Author: Editor VCD

Copyright protection for television programs

Written by Editor VCD on 6 November, 2024. Posted in Announcement, Copyright Registration, Fine art work and applied art work, Musical work.

Today, the age of technology and information, especially the popularity of the internet and mobile devices, has changed the way we access and consume information and entertainment. However, television programs are still an indispensable daily spiritual food for many people. It not only plays a role in providing entertainment information and creating global connections but is also an industry that brings many economic benefits. So how does the law protect copyright for television programs? Please follow the article of VCD below.

1. What is a television program?

A program is a general summary of the planned activities in a certain order and in a certain period of time. Television is the transmission of images, often with sound, over long distances by radio or wire (according to the Vietnamese dictionary of Professor Hoang Phe).

From a legal perspective, according to the provisions of the 2016 Press Law and Circular No. 03/2018/TT-BTTTT, a television program is defined as a collection of news and articles on television on a topic within a certain duration, with signs of beginning and end.

To understand more fully, a television program is a creative product consisting of a collection of many works linked together based on a central creative idea, expressed in the form of images and sounds, transmitted to the public by production entities and broadcasting organizations through performances and television broadcasting activities and must comply with legal regulations on the scope of content and form.

2. Copyright protection for television programs

a. Basis for establishing rights:

Copyright for television programs arises automatically from the moment the work associated with the television program is created and expressed in a certain material form regardless of content, quality, medium, or language. A television program can be created from many raw materials or the television program itself is an independent type of work. Copyright protection does not depend on whether the work has been published or not, registered or not.

b. Subject of rights:

Copyright for television programs is the right to creative works in the fields of literature, art, and science. A television program is the expression of the creative and unique intellectual labor of many subjects, and is a way of expressing the ideas, thoughts, feelings, and concepts of creative authors. Therefore, it requires that the television program no longer exists in the form of ideas, in the form of invisible consciousness, but has been revealed to the outside world so that it can be identified.

This requirement is the basis for the protection of television programs. If this requirement is not met, copyright will not arise.

c. Regarding the copyright subject:

The copyright subject can be a screenwriter, cameraman, film editor, music composer, art designer, sound designer, lighting designer, stage director, choreographer, etc., or anyone who performs creative work for television programs. Each subject has certain roles and tasks, and their creative products also have their own characteristics that are protected by copyright. Individuals protected by copyright are individuals who directly create the works that make up a television program. They can be independent authors, co-authors or a group of authors. In addition, the copyright owner of a television program is an individual or organization that invests finance and technical facilities to produce the works contained in the television program; Usually broadcasting organizations and television stations have the right to publish works or allow others to publish works and hold property rights.

d. Regarding the content of rights:

Usually, copyright is divided into two types: personal rights and property rights. These rights are granted to copyright owners for a certain period of time to compensate for the creative efforts, time and money of these owners to create works, with the effect of encouraging creative activities.

3. The role of copyright protection for television programs

Is the legal basis for copyright owners to exercise exclusive commercial exploitation rights, promote and encourage creative activities in the field of television.

Copyright protection for television programs is a legal corridor to prevent copyright infringement, attracting investment protection in the field of television.

Copyright protection for television programs is a tool to ensure competition in the television sector, improve the quality of television products and the spiritual life of the people.

It is a tool to implement international commitments on copyright in general and promote international cooperation in the television sector in particular.

Above is the article “Copyright protection for television programs” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Penalties for administrative violations for printing illegal books

Written by Editor VCD on 4 November, 2024. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches.

A book is not only a cultural product, but also a valuable intellectual property, protected by copyright. The author has the exclusive right to exploit and use his work, ensuring that he receives recognition and appropriate remuneration for his creative efforts. However, books are easily copied, printed, and published without the author’s permission. So, how to handle administrative violations of illegal book printing? Please follow the article of VCD below.

1. What is illegal book printing

Currently, Vietnamese law has no regulations on the concept of illegal book printing. However, it is possible to rely on the following bases to understand this concept.

The Law on Intellectual Property, Clause 4, Article 213 stipulates as follows:

Article 28: Counterfeit intellectual property goods

Pirated goods are copies produced without the permission of the copyright owner or related rights owner.

In addition, according to the provisions of Point c, Clause 2, Article 10 of the Publishing Law 2012 and Article 9 of Decree 60/2014/ND-CP supplemented by Point c, Clause 2, Article 1 of Decree 72/2022/ND-CP, it can be understood that printing pirated books is an act strictly prohibited by law and carried out in the following forms:

Printing publications that are not permitted to be circulated in Vietnam.

Printing publications without a printing license.

Printing publications without the permission of the copyright owner or copyright holder.

Taking advantage of publishing, printing, post-printing, photocopying activities to illegally print publications.

2. Administrative violations for illegal book printing

Organizations or individuals who infringe on the copyright of others may be subject to administrative violations depending on the nature and extent of the infringement. Those who print pirated books without the permission of the owner shall be subject to administrative sanctions according to Article 18 of Decree 131.2013/ND-CP and Clause 2, Article 3 of Decree 28/2017/ND-CP:

Acts of infringement of the right to copy works

1. A fine of VND 15,000,000 to VND 35,000,000 shall be imposed for copying works without the permission of the copyright owner.

