors, etc., and capable of industrial application.

Advantages:

• Exclusive commercial exploitation: Almost completely prevents copying

• Long protection period: Up to 15 years

• High legal value: Easy to handle infringement and litigation

Disadvantages:

• Long processing time: 12–18 months

• Higher cost compared to copyright

• Requires the design to be novel, creative, and industrially applicable

Required documents:

• Industrial design registration application form

• Detailed set of photos/technical drawings (multiple angles)

• Design description

• Legal documents of the applicant

When should you choose this method?

• You are a fashion brand or business

• Products are mass-produced

• You want long-term protection and market exclusivity

Which method should you choose to protect your fashion design?

In reality, there is no single “absolutely best” option, only the one that best suits your goals.

• If you need quick, low-cost protection, choose copyright.

• If you need strong, long-term protection for business purposes, choose industrial design.

• If you have the resources, combining both is the optimal strategy for comprehensive protection.

Many large brands today apply both methods simultaneously: registering copyright to protect the original idea and registering industrial design to protect the product when it is launched on the market.

The above is an article titled “2 ways to register fashion copyrights you may not know.” Hopefully, you have gained a better understanding of the methods of protecting your designs and chosen the right approach for your goals.

Sincerely,

FAQ

Design copyright is not only a legal issue but also directly related to a designer’s income and reputation. When creative work is copied, you not only lose your rights but also your career development opportunities. So what should designers do to protect their design copyrights? This article from VCD will help you understand.

What is design copyright?

Design copyright is the legal right of an individual or organization to the creative product they have created. These products can exist in many different forms, such as:

• Graphic design (logos, posters, banners, brand identity sets, etc.)

• UI/UX design for websites and applications

• Fashion design

• Packaging and product label design

• Interior design

Regardless of the field, the common point of these designs is that they all contain creative elements and a clear personal touch, which is the basis for legal protection of copyright. According to Vietnam’s Intellectual Property Law, design products are classified as applied art works and are protected by copyright from the moment of creation, provided they are expressed in a tangible form (e.g., design files, prints, drawings, models, etc.). This means you don’t need to go through any registration procedures to automatically have rights to your “intellectual creation.”

However, it’s important to understand that automatically arising rights don’t guarantee absolute protection in practice. When disputes arise (e.g., logo copying, idea theft, unauthorized use of designs), proving the original author becomes crucial. If you lack clear evidence or a copyright registration certificate, protecting your rights can become complicated, time-consuming, and even disadvantageous.

Therefore, the statement “as long as you create the design, you have the right” is legally correct, but insufficient in practice. To fully protect their creative value, designers need to proactively take additional measures such as copyright registration, archiving original files, signing clear contracts, and controlling the use of their designs.

In other words, copyright is not just a right granted, but also a right that needs to be protected proactively and strategically.

What rights do designers have regarding design rights?

According to Vietnamese Intellectual Property Law, designers, as authors, are protected by law through two core groups of rights: moral rights and property rights. Understanding these two groups of rights not only helps you protect your “intellectual creation” but also opens up ways to legally and effectively exploit its commercial value.

Moral rights

These are rights linked to the designer’s identity and reputation, and are non-transferable (except in some special cases):

• The right to name the design work

• The right to use their real name or pseudonym on the product

• The right to publish or allow others to publish the design

• The right to protect the integrity of the work, preventing others from modifying, cutting, or distorting it in a way that affects their honor and reputation

In other words, these are the rights that help you maintain your “creative self” and personal imprint in all your products.

Property rights

Unlike personal rights, property rights are transferable, marketable, or commercially exploitable:

• The right to copy and distribute designs in various forms

• The right to display and communicate the work to the public (online or offline)

• The right to allow others to use the design (possibly for a fee)

• The right to transfer all or part of the ownership rights

This is the foundation that helps designers turn creativity into income, from selling designs and licensing to commercial collaborations.

