Author: Editor VCD

Copyright is one of the important intellectual property rights, which aims to protect the rights and creative efforts of the author for the work they create or own. One of the rights that the author has is to transfer the right to use the work to another organization or individual. However, there are cases where copyright is not allowed to be transferred. The following article of VCD will help you.

1.      What is copyright?

According to Clause 2, Article 1 of the current Intellectual Property Law, the concept is as follows: Copyright is the right of an organization or individual to the work they create or own.

Thus, copyright includes specific rights granted by law to the author or owner of a work, such as the right to name or pen name on the work, to have the real name or pen name mentioned when the work is published, to be copied, adapted or transmitted, to disseminate the work to the public, etc.

Copyright has some of the following outstanding characteristics:

• Copyright is aimed at protecting the form of expression of the work.

• The form of establishing rights is based on an automatic mechanism.

• Copyright limited transfer.

2.      Cases where copyright cannot be transferred

According to Article 45 of the current Law on Intellectual Property, “The transfer of copyright and related rights is the act by which the copyright owner or related rights owner allows another organization or individual to use for a limited period one, some or all of the rights specified in Clause 1 and Clause 3, Article 19, Clause 1, Article 20, Clause 3, Article 29, Clause 1, Article 30 and Clause 1, Article 31 of this Law”.

Thus, the groups of rights that are allowed to transfer copyright include:

Personal rights

Naming the work.

Publishing the work or allowing others to publish the work.

Property rights

Property rights such as Making derivative works; Directly or indirectly copying the whole or part of the work; Broadcasting and communicating the work to the public; Distributing and importing for distribution to the public;

Performers’ property rights such as: Broadcasting, communicating to the public the fixed version of their performance; Fixing their live performance on a sound recording, video recording; Leasing the original or a copy of a cinematographic work, computer program;

Property rights of producers of sound recordings, video recordings such as: Copying all or part of their sound recordings, video recordings; Distributing, importing for distribution to the public; Commercially leasing to the public the original, a copy of their sound recordings, video recordings; Broadcasting, communicating to the public their sound recordings, video recordings;…

Broadcasting organizations’ rights such as: Broadcasting, rebroadcasting their broadcast programs; Fixing their broadcast programs; Directly or indirectly copying all or part of their broadcast program fixation; Distributing, importing for distribution to the public.

For the transfer of copyright, the author is not allowed to transfer the following personal rights:

• To have his/her real name or pen name on the work; to have his/her real name or pen name mentioned when the work is published or used;

• To protect the integrity of the work, not to allow others to edit, cut or distort the work in any form that harms the honor and reputation of the author.

• For the transfer of related rights, the performer is not allowed to transfer the following personal rights:

• To be introduced by name when performing, when releasing audio recordings, video recordings, or broadcasting the performance;

• To protect the integrity of the performance image, not to allow others to edit, cut or distort in any form that harms the honor and reputation of the performer.

The transfer of copyright rights is carried out through a copyright license contract, according to the provisions of Article 48 of the Law on Intellectual Property, this contract must be made in writing. The main contents of the contract include:

• Full names and addresses of the transferor and the transferee.

• Basis for transfer.

• Scope of transfer.

• Price and method of payment.

• Rights and obligations of the parties.

• Responsibilities in case of breach of contract.

• In addition, the implementation, amendment, termination or cancellation of the contract will be applied according to the provisions of the Civil Code.

According to Article 41 of Decree 17/2023/ND-CP, the issuance of a new Certificate of Copyright Registration and Certificate of Related Rights Registration shall take place when there is a change in the copyright owner, related rights owner, or information related to the author, work, performance, sound recording, video recording, or broadcast program.

Meanwhile, transferring the right to use copyright is only allowing the use of copyright for a certain period of time without transferring ownership. Therefore, transferring the right to use is not considered a change of copyright owner, and therefore, there is no need to carry out the procedure for issuing a new Certificate of Copyright Registration.

Above is the article “Cases where copyright cannot be transferred” that VCD sent to you. We hope this article is useful to you.

In the context of the modern market economy, capital contribution to enterprises is becoming more and more diverse and rich. One of the notable forms of capital contribution is the use of copyright as a capital contribution. Therefore, many people ask whether copyright is allowed to be contributed to establish a business or not? The following article by VCD will help you.