2. Remedial measures:

Forcing the removal of copies of infringing works in electronic form, on the network and digital environment or forcing the destruction of infringing exhibits for the acts specified in Clause 1 of this Article.

And Clause 2, Article 3 of Decree 28/2017/ND-CP:

Prescribing the fine framework, the authority to impose fines on individuals and organizations

2. The fine framework specified in Chapter II of this Decree is the fine framework applicable to individuals, except for the cases specified in Clauses 1, 2, 3 and 4, Article 5; Clause 1 and Point b, Clause 2, Article 7 of this Decree. For the same violation, the fine framework for organizations is twice the fine framework for individuals.

Accordingly, individuals and organizations that illegally print books without the permission of the copyright owner will be subject to a fine of VND 15,000,000 to VND 35,000,000 for individuals, and VND 30,000,000 to VND 70,000,000 for organizations.

In addition to the fine, they must also take remedial measures such as:

Deleting copies of infringing works in electronic form, on the internet and digital environment.

Destroying evidence related to the violation.

These are regulations to protect intellectual property rights and prevent copyright infringement in the publishing sector.

3. Statute of limitations for administrative sanctions for illegal printing of books

According to the provisions of Clause 1, Article 3a, Chapter I of Decree 131/2013/ND-CP supplemented by Clause 1, Article 3 of Decree 129/2021/ND-CP:

Statute of limitations for administrative sanctions

1. The statute of limitations for administrative sanctions for violations of copyright and related rights is 02 years.

2. The time for calculating the statute of limitations for administrative sanctions for violations of copyright and related rights is prescribed as follows:

a) For administrative violations in progress as prescribed in Point a, Clause 3 of this Article, the statute of limitations shall be calculated from the time the competent person performing official duties discovers the violation;

b) For administrative violations that have ended as prescribed in Point b, Clause 3 of this Article, the statute of limitations shall be calculated from the time the violation ends;

c) In case of administrative sanctioning of organizations and individuals transferred by the competent person who has made a record of administrative violation, the statute of limitations for sanctioning shall be applied according to the provisions in Clause 1 of this Article, Points a and b of this Clause up to the time of issuing the decision to sanction the administrative violation.

3. Ongoing administrative violations and completed administrative violations of copyright and related rights

a) An ongoing administrative violation of copyright and related rights is an act of a prolonged nature, which has been and is taking place at the time the competent agency or person discovers and handles the violation and that act is still directly infringing upon the order of state management;

b) An administrative violation of copyright and related rights that has been completed is an act that has been committed once or many times and there is basis and information proving that the act was completed before the competent agency or person discovered and handled the administrative violation.

4. Within the time limit specified in Clause 1 of this Article, if an organization or individual commits an administrative violation and intentionally evades or obstructs the sanctioning by a competent authority, the statute of limitations for handling administrative violations shall be recalculated from the time the act of evading or obstructing the sanctioning ends.

Therefore, the statute of limitations for handling administrative violations for the act of printing pirated books without the permission of the copyright owner is 2 years.

Above is the article “Administrative sanctions for the act of printing pirated books” that VCD sends to you. We hope this article is useful to you.

Sincerely,

How to buy book copyrights?

Written by Editor VCD on 4 November, 2024. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches.

In the context of rapid development of the publishing industry and the increasing demand for literature consumption, buying and selling book copyrights has become an important and necessary activity. Buying copyrights is not simply a commercial transaction, but also a way to protect the rights of authors and ensure sustainable development for the publishing industry. So, how to buy book copyrights?. Please follows the article of VCD below.

1. What does it do to register a book copyright?

When the Copyright Office issues a certificate of copyright registration, there will be the following benefits:

Proof of legal ownership: The certificate helps confirm your legal ownership of the book in Vietnam.

Legal basis for publishing licenses: Registering book copyrights is a necessary legal basis for the owner to apply for a publishing license.

Exclusive use of the work: has the exclusive right to use the book, allowing you to prevent any infringement of the rights of a third party.

Request for handling of violations: has the right to request the competent authority to handle acts of infringement of the rights of your work.

Allow exploitation and benefit: has the right to allow other parties to exploit and use the work, and at the same time enjoy material benefits from such exploitation and use.

2. How to buy a book copyright?

Buying a book copyright is the process of agreement between the book owner (seller) and the buyer and reaching an agreement when there will be a change of ownership related to the right to publish and property rights of that work. During this process, the buyer will receive the right to perform activities such as making derivative works, copying books, distributing, importing originals/copies of books, communicating to the public, etc.

Purchase of book copyright or more precisely, transfer of copyright and rights related to the author of the book work. To legally use the work, the author’s consent is required, which can be obtained through a transfer agreement. Failure to comply with the regulations will be considered a violation of copyright according to the Law on Intellectual Property. When the book copyright purchase contract comes into effect, the old owner will no longer have any rights to that work. On the contrary, the organization or individual who purchases the copyright will hold both the publication rights and the property rights of the work.