In short, if personal rights help you gain recognition as a creator of value, property rights help you exploit that value for real economic benefit.

What should designers do to protect their design copyrights?

In reality, owning the rights is one thing, but maintaining and protecting those rights is a completely different story. Therefore, designers need to proactively apply multiple measures, both legal and technical, to minimize the risk of copying or disputes. Below are some ways designers can protect their design rights:

Proactively register copyright

Although not legally required, copyright registration is considered the strongest “shield.”

• Receiving agency: Copyright Office

• Basic documents include: Registration application form, copy of the design work, author’s declaration, and identification documents.

Having a certificate provides a clear legal basis in case of disputes, making it easier to request action against infringement and increasing commercial value when transferring or collaborating.

Add a watermark or personal signature

This is a simple but extremely useful way to share designs digitally:

• Insert a small logo or signature into the product

• Use a faint watermark on the preview

• Export the file in a format that is difficult to edit

This doesn’t completely prevent copying, but it’s enough to minimize the risk of original theft.

Preserve the entire creative process

Don’t just keep the final product, preserve the entire “journey” of its creation:

• Original design files (AI, PSD, Figma…)

• Edited versions

• Work history (timeline)

• Emails or messages exchanged with the client

This is living proof to help you prove authorship if a dispute arises.

Establish a clear contract with the client

One of the most common mistakes designers make is working without a contract. The contract should specifically stipulate:

• Who owns the copyright

• The scope and purpose of using the design

• The right to modify or further develop it

• The duration of use

• Transfer fees (if any)

Without these clauses, misunderstandings can easily occur, and you may lose control of the work.

Publicly publish the design on reputable platforms

Uploading your work to professional platforms such as Behance, Dribbble, your personal website, etc., not only helps build your personal brand but also has legal significance.

You can establish the time of publication of the work, create a public ownership record, and have additional evidence to support your rights protection when needed.

Establish licensing terms

Instead of “selling outright,” designers can completely control how others use the design through licenses for personal or commercial use, whether it is exclusive or not, and whether modifications or further development are permitted.

Advanced Protection Registration (Trademarks, Designs)

For designs with high commercial value such as logos, packaging, or products, you should consider higher-level protection:

• Register a trademark at the Vietnam Intellectual Property Office

• Or register an industrial design

This is a strategic step to prevent copying in the market, create a long-term competitive advantage, and comprehensively protect your brand.

The above is an article titled “What should designers do to protect their design copyrights?”. Equipping yourself with legal knowledge and proactively applying protection measures is something every designer should not overlook.

Sincerely,

FAQ

In the fiercely competitive F&B market, a unique cafe design concept not only attracts customers but also creates a distinct brand identity. However, many cafe owners still wonder: Can a cafe’s interior design concept be copyrighted? This article from VCD will help you understand the issue from a legal perspective, so you can effectively protect your “brainchild.”

What is a cafe interior design concept?

A cafe interior design concept is the overall design idea developed from the outset to define the style, space, and customer experience of the cafe. It’s not just about “decorating beautifully,” but a strategy combining aesthetics, functionality, emotion, and branding to create a space with a unique identity that is easily recognizable and memorable.

A complete concept usually includes many closely linked elements:

• Spatial style: This is the “soul” of the concept, determining the customer’s first impression. It could be vintage, industrial, minimalist, tropical (close to nature), or modern and luxurious.

• Interior layout: This isn’t just about arranging furniture, but also about optimizing traffic flow, creating focal points (for check-ins), and defining functional areas (working, chatting, private spaces, etc.).

• Dominant colors: Colors directly influence customer emotions. For example, brown and beige tones create a cozy feeling, green provides relaxation, and white and gray convey modernity.

• Lighting system: This includes natural and artificial lighting (decorative lights, spotlights, etc.). Lighting is not just for visibility but also creates mood (warm, chill, energetic, etc.).

• Wall decorations and decor items: Paintings, mirrors, plants, handmade items, vintage items… all contribute to telling the concept story and creating visual highlights.