1.      Is copyright a type of property?

According to the provisions of Article 105 of the 2015 Civil Code, property is defined to include objects, money, valuable papers and property rights, classified into real estate and movable property. Real estate and movable property can be existing property or property formed in the future. Also according to Article 115 of this Code, property rights are defined as rights that can be valued in money, including intellectual property rights, land use rights and other property rights.

According to Clause 1, Article 4 of the current Law on Intellectual Property, intellectual property rights are the rights of organizations or individuals to intellectual property, including copyright and related rights, industrial property rights and rights to plant varieties.

From these provisions, it can be affirmed that copyright is recognized as a type of property. Thereby, copyright owners have the ability to profit from their creations, according to the provisions of current law.

2.     Is it allowed to contribute capital using copyright?

According to the 2020 Enterprise Law, capital contribution is understood as the contribution of assets to form the charter capital of a company, including capital contribution to establish a new company or increase the charter capital of an established company.

Intellectual property rights, according to the provisions of the current Intellectual Property Law, are the rights of organizations or individuals to intellectual property, including copyrights, related rights, industrial property rights and rights to plant varieties.

In Clause 1, Article 34 of the Enterprise Law 2020, contributed capital is determined to be Vietnamese Dong, freely convertible foreign currencies, gold, land use rights, intellectual property rights, technology, technical know-how and other assets that can be valued in Vietnamese Dong. However, it should be noted that only individuals or organizations that are legal owners or have legal rights to use the above assets have the right to use such assets to contribute capital according to the provisions of law.

Therefore, individuals or organizations that legally own intellectual property rights have the full right to use these assets to contribute capital. Capital contribution here is understood as the transfer of intellectual property value through recording the owner on the protection certificate and including this ownership in the list of contributed assets of the enterprise.

3. Conditions for property rights to be contributed as capital.

The property is an intellectual property right that has been registered with a competent state agency and has been granted a protection certificate. Only the owner, that is, the person whose name is on the protection certificate, has the right to use this intellectual property to contribute capital to the enterprise.

According to Clause 1, Article 36, contributed assets that are not Vietnamese Dong, freely convertible foreign currency or gold must be valued by members, founding shareholders or a valuation organization, and the value must be expressed in Vietnamese Dong. Contributed assets when establishing an enterprise must be valued according to the principle of consensus among members or through a valuation organization. If a valuation organization is used, the value of the asset must be approved by more than 50% of the members and founding shareholders.

Note:

• If the contributed asset is valued higher than its actual value at the time of capital contribution, the members and founding shareholders will have to jointly contribute the difference between the valuation and the actual value. At the same time, they will also be responsible for damages arising from intentionally valuing the asset higher than its actual value.

• The capital contribution is only considered complete when the legal ownership of the contributed asset has been transferred to the company. For assets used in the business activities of the owner of a private enterprise, it is not necessary to carry out procedures to transfer ownership to the enterprise.
• In addition, all activities related to the purchase, sale, transfer of shares and capital contributions, receipt of dividends and transfer of profits abroad by foreign investors must be carried out through accounts in accordance with the provisions of the law on foreign exchange management. However, cases of payment by assets or other forms other than cash are still accepted.

Above is the article “ Is it allowed to contribute capital with copyright?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

In the era of strong digital technology development, people’s need to access information is increasing. The explosion of the Internet and social media platforms has opened up many opportunities for digital content creation. However, this also poses a big challenge for creators in protecting the copyright of their works. The following article from VCD will help you.

1.      What is content creation? Who is a content creator?

Article 2 of Circular 02/2025/TT-BGDDT (effective from March 11, 2025) stipulates as follows:

…

12. Digital etiquette is a set of rules, standards and appropriate behaviors in the digital environment, including communication via the Internet, using social networks, email, applications and online platforms.

13. Digital content is content that exists in the form of digital data encoded in a readable digital format and can be created, viewed, distributed, modified and stored using computers and digital technology.

14. Digital communication means are platforms, tools and content created, stored, distributed and accessed through digital technology, including the Internet, social networks, mobile applications, electronic devices.