A copyright assignment contract is a legally recognized document that allows the parties to legally transfer copyright. Therefore, signing a copyright purchase and sale contract is not only a form of transaction, but also a way to ensure the legality of buying and selling book copyrights.

According to Article 46 of the current Law on Intellectual Property, the content of the copyright assignment agreement must be made in writing and must include the following contents:

Basis of purchase and sale.

Price and payment method.

Rights and obligations of the buyer and seller.

Liability for breach of contract.

In which it is noted:

Guarantee of the subjects of the contract: The parties to the contract include the seller (the party owning the copyright), the party purchasing the copyright and related parties, third parties (if any). The content of the contract subjects must include detailed information from personal identification documents (valid identity card, passport, citizen identification card), business registration certificate, establishment certificate, along with convenient contact information, head office address, information about the legal representatives of the parties, and information about the authorized persons of the parties.

Clearly state the basis and scope of the transfer: The contract must clearly state the legal basis and scope of the transfer of the right to use the book work, including copyright and related rights.

Ensure the rights and obligations between the parties in the contract to buy back the copyright of the book work:

Rights and obligations of the party transferring the copyright of the book work.

Rights and obligations of the party receiving the copyright of the book work.

Guarantee of price, payment term and method: The contract must clearly stipulate the price, payment term for book royalties, as well as the payment method. In addition, the contract must also show the responsibilities of the parties in case of breach of the contract for purchasing book copyright.

3. Can book copyrights be purchased for multiple people at the same time?

Intellectual property law does not prohibit the owner of a book work from transferring the right to use it to multiple people at the same time. In principle, if the law does not prohibit it, the subject has the right to perform that action. In addition, according to Clause 3, Article 45 of the 2005 Intellectual Property Law (amended and supplemented in 2009 and 2019), the law recognizes that there may be multiple subjects who are simultaneously owners of a work. Therefore, the copyright owner can transfer the right to use the book work to multiple people without violating current legal regulations.

Above is the article “How to buy book copyright?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Copyright protection in the field of book publishing

Written by Editor VCD on 21 October, 2024. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches, Written works.

Copyright is increasingly being focused on protecting the rights of individuals and organizations that own works. In the field of publishing, copyright protection is not only important but also brings many benefits to both authors and publishers. So, what are the legal regulations on copyright protection in the field of book publishing? Please follow the article of VCD below.

1. Definition

1.1. Copyright

According to Clause 2, Article 4 of the current Law on Intellectual Property, copyright is the right of organizations and individuals to works they create or own. Therefore, Copyright can be understood in the following two aspects:

On the objective side, Copyright is a synthesis of legal norms to confirm and protect the rights of authors and copyright owners, and to determine the obligations of subjects in the creation and use of literary, artistic, and scientific works.

On the subjective side, Copyright is a civil right including property rights and personal rights of the subject as an author or copyright owner of literary and artistic works, scientific works, and the right to sue or not to sue when their rights are violated.

1.2. Book publishing

Publishing is a Sino-Vietnamese word in English that means to announce to the public. The definition of publishing in the Vietnamese encyclopedia is an activity in the field of cultural ideology through the production and dissemination of publications to many people. Publishing is a dissemination activity, which itself does not include the stage of creating works. Publishing, exploiting, disseminating, and popularizing works is a continuous stage of enhancing cultural values, replicating and bringing them to the public. Publishing includes three stages: editing, printing, and distributing publications.

Accordingly, the Publishing Law 2012 stipulates the concept of publishing as the organization of exploiting manuscripts, editing into templates for printing and distribution, or for direct distribution through electronic means.

Thus, book publishing in a broad sense is the process of organizing social resources by creating works, printing, duplicating works, and disseminating them to many people to achieve economic, political, and social efficiency.

Book publishing in a narrow sense is the impact on the author’s creative process from the original manuscript, which will be reviewed, the content and form will be perfected into a sample for printing and bringing books to many people.

2. Copyright protection in the field of book publishing

In terms of law, copyright protection in the field of book publishing is a synthesis of legal provisions to establish and recognize copyright for organizations and individuals, manage, use, and exploit copyright in the field of book publishing, and ensure the implementation of regulations in practice to combat infringements.

According to the 2012 Publishing Law, copyright in the field of publishing is the publication of works, documents, and reprinting of books only after receiving written approval from the author and copyright owner in accordance with the provisions of the law.

It can be seen that copyright in the field of book publishing is a specific form of copyright in general, so the content of copyright in the field of book publishing also includes personal rights and property rights to the book created from the publishing process. Therefore, the author has the right to allow the publisher to print his work as a printed book or an e-book if it meets the author’s rights requirements. This right ensures the rights of the author as part of the guarantee for the effort they have made in creating their work.

The characteristics of copyright protection in this field are as follows:

The subject is publications expressed in the form of printed books or e-books. The subject of copyright protection must satisfy two conditions: original creation and expression in a certain material form.

Regarding the subject of copyright protection in the field of book publishing: this legal relationship is the relationship between the author, copyright owner, publisher, and user of the work.