• Multi-sensory experience for customers: The cafe space is not just for “looking” but also for “feeling” through music, scents, temperature, and even the texture of the furniture when touched.

A concept is not just about design, but about the “brand story.” The most important aspect of a cafe concept is consistency and having its own unique story. A good concept usually answers the following questions:

• What target customer group is the cafe aiming for? (Gen Z, office workers, freelancers…)

• What do customers come to the cafe for? (working, taking photos, relaxing, meeting…)

• What emotions should the space evoke? (Quiet, dynamic, artistic…)

Example:

A cafe with a “Da Lat in the heart of Hanoi” concept doesn’t just focus on planting lots of greenery; it can also incorporate gentle acoustic music, warm yellow lighting, and a menu of drinks with a highland flavor… All of this creates a complete experience, making customers remember the cafe as a “city escape.”

A well-invested concept brings many benefits to a cafe:

• Creates a distinct identity among hundreds of cafes on the market

• Attracts a clearer target customer base

• Increases viral potential on social media thanks to its beautiful and unique space

• Supports product pricing (the clearer the concept, the easier it is to sell at a higher price)

• Creates a foundation for long-term brand building

Can cafe decoration concepts be registered for copyright protection?

Cafe decoration concepts can be copyrighted, but not all concepts are protected by law. To understand this clearly, it’s necessary to distinguish between “idea” and “the form of expression of the idea,” which is a core principle in copyright law.

According to Article 6 of the Vietnamese Intellectual Property Law: Copyright arises from the moment a 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, or whether it has been registered or not.

This regulation shows that the law only protects ideas when they have been “realized” into a specific product. From the above regulation, an important principle can be drawn:

• The law protects “how you express your idea”

• It does not protect “pure ideas in your head”

A cafe concept is essentially a collection of creative ideas. However, not everything you think of is protected.

Unprotected elements: General concept ideas

If the concept only stops at the level of a general idea, it will not be protected.

Examples:

• Korean-style cafe

• Vintage cafe

• Garden cafe with lots of greenery

• Minimalist Japanese-style space

These are all trendy or popular ideas that anyone can think of and implement. Therefore, the law cannot grant exclusive rights to any individual or business. Protecting the entire idea would lead to “creative monopoly,” causing Hindering competition and market development.

Protected element: The specific form of expression of the concept

When an idea is realized into a concrete product, it begins to be recognized and protected by law, for example:

• Detailed interior design drawings

• 3D renderings of the cafe

• Architectural documents, construction drawings

• Concept image set created by the designer

• Video simulating the cafe space

These elements are considered applied art or graphic works, falling within the scope of copyright protection.

Example:

Suppose you create a concept of a “Mediterranean-style cafe.” If someone else opens a cafe with a similar style, it will not be a violation. But if they copy the exact design drawings, layout, and decor details you created, it constitutes copyright infringement. The key point lies in the specific level of copying, not just “similarity of ideas.”

The above is an article “Can cafe decoration concepts be registered for copyright protection?” Hopefully, this detailed analysis has helped you understand the legal nature of a concept, as well as how to distinguish between an idea and its form of expression, which determines whether or not it can be protected.

Sincerely,

FAQ

In creative activities, many people often assume that the person who directly creates a work is automatically the copyright owner of that work. However, according to Vietnamese law, this understanding is not entirely accurate. Copyright law clearly distinguishes between the author and the copyright owner, and these two entities do not always coincide. So, is the author automatically the copyright owner? This article by VCD will help you.

The author and the copyright owner are two different entities according to the law

According to intellectual property law, the concepts of author and copyright owner are defined with different legal meanings. Specifically, according to Clause 1, Article 13 of the current Intellectual Property Law, an author is a person who directly creates all or part of a work. Meanwhile, according to Article 36 of the Intellectual Property Law, the copyright owner is the organization or individual holding the property rights to the work. This shows that the creator of the work is not necessarily the one who has the right to exploit the full economic value of the work.