Accordingly, digital content creation is understood as the production of content on digital platforms. Content can include many different formats such as articles, videos, images, sounds, etc.

Digital content creators are generally called digital creators or content creators, who are individuals who utilize their thinking and creativity to produce content on social media to attract viewers. They can be anyone from young creative enthusiasts to those who have experience in the media field. They can work independently or in groups to monetize their content through advertising, sales cooperation, etc. They can work for many different purposes, including entertainment, education, marketing or communication.

2.      What do content creators need to do to protect the copyright of their work?

In recent years, the profession of digital content creation has grown strongly, especially in developed countries. This is due to the explosion of the internet and social media platforms, which have created opportunities for people to share their content with a large audience.

Vietnamese law does not have the concept of copyright, in legal language, copyright is authorship. Pursuant to Clause 2, Article 4 of the Law on Intellectual Property: “Copyright is the right of an organization or individual to a work that they create or own”. Copyright issues are regulated in the current Law on Intellectual Property, relevant Decrees, Circulars and other legal documents. Pursuant to Article 14 of the current Law on Intellectual Property, works that are protected by copyright are specifically regulated.

To protect intellectual property rights for creative content products, pay attention to the following points:

• First, registering copyright at the Copyright Office is necessary. Submit an application for registration for products such as articles, videos, images and music. This application must include a copy of the work, information about the author and owner, along with relevant documents to prove ownership.

• After completing the registration process, the owner will receive a certificate of copyright. This is an important legal document that helps protect their rights in case of a dispute. This certificate not only confirms ownership but also facilitates the handling of issues related to copyright infringement.

• In addition to registration, technological measures should be applied to protect content. The use of watermarks, encryption, and copyright tracking tools will help prevent unauthorized copying and use. These technologies not only protect the product but also enhance the value and reputation of the work.

• Finally, the owner needs to monitor and handle violations regularly. Monitoring to promptly detect violations such as unauthorized copying or distribution is very important. When detecting violations, the owner should take appropriate measures, such as sending warnings, requesting the removal of infringing content, or even filing a lawsuit if necessary. Following these steps will help protect your intellectual property and rights effectively.

Above is the article “What should content creators do to protect the copyright of their works?” that VCD sends to you. We hope this article is useful to you.

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In today’s digital age, video editing has become an indispensable part of content production on media platforms. However, besides the creativity and convenience it brings, copyright issues have also become a major concern. Video editing is not simply editing images and sounds; it is also closely related to copyright and intellectual property protection. So does video editing violate copyright? Follow the article “Is video editing a copyright infringement”of VCD below.

1. What is video editing?

Simply put, video editing is the process of editing videos by removing unnecessary parts and combining video clips together to create a more complete product. The editor will select and cut out redundant moments, errors, or unrelated parts. Then, the cut video clips will be re-spliced, creating a coherent timeline. Besides being able to edit audio, including adjusting the sound, adding background music or sound effects. In addition, you can also add visual effects, text, or transitions to make the video more attractive.

2. Does video editing violate copyright?

Copyright is the author’s right to the works he or she creates, and this right is usually established at the time the author creates the product. Other individuals are not allowed to infringe on the right to manage, use and exploit the value of the work without the author’s consent.

Individuals or organizations that hold copyright have the right to use and exploit the benefits related to their products. The law protects these basic rights, ensuring that copyright holders are recognized and protected.

Copyright infringement is understood as the unauthorized use of another person’s copyrighted work that is protected by copyright law, such as copying, distributing, displaying, or performing the protected work, etc. In which, the copyright owner is usually the creator of the work or the producer or business to whom the copyright is assigned.

There are many examples of video editing that can violate copyright. A common case is the use of scenes from a famous movie without the permission of the producer or copyright owner. Even reaction videos, in which users edit the original video and add their own reactions, can be considered infringement if not approved. In addition, creating a music mashup by combining multiple songs from different artists without permission is also an act of infringement. Clips from TV shows or documentaries cannot be edited without the consent of the broadcasting unit. Creating a video compilation from multiple sources without clearly stating the origin or without permission also poses a risk of copyright infringement.

Article 28 of the Vietnamese Intellectual Property Law specifically stipulates 16 acts that are considered copyright infringement. Organizations and individuals who commit one of the above acts may be subject to civil, administrative or criminal penalties depending on the level and nature of the act.