Regarding the content of copyright protection in the field of book publishing: it is the regulation of legal responsibilities for subjects participating in the field of book publishing to respect and protect the personal rights and property rights of the author to the work as prescribed in Articles 19 and 20 of the current Law on Intellectual Property.

The current Intellectual Property Law stipulates the automatic protection mechanism in Clause 1, Article 6 as follows: Copyright arises from the moment a work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered. Which, the automatic protection mechanism is a specific mechanism for copyright protection according to the general provisions of the Berne Convention, of which Vietnam is a member country.

Duration of copyright protection in the field of book publishing:

The protection period for personal rights according to Clause 1, Article 27 of the Intellectual Property Law is unlimited because personal rights are special rights that cannot be exchanged for others (except for the right to publish), it is a special right attached to each individual.

The term of protection for property rights is according to the provisions of Clause 2, Article 27, the term of protection for copyright is for works other than cinematographic works, photographic works, applied fine arts works, anonymous works with a term of protection of the entire life of the author and fifty years after the death of the author. In the case of co-authors, the term of protection ends in the fiftieth year after the death of the last co-author.

Above is the article “Copyright protection in the field of Book Publishing” that VCD sent to

you. We hope this article is useful to you.

Sincerely,

Register copyright for textbooks

Written by Editor VCD on 21 October, 2024. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches.

In the current integration period, human intellectual products are increasingly valued, and copyright protection for intellectual products is essential. Textbooks and learning materials are often infringed upon, in forms such as copying and printing without permission. These actions not only affect the rights of the author but also reduce the value of intellectual products. Therefore, registering copyright for teaching textbooks not only protects the rights and legitimate interests of the author but is also an important measure to help resolve disputes when necessary. The following article by VCD will help you.

1. The role of textbooks

A textbook is a system of teaching programs for a subject, designed and compiled based on a specific subject program. It serves as official teaching materials for teachers and learning materials for students, helping to organize effective lessons and supporting the process of self-study and research. The role of the textbook is demonstrated through the following basic contents:

Improving training quality:

Rich self-study materials: The textbook not only provides basic knowledge but also expands the amount of information, helping students have more materials for self-study. This not only encourages self-study but also develops skills in analysis, synthesis, and application of knowledge in practice.

Developing research capacity: With quality textbooks, students can access research works and scientific articles, thereby forming the habit of self-discovery and learning, contributing to improving critical thinking ability.

Improve teaching quality:

Innovate teaching methods: The curriculum provides lecturers with diverse materials and content, allowing them to apply more creative and interactive teaching methods. This not only increases students’ interest but also helps improve teaching effectiveness.

Continuous professional development: Compiling and publishing curriculum is an opportunity for lecturers to update new knowledge, thereby improving their professional qualifications. These documents also help lecturers improve their pedagogical skills, creating a positive learning environment.

Build the training institution’s brand:

Effective brand promotion: A high-quality curriculum system not only helps affirm the reputation of the training institution but also creates a positive impression in the hearts of students and society. Professionalism in compiling curriculum demonstrates a strong commitment to educational quality.

Commitment to training quality: Proactively producing textbooks that meet scientific standards and are suitable for the school’s professional characteristics is a testament to training capacity. This creates conditions for society to monitor and evaluate the quality of education accurately.

2. Legal provisions on copyright for textbooks

Subjects protected by copyright for textbooks and other works expressed in the form of writing or other characters are specified in Article 14 of the current Law on Intellectual Property. Thus, textbooks and instructional materials in education are subjects protected by copyright law. Registering a copyright for teaching textbooks is not a mandatory form for copyright protection. However, if an individual or organization has created a new teaching content, it is advisable to register the copyright for that work. Then the author’s teaching content will be guaranteed maximum benefits in case of any dispute or violation.

The application for copyright registration for textbooks includes:

Application for copyright registration for textbooks according to form No. 07 of Circular 08/2023/TT-BVHTTDL.

Two copies printed on A4 paper of the registered teaching materials, accompanied by 02 CDs recording the content of the materials.

Authorization letter: If the applicant is an authorized person.

Documents proving the right to apply: If the right is inherited, transferred or inherited.

Consent of co-authors: If there are co-authors.

Consent of co-owners: If the copyright is jointly owned.

Some notes are as follows:

The application must be in Vietnamese and signed by the author, copyright owner or authorized person.

A summary of the content of the work, performance, recording or broadcast program is required.

Provide the name of the author and derivative work (if any).

Clearly state the time, place, and form of publication.

Guarantee of responsibility for the information in the application.

According to Article 52 of the current Law on Intellectual Property, the time limit for copyright registration is stipulated as follows: Within forty-five working days from the date of receipt of a valid dossier, the state management agency for copyright and related rights shall be responsible for issuing a Certificate of Copyright Registration and a Certificate of Related Rights Registration to the applicant.

Above is the article “Registering copyright for textbooks” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Distinguishing between applied artworks and industrial designs

Written by Editor VCD on 21 October, 2024. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

When referring to industrial property rights in Vietnam, many people often confuse the two main protection mechanisms: applied artworks and industrial designs. So based on the legal regulations on intellectual property, how can we distinguish between applied artworks and industrial designs? Please follow the article of VCD below.