Distinguishing between these two entities is important in practice, because if ownership is determined solely based on the creative element, it can lead to misinterpretations of the law. In reality, when determining rights to a work, it is necessary to consider all factors such as:

• The circumstances surrounding the creation of the work

• The relationship between the creator and the related organization

• Agreements or contracts that have been signed

These factors can change the subject of ownership of property rights to the work, even though the creator is still identified as the author.

Is the author automatically the copyright owner?

When is the author also the owner?

In many cases, the author is the copyright owner, especially when the creation is independent. According to Article 39 of the Intellectual Property Law, an organization or individual who directly creates a work through their own efforts and expenses is the copyright owner of that work, unless otherwise agreed. This regulation reflects the fundamental principle of copyright law, which is that the person who invests effort and expense in creating the work is entitled to the right to exploit it.

Generally, the author is also the copyright owner in the following cases:

• The work was created independently, not as part of an assigned task.

•  There is no commission or employment contract requiring the creation of the work.

• There is no agreement to transfer the property rights to another party.

In these cases, the author has full rights to the work, including the right to publish the work, allow others to use it, transfer the rights, or exploit the work for economic gain. For example, if an individual writes a book in their spare time using personal means, not at the request of any organization, then that person is both the author and the copyright owner of the book. However, this ownership is not immutable, because if the author later signs a contract transferring the property rights as stipulated in Article 45 of the Intellectual Property Law, the owner of the property rights may change.

In which cases is the author not simultaneously the copyright owner?

Besides cases of independent creation, the law also recognizes many situations where the author is not the owner of the property rights to the work. According to Articles 39 and 40 of the Intellectual Property Law, copyright ownership may belong to another organization or individual when a work is created under assignment or contract.

Specifically, the author may not be the owner in the following cases:

Works created under assignment for an agency or organization:

When an employee creates a work as part of an assigned task during their work, the organization assigning the task is usually the owner of the property rights to the work, unless otherwise agreed. In this case, the employee is still identified as the author according to Clause 1, Article 13 of the Intellectual Property Law, but the right to commercially exploit the work belongs to the organization.

Works created under a contract:

When an individual or organization undertakes a creative work under a contract, ownership of the intellectual property rights is determined according to the contract’s terms, in accordance with Article 40 of the Intellectual Property Law. If the contract stipulates that the commissioning party is the owner, then the author only retains the status of the creator.

Author transferring intellectual property rights to another party:

According to Article 45 of the Intellectual Property Law, intellectual property rights to a work can be transferred to another organization or individual. After the transfer is completed, the transferee becomes the owner of the intellectual property rights, and the author no longer has the right to commercially exploit the work.

These cases show that determining copyright ownership is not only based on the creative element but also depends on the legal relationship between the parties.

Above is the article “Is the author automatically the copyright owner?” that VCD sent to you. We hope this article is helpful to you.

Sincerely,

FAQ

Using free online templates for work or business is becoming a common trend, especially in the fields of design and online marketing. However, many people mistakenly believe that anything “free” can be freely downloaded, edited, and resold to others. In reality, each template comes with its own rules regarding usage, and if you don’t understand them, you might be penalized. So, is reselling free templates subject to penalties? Let’s explore this in detail in the article below.

What are free online templates and are they truly “completely free”?

Free templates are design templates that are publicly shared on internet platforms, allowing users to download and use them without any initial payment. These templates are often provided by:

• Individual designers who want to share their work

• Businesses using them for brand marketing

• Design platforms that provide resources to users

Common template types include:

• Website templates (HTML, WordPress, landing pages)

• PowerPoint templates, Google Slides templates

• Canva templates, advertising banners

• CV templates, personal portfolio templates

• Graphic design templates (PSD, AI, Figma)

However, it’s important to understand that “free” doesn’t mean you have unlimited rights to use them as you wish. Most templates come with a license that specifies:

• Scope of use (personal or commercial)

• Modification rights

• Redistribution or resale rights

Therefore, understanding the license correctly is crucial in determining whether your actions are legal.