Pursuant to Clause 4, Article 19 of the Intellectual Property Law, the owner has the right to protect the work he or she creates, including the right to: Protect 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.

Thus, comparing the provisions of the law, the act of cutting and editing other people’s video clips must have the consent of the author or copyright owner. Without the consent of others to use or copy their work, any act of cutting, editing, or using images or sounds in their Clips is an act of intellectual property infringement. Therefore, to limit and prevent copyright infringement, authors and owners have the right to request those who cut or edit images to immediately stop infringing their intellectual property rights – copyrights related to posted videos. If the acts of infringers cause material and spiritual damage to them, they can be sued and the Court will force the infringer to compensate them for the damage.

In addition, based on the nature and extent of the act of infringing on the copyright of others, the infringer will be administratively fined from 3 to 5 million VND and at the same time will be subject to remedial measures such as removing edited Clips and publicly correcting them on mass media.

Above is the article “Is video editing a copyright infringement?” that VCD sends to you. We hope this article is useful to you.

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Copyright is an important component of intellectual property rights, and therefore, it also possesses the outstanding characteristics of this field. The objects protected by copyright are intellectual creative activities, expressed through unique works in literature, art and science. Moreover, copyright also has certain limitations in terms of space, time and content of protection, to ensure fairness and reasonableness in the use of works. However, the question is whether copyright protects the content of the work or not. The following article of VCD will help you.

1.      What is copyright?

The term “copyright” is expressed differently in different languages: English uses “copyright” (meaning the right to copy), French is “droit d’auteur” (author’s right), and German is “Urheberrecht” (copyright). This difference reflects the diverse approaches to the concept of copyright and the protected subjects. Depending on the viewpoint, copyright law in the world is divided into two systems: the continental European system (Droit Auteur – System) and the Anglo-American system (Copyright – System). Regardless of the approach, countries agree that copyright includes the rights (personal rights and property rights) of the subject (author and copyright owner) to their work, recognized and protected by law.

According to the current Vietnamese Intellectual Property Law, the concept of “copyright” according to Clause 2, Article 4 of the 2005 Intellectual Property Law (amended and supplemented in 2009, 2019) is the right of an organization or individual to the work they create or own. In which, copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, means, language, regardless of whether the work has been published or not, registered or not with the competent authority.

Thus, as soon as the work is created, comes into being and exists in a recognizable form, copyright also arises from that moment. At the same time, the subject of copyright includes literary, artistic, and scientific works; the subject of rights related to copyright includes performances, sound recordings, video recordings, broadcast programs, and encrypted satellite signals carrying programs.

2.      Does copyright protect content?

Characteristics of copyright:

• First, the subject of copyright is the product of creative spiritual activities. This creative field mainly focuses on culture and art, aiming to satisfy spiritual needs and improve knowledge in these fields. The work, as the subject of copyright, often reflects the thoughts, feelings, style and outlook on life of the creator, containing certain spiritual content.

• Second, copyright is established automatically. This means that copyright arises without any procedures or formalities. When a work is shaped and recognizable, the author or copyright owner automatically has rights to that work, and these rights are recognized and protected by law without the need for registration. However, protection will not apply when the work exists only in the creator’s idea.

• Finally, copyright only protects the form of expression of the work, not the creative idea.

One of the important characteristics of copyright is that it only protects the form of expression of the work, not the content inside. Creative works in the fields of literature, art and science are only valuable when the public can access them. Therefore, copyright is only protected by law when the work is expressed in a specific form that can be recognized and identified.

Creative activities often require material sources such as ideas and information, and these sources can be considered common property of society. Everyone has the right to exploit them freely, so they are not within the scope of copyright protection. From these common material sources, the author uses tools such as language, sound, images, and colors, and adds personal thoughts and feelings to create the work.

Although the ideas and themes of the works may overlap, the form of expression of each author cannot be identical, because the creative process depends on the way the author uses his materials and tools.

Based on the above analysis, it can be seen that the law only protects copyright for the form of expression, but does not protect the theme or content of the work.

Above is the article “Does copyright protect content?” that VCD sends to you. We hope this article is useful to you.

Sincerely,