1. Similarities between applied art works and industrial designs

Both are one of the subjects of intellectual property rights stipulated in the Law on Intellectual Property of Vietnam.

Both represent the rights of the creative subject or the subject who owns those creations.

Protect the rights and interests of the subjects with rights and avoid acts of infringement of those protected rights of the subjects.

Both are aesthetic creative objects.

Expressed in the form of the external appearance of the work such as shape, lines, color, etc.

2. Differences between applied artworks and industrial designs

Intellectual property rights include three main groups of rights: copyright and rights related to copyright, industrial property rights, and rights to plant varieties. Applied artworks belong to copyright and rights related to copyright, while industrial designs are the subject of industrial property rights. To distinguish between these two subjects, it is necessary to consider the following criteria:

Concept:

An applied artwork is a work expressed by lines, colors, shapes, and layouts with useful features, can be attached to a useful object, produced by hand or industrially, including Graphic design (expression of logos, product identification, and packaging; expression of characters); fashion design; aesthetic design associated with product styling; Interior design, interior and exterior decoration with aesthetic nature. Applied artworks are expressed in the form of product shapes with an aesthetic nature, which cannot be easily created by people with average knowledge in the relevant field and does not include the external shape of the product that is required to perform the function of the product. (Clause 8, Article 6, Decree 17/2023-ND-CP).

Industrial design is the external shape of a product expressed by shape, line, color, or a combination of these elements (Clause 13, Article 4, Law on Intellectual Property).

Basis for establishing rights:

According to the provisions of Clause 1, Article 6 of the current Law on Intellectual Property, Applied artworks are established based on creative products in a certain material form and do not have to be registered. This means that the applied artwork establishes rights under the automatic protection mechanism regardless of the registration procedure, copyright arises automatically and is established from the moment the work is expressed in an objective form that others can recognize. Registration is encouraged but not mandatory to avoid infringements and to have evidence when disputes arise.

According to the provisions of Point a, Clause 3, Article 6 of the current Law on Intellectual Property, industrial designs are protected through registration procedures at competent state agencies, and this is a mandatory requirement. Industrial designs are only recognized by law when the state agency issues an official protection certificate. Registration of a protection certificate is not only a legal procedure but also a way to publicly notify property ownership, helping the subject to determine rights and avoid being appropriated by others without basis. However, this registration process is often more time-consuming and costly than registering to protect applied artworks.

Protection conditions:

A work of applied art only needs to be expressed in a certain material form and be original by the author. It does not require novelty, nor does it impose any conditions on the work’s content, quality, or effectiveness.

On the contrary, industrial designs have higher requirements. According to Article 63 of the Law on Intellectual Property, to be protected, an industrial design must satisfy the following conditions: be novel (compared to designs in the world), be creative (not identical or similar to registered industrial designs), and be capable of industrial application.

Protection period:

The protection period for a work of applied art is stipulated in Point a, Clause 2, Article 27 of the Law on Intellectual Property. Specifically, the protection period is 75 years from the date the work is first published. For works that have not been published within 25 years from the date of their formation, the protection period will be extended to 100 years from the date of their formation.

The protection period for industrial designs is stipulated in Clause 4, Article 93 of the Law on Intellectual Property. Accordingly, an industrial design patent is effective from the date of issuance and lasts for 5 years from the date of application. This period can be extended consecutively, each time for 5 years, with a maximum protection period of 15 years.

Meaning of protection:

Works of applied art are only protected in form, to prevent copying or using the form of the original work. However, the owner cannot prevent others from creating or using identical or similar designs, resulting in a weaker protection mechanism for works of applied art than for industrial designs.

On the contrary, industrial designs are protected exclusively in terms of content and creative ideas. This allows the owner to have the exclusive right to exploit and use the industrial design, and at the same time have the right to prohibit others from using that design. Therefore, the protection mechanism of industrial designs is stronger than that of applied artworks.

Above is the article “Distinguishing Applied Artworks and Industrial Designs” that VCD sent

to you. We hope this article is useful to you.

Sincerely,

Copyright registration of fashion designs

Written by Editor VCD on 16 October, 2024. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

The current situation of copyright infringement of fashion designs is becoming a serious problem, with many brands and individuals copying or imitating designs without permission. The lack of understanding of copyright rights, along with the development of digital technology, has facilitated the copying and dissemination of designs. Therefore, copyright registration for fashion designs is necessary. The following article from VCD will help you.

1. How to register the copyright for fashion designs

Fashion design is a unique art field in the beauty industry, where the subtle combination of costumes, accessories, and jewelry creates impressive creative works. Each design not only demonstrates ingenuity but also reflects the designer’s journey to find newness and uniqueness, to bring exclusive aesthetic experiences to consumers.

Fashion design copyright registration is a legal process to protect the intellectual property rights of designers for their creative works. This not only confirms copyright and provides legal evidence in case of disputes, but also prevents copyright infringement and increases brand value.