Will reselling free templates online result in penalties?

Reselling free templates online can be penalized or completely legal, depending on the type of license that comes with the template. Each license clearly defines the scope of rights a user is allowed to exploit, including personal use, commercial use, modification, redistribution, or resale. Therefore, to determine whether your actions violate the law, each case needs to be considered specifically below.

Cases where reselling free templates online is not penalized

You will not violate the law if the template falls into one of the following categories:

Templates with licenses allowing commercial use and resale

Some templates are released with commercial use licenses. In these cases, you can use the template to create business products, modify, adapt the content, and even resell it if you have a clear license.

However, it’s important to note that each type of license may come with its own conditions, such as not being allowed to be sold in its original form, requiring significant modifications, or not being allowed to be redistributed for free. Therefore, you should not only read but also thoroughly understand the license content before using it.

Public domain templates

Templates in the public domain are public property and are no longer protected by copyright. Therefore, you have the full right to copy, modify, distribute, and resell them without permission. This is a completely safe legal situation.

Reselling free templates online can Lead to penalties

Conversely, you may face administrative penalties or even lawsuits if you use a template in violation of regulations.

Reselling templates is not allowed

Many free templates only allow personal or commercial use but not resale.

If you download a template, you are essentially keeping the content intact and then reselling it to others. This behavior is considered copyright infringement, specifically the infringement of the right to copy and distribute the work.

According to Article 20 of the Vietnamese Intellectual Property Law, the owner has the right to: copy the work; distribute and communicate the work to the public.

Furthermore, Article 28 of the Vietnamese Intellectual Property Law stipulates that copyright infringement includes: copying the work without permission, and distributing copies of the work without the owner’s consent.

Therefore, if you resell the template without permission, you are directly violating these rights.

Penalties for reselling free templates online

According to Decree 131/2013/ND-CP on administrative penalties for violations in the field of copyright and related rights, the act of copying and distributing templates without permission from the copyright owner can be subject to quite severe penalties. Specifically, violators may be fined from 10 million VND to 35 million VND depending on the nature, extent, and consequences of the act, especially in cases where the act is commercial in nature or is committed repeatedly.

Beyond monetary penalties, infringing individuals or organizations may also face mandatory remedial measures, including the removal of all infringing content from platforms where it was posted or sold, and the destruction of infringing template copies to completely cease copyright infringement. In cases where actual damages are caused to the copyright owner, the infringer may also be required to compensate for the corresponding damages as stipulated by civil law.

Notably, if the infringement is large-scale, seriously affecting the legitimate rights and interests of the copyright owner, or results in significant illicit gains, in addition to administrative penalties, the infringer may face civil lawsuits in court, potentially resulting in compensation claims far exceeding the initial administrative fines. This could lead to additional legal costs and negatively impact personal reputation or long-term business operations.

How to use free templates legally and safely?

To avoid unnecessary legal risks, you need to apply some important principles below when using free templates.

• Always carefully check the license: This is a mandatory step before downloading and using any template. If the license information is not clearly visible, it is best not to use it for commercial purposes.

• Do not resell the original template: Even if it is permitted for commercial use, you should still make significant edits to the content, colors, and layout, turning the template into a completely new product.

• Prioritize reputable sources: Download templates from official websites, large design platforms, and sources with transparent information. Avoid using files shared from unreliable sources or download links with unclear origins.

• Invest for the long term: Design it yourself or purchase a license if you plan on long-term business. This is a way to avoid legal risks, build a sustainable brand, and increase product value.

The above is an article titled “Is it illegal to resell free templates found online to others?”. As you can see, using free templates isn’t simply a matter of downloading and using them freely; it always comes with specific regulations regarding usage and commercial exploitation rights.

Sincerely,

FAQ