Currently, two forms of design copyright registration are being applied to protect the rights of fashion designers. The first form is to register fashion design copyright in the form of copyright of applied fine arts and the second is to register fashion design copyright in the form of industrial designs.

In terms of copyright, VCD’s article only approaches and clarifies the first form of copyright of applied fine arts. It allows designers to protect their unique designs and prevent unauthorized copying. This form helps ensure that their artistic creations are recognized and protected under the law.

In Vietnam, the issue of plagiarism in design copyrights is becoming a serious challenge. The act of copying or imitating designs without permission not only causes unfair competition but also threatens the sustainable development of the fashion industry. Genuine designers are suffering from this situation, reducing their creative motivation and preventing them from receiving the recognition they deserve for their efforts. This not only reduces the value of the design profession but also hinders the advancement of the entire applied arts industry.

2. Fashion design copyright registration process

The subject here is drawings or images of diverse fashion designs including clothing, shoes, accessories, jewelry, wedding dresses, ao dai, and many other types of designs. These designs must demonstrate unique artistic creativity and must not be copied or plagiarized from any source of inspiration or design work of any subject.

The person who has the right to register a copyright is determined to be the author who directly creates and implements the fashion design. In this case, the author is the person behind the design process, from the idea, and actual design to the creation of the work. In addition, the owner can also be the person who directly or indirectly owns the work through other forms of purchase, order, gift, or inheritance.

The copyright registration dossier includes:

A declaration of copyright registration for applied artworks according to form No. 02 issued with Circular 08/2023/TT-BVHTTDL.

A copy of the author’s ID card, citizen identification card, or passport.

Current address information, phone number, or email address to contact the author.

Design rental contract (if any).

Donation contract (if any).

Will (if any).

Sale contract related to copyright (if any).

Documents proving the right to apply the author or owner of the work.

Authorization contract (if any).

Author’s guarantee or declaration for the work.

Introduction to the work.

It is very important to prepare complete and accurate information and documents to ensure that the copyright registration process for fashion design works goes smoothly and effectively. This not only helps to avoid errors that can delay the registration process but also increases the possibility of approval, protecting the designer’s rights in the best way.

VCD believes that copyright registration for fashion designs is necessary to protect the designer’s rights, confirm intellectual property rights, and prevent unauthorized copying. Copyright certificates provide legal evidence in case of disputes while enhancing brand value and building trust with customers. Furthermore, copyright protection encourages creativity and sustainable development in the fashion industry.

Music Copyright in Dance Centers

Written by Editor VCD on 8 October, 2024. Posted in Announcement, Copyright Registration, Musical work.

The issue of copyright related to the use of music in dance and exercise classes is very popular today. Dance centers often choose new and popular songs to choreograph movements, to create a vibrant and exciting atmosphere for students. Music is not only the foundation for exercises but also a decisive factor in attracting customers, encouraging them to invest in the center’s services. So is the use of music like that a violation of copyright? Please follow the article of VCD below.

1. What is music copyright in dance centers?

Copyright is the author’s right to the works they create, protected from the moment the work is created. This right includes the right to manage, use, and exploit the value of the work. Other individuals or organizations are not allowed to infringe on these rights without the author’s consent. Copyright protects authors’ rights and prevents unauthorized copying and use of their works.

Music is one of the optimal and indispensable sources of entertainment for humans. Dance centers use music for many purposes to enhance the quality of teaching and the learning experience of students. Music creates a vibrant atmosphere, helping students focus and immerse themselves in the lesson. Music with clear rhythms supports movement instructions and practicing rhythmic and coordination skills. It also enhances concentration, inspiration, and motivation, helping students overcome difficulties. Finally, music encourages creativity, allowing students to develop unique and individual dance moves.

Accordingly, Music Copyright in dance centers is a legal right to protect the use of musical works in the teaching and performance process. This right includes the intellectual property rights of authors and producers of songs, music, and melodies, ensuring that the use of these works must be done with the consent and legal license from copyright management organizations.

2. Legal regulations on music copyright in dance centers

Dance centers use music for many different purposes, especially often using “hit” songs in choreography, creating a modern and dynamic feeling. This gives the center a good impression to students that the center is always updated with trends to create excitement for students. However, the use of new popular songs will also come with some copyright violations that the centers often do not pay attention to.

According to Article 14 of the Law on Intellectual Property, the concept of musical works is defined as follows: a musical work is a work expressed in the form of notes in a musical score or other musical symbols or shaped on a recording or video recording with or without lyrics, regardless of whether it is performed or not, and is one of the objects protected by copyright and the performer of that work is protected by related rights.

Accordingly, if you want to use musical works, you must have the permission of the author or copyright owner, except for some cases specified in Article 25 of the Law on Intellectual Property:

Self-copying a copy for scientific research or teaching.

Performing the work in cultural activities, propaganda, and agitation without collecting money in any form.

Converting the work into Braille or other languages for the visually impaired.

There are cases where you do not have to pay remuneration, and there are cases where you have to pay remuneration and royalties to the author or copyright owner. However, in any case, the use of musical works must be noted:

Must not affect the normal exploitation of the song.

Must not harm the rights of that work’s author or copyright owner.

The full name of the author, as well as the origin and source of the musical work, must be stated.

Dance centers that use songs to attract customers and encourage them to spend money on their services are considered a form of paid propaganda. In legal terms, this collection of money is understood as using the work for commercial purposes, so the use of musical works by dance centers to attract customers and generate profits is a commercial activity. Thus, dance centers that use musical works to attract customers and encourage them to spend money on their services must ask for permission and pay royalties, remuneration, and other material benefits to the copyright owner. This not only ensures compliance with the law but also shows respect for the creative efforts of artists and authors.

Failure to comply with copyright can result in serious legal consequences for dance centers, including heavy fines, lawsuits from copyright owners, and requests to stop using infringing music. Violations can also result in loss of reputation, economic loss due to compensation, and restrictions on the center’s operations. Therefore, compliance with copyright regulations is very important to protect the center’s rights and reputation.

Although there are currently regulations on copyright for musical works, these regulations are not specific and clear enough, making them difficult to apply and difficult to access. Therefore, VCD sees the need for more detailed guidance documents to help people better understand the provisions of the law and how to apply them more effectively. This will facilitate dance centers and related organizations in complying with the law and protecting the rights of authors.

Do street music performances without tickets require a permit?

Written by Editor VCD on 8 October, 2024. Posted in Announcement, Copyright Registration, Musical work.

Currently, street art performances have become a popular trend in Vietnam. In public spaces such as parks, walking streets and food courts, it is not difficult to see artists, individually or in groups, showing off their talents, mainly through singing performances. These activities not only create a lively atmosphere but also bring rich cultural experiences to locals and tourists. However, Do street music performances without tickets require a permit?. Please follow the article of VCD below.

1. What is a ticketless street music performance?

According to Article 2 of Decree 144/2020, performing arts activities are defined as activities that create artistic products in the form of text, sound, and images to communicate directly or indirectly through technical means to the public in the form of performing arts, circulating audio and video recordings with performing arts content.

At the same time, Clause 3 of this Article stipulates that performing arts include: theater, music, dance, and folk performance forms from traditional to modern in Vietnam and the world.

Street music performance is an artistic activity where artists demonstrate their musical talents in public spaces such as streets, parks, or squares, often free of charge to the audience. This activity allows artists to interact directly with the public, expressing a variety of musical genres.

Accordingly, Street Music Performances without Tickets are artistic activities in which artists perform music publicly at public places without charging an entrance fee. The audience can enjoy it for free, and artists often interact directly with the public.

2. Do street music performances without tickets require permission?

Clause 4, Article 3 of Decree 144/2020 stipulates prohibitions in performing arts activities as follows:

1. Opposing the Socialist Republic of Vietnam.

2. Distorting the history, independence, sovereignty and territorial integrity of the Socialist Republic of Vietnam; violating national security; denying revolutionary achievements; insulting leaders, national heroes, and celebrities; undermining the great national unity bloc; insulting beliefs and religions; racial discrimination; infringing upon the legitimate rights and interests of organizations and individuals.

3. Inciting violence, propagating wars of aggression, causing hatred between nations and peoples of countries, negatively affecting foreign relations. 4. Using costumes, words, sounds, images, movements, means of expression, forms of performance of behavior that are contrary to the nation’s traditions and customs, negatively affecting morality, public health and social psychology.

Accordingly, the use of costumes, words, sounds, images, movements, means of expression, forms of performance, and acts that are contrary to the nation’s fine customs and traditions, negatively impacting morality, public health, and social psychology are prohibited acts in performing arts programs.

At the same time, Clause 2, Article 9 of Decree 144/2020 stipulates the notification of organizing performing arts as follows:

1. Agencies and organizations carrying out activities specified in Clause 1, Article 8 of this Decree shall notify the state agency specified in Clause 3 of this Article before organizing. The head is responsible for implementation according to the approved plan.

2. Business establishments carrying out activities specified in Clause 2, Article 8 of this Decree shall notify the state agency specified in Point b, Clause 3 of this Article before organizing.

3. Notification receiving agency:

a) The People’s Committee of the province where the performance is organized receives notifications from agencies and units under central ministries, departments, branches, central agencies of political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations;

b) The People’s Committee of the district where the performance is organized receives notifications from other organizations and individuals.

4. Procedure for receiving notifications:

Agencies, organizations and individuals send written notifications (according to Form No. 01 in the Appendix issued with this Decree) directly; by post or online to the notification receiving agency at least 05 working days before the expected date of the art performance.

Therefore, business establishments organizing art performances for tourism, entertainment, recreation, restaurants that do not sell tickets to art performances must still notify the People’s Committee of the district where the performance is organized.

In terms of Intellectual Property, musical works are one of the types of works protected by copyright. Accordingly, the Law on Intellectual Property stipulates that performers of musical works do not have to ask for permission and pay remuneration to the copyright owner when performing in cultural activities or propaganda activities without collecting money in any form. On the contrary, in cases of performing for commercial purposes, they must ask for permission and pay remuneration to the copyright owner. Therefore, when performing musical works, performers must also pay attention to issues related to copyright to avoid infringement of the copyright of the owner of that work. In fact, performing in public places often requires permission if the purpose of the performance is really for charity or public service, then it is normal to go through the local Department of Culture and Sports to organize it. Even free weekend performances in front of the Ho Chi Minh City Opera House must also be licensed by the Department of Culture and Sports of Ho Chi Minh City – the place under the management of the center.

VCD believes that requesting permission to perform street music, even when not selling tickets, is necessary to comply with local laws. This helps ensure the safety of both artists and audiences, while managing public order. In addition, requesting permission also minimizes conflicts with other activities in the area and shows respect for the community and other artists. Furthermore, having a license can help you receive support from the authorities in promoting the event, creating conditions for artistic activities to take place smoothly and sustainably.

Copyright of music event scripts

Written by Editor VCD on 8 October, 2024. Posted in Announcement, Copyright Registration, Musical work.

Music event scripts play a key role in the construction and completion of any specific music performance program. This is a document that event organizers invest a lot of time, effort, and financial resources to create. Music event scripts are a special type of intellectual property, bringing important commercial value. Therefore, protecting and managing copyrights for this script must be taken into account and implemented from the beginning, to ensure the legitimate rights and interests of event organizers. The following article from VCD will help you understand better.

1. Concept of music event script copyright

A script is considered a detailed record of the plot, characters, environment, developments, and other relevant details of an artistic work such as a play, television, or video game, mainly to guide and support the production team during the production process.

Usually, the script is composed by a playwright or editor and then edited and adjusted to suit the production process. Music event scripts are usually written in text form with dialogue describing scenes and actions placed in corresponding frames and columns including instructions for actors and production crew.

A music event is a community cultural event that aims at live singing and playing musical instruments, usually taking place on an entertaining theme.

Copyright of music event scripts is an intellectual property right for the creator of that script. Specifically, this is the author’s exclusive right to a literary work (script) expressed in writing or other symbols, detailing the content, sequence, duration, performances, participating artists, and other elements of a musical event.

A musical event script is the first step in the entire process of producing a musical event program. The script is generally one of the types of literary works and is also one of the subjects protected by copyright as specified in Clause 1, Article 14 of the Law on Intellectual Property. In which, the author who creates the script is often called a screenwriter.

2. Legal regulations on the copyright of music event scripts

Procedure for forming a music event script:

Develop a detailed script: such as creating a logo, designing a theme, creating detailed content, time for each performance, etc.

Implementation: need to carry out tasks such as applying for a performance license, contacting suppliers of tools, equipment, artists, MCs, renting a venue, and signing a contract. In addition, it is necessary to carry out advertising communications for the program with marketing strategies.

Program management: includes 2 stages: stage 1 is preparing for the event and stage 2 is preparing for the closing stage of the event.

According to the provisions of Clause 1, Article 14 of the Law on Intellectual Property, music event scripts are protected by copyright in the form of literature, science, textbooks, teaching materials, and other works expressed in other written forms. The time of protection will arise from the time the musical event script for the product launch is created and expressed in writing. Thus, the musical event script will be automatically protected when created and expressed in writing without having to register with the Copyright Office. However, when there is a dispute over the copyright owner, the scriptwriter will also encounter difficulties, and spend effort, time, and money to prove the legitimate rights to that musical script. Therefore, to protect the musical event script from infringement, it is necessary to register the copyright with the Copyright Office.

The registration dossier includes:

Application form for copyright registration for the script

Authorization letter from the customer for the company to submit

Two copies of the script to be registered for copyright printed on A4 paper and bound into a book

Author’s guarantee

Copy of the author’s ID card

Consent document of co-authors if the script has co-authors

01 CD containing the script content

Other documents depending on the content requested

Within 15 working days from the date of receiving all valid registration documents, the Copyright Office will issue a copyright registration protection certificate. If the registration documents are incomplete or invalid, the Copyright Office will send a written notice requesting additional information to the applicant (according to the provisions of Article 52 of the Law on Intellectual Property).

In addition, it is possible to transfer the music event script, it is completely possible to carry out contracts and commercial transactions for the script through the form of transferring or granting the right to use the script. The transfer of copyright for music event scripts is similar to other civil transactions, however, it is necessary to note that there is a certificate of copyright registration to legalize this transaction. In addition, it is necessary to note that the transfer can only be made to subjects of rights that can be transferred. The author’s rights cannot be transferred in any form, including The right to name the work; the real name or pen name on the work is stated in the real name or pen name when the work is published for use; and protecting the integrity of the work, not allowing others to edit, cut or distort the work in any form that harms the honor and reputation of the author.

VCD finds that copyright protection for music event scripts is extremely necessary. This is a document created with a lot of effort, time, and financial resources by the organizer, so it needs to be protected by intellectual property rights. Moreover, the music event script has high commercial value, and can bring important revenue, so copyright protection helps ensure financial benefits and increase brand value for the organizer.