Author: Editor VCD

Copyright protection in the field of e-commerce

Written by Editor VCD on 3 December, 2024. Posted in Announcement, Copyright Registration.

In the era of e-commerce, copyright protection is more urgent than ever. The rapid development of digital content makes copying and sharing easy, while posing many challenges for authors and businesses. So how to protect copyright in the field of e-commerce?. Follow the article of VCD below.

1. Overview of e-commerce

E-commerce in a broad sense is all commercial transactions conducted by electronic means. Specifically, it refers to activities facilitated by communication networks, computer networks and the Internet.

Vietnamese law stipulates in Clause 1, Article 3 of Decree 52/2013/ND-CP, amended and supplemented by Decree 85/2021/ND-CP, as follows: E-commerce activities are the conduct of part or all of the process of commercial activities by electronic means connected to the Internet, mobile telecommunications networks or other open networks.

Characteristics of e-commerce:

E-commerce uses electronic methods to conduct commercial transactions: the use of electronic methods allows parties to carry out activities of buying, selling, transferring, exchanging information about products, goods, services, etc.

E-commerce is cross-border: electronic means create a space with a global network that clearly demonstrates the ability to erase the barriers of territorial borders and geographical distances that have always existed in traditional commerce.

E-commerce is interdisciplinary and multi-disciplinary: the process in e-commerce is standardized, not only existing in buying and selling activities, providing services but also combining intermediary services, activities occurring simultaneously and supporting each other.

E-commerce has diversified the participating subjects and the objects of transactions: in addition to traditional commercial subjects, e-commerce requires the participation of third parties as intermediaries such as internet service providers, logistics services, etc.

2. Regulations on determining copyright infringement in the field of e-commerce

Article 28 of the current Intellectual Property Law divides copyright infringement into 4 main groups:

Group 1: Acts infringing on personal rights.

Group 2: Acts infringing on property rights.

Group 3: Acts infringing on technical measures.

Group 4: infringement acts related to the digital environment: intentionally distributing, displaying or communicating works to the public through communication networks and unauthorized digital means. Legal responsibility of intermediary service providers (ISPs) when failing to implement or not fully implementing the provisions to be exempted from legal liability as prescribed in Article 198b of the Law on Intellectual Property.

When an act of copyright infringement occurs on the environment of an e-commerce website platform, intermediary service providers will be legally responsible for the acts created by their users, except in cases of exemption under Clause 3, Article 198b of the Law on Intellectual Property. Intermediary service providers are obliged to deploy technical measures and coordinate with competent state agencies to enforce measures to protect copyright in the e-commerce environment.

In addition, Decree 17/2023/ND-CP also stipulates a separate section 7 of Chapter VI on enterprises providing intermediary services. Accordingly, these enterprises with the function of “storing digital information content upon request” will have to remove or prevent access to digital information content upon request of competent state agencies under Article 113 or requests of copyright and related rights holders under Article 114.

3. Measures to protect copyright in e-commerce

Self-protection measures: This is a measure that is encouraged and prioritized to be applied to proactively protect copyright from the rights holder, minimizing disputes. In addition to exercising this right themselves, copyright holders can authorize other organizations and individuals to apply measures to protect rights.

Civil measures: measures to protect copyright applied by the Court against the subject of infringement at the request of the right holder as prescribed in Article 202 of the Law on Intellectual Property. Compensation for damages is the most important sanction and the main purpose of the owner when using civil measures as prescribed in Article 205 of the Law on Intellectual Property. The statute of limitations for filing a lawsuit for copyright infringement with a request for compensation for damages is 3 years (Article 588) from the date the recipient of the request knows or should know that his/her legitimate rights and interests have been infringed; this statute of limitations does not apply to requests for protection of personal rights.

Administrative measures: applied by competent authorities to acts of infringement of rights to works, including administrative sanctions and measures remedy the consequences and handle infringing goods. Depending on the nature and severity of the violation, the maximum fine for individuals is 250 million VND and for organizations is 500 million VND (according to the provisions of Article 2 of Decree 131/2013/ND-CP).

Criminal measures: criminal measures are applied to acts of copyright infringement at a dangerous level with signs of constituting a crime committed by individuals or commercial legal entities as prescribed in Article 212 of the Law on Intellectual Property. Depending on the nature and severity of the violation, individuals can be fined up to 1 billion VND or imprisoned for up to 3 years. As for commercial legal entities committing crimes, they can be fined up to 3 billion VND or suspended for a period of up to 2 years. In addition, they must also be subject to other additional penalties.

Above is the article “Copyright protection in the field of e-commerce” that VCD sends to you. We hope you find this article useful.

Sincerely,

Copyright in digitizing documents

Written by Editor VCD on 3 December, 2024. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches.

In the current digital era, preserving and accessing documents has become easier than ever. However, the rapid development of technology also poses many challenges to copyright. Copyright not only protects the rights of authors but also ensures that documents are digitized and shared legally. Please follow the article of VCD below.

1. What is a digital library?

According to the provisions of Clause 2, Article 3 of the 2019 Library Law as follows: A digital library is a library or part of a library with information resources processed and stored in digital form that library users access and exploit through electronic devices and cyberspace.

Therefore, a digital library or electronic library is a type of library that has computerized all or some library services, where users can come to look up and use services that are usually done in a traditional library but have been computerized.

Currently, the development of digital libraries is being promoted in Vietnam to modernize libraries, meet the needs of library users and build digital databases.

2. Authors’ rights in digitizing documents

The 2019 Library Law has provided important regulations on the development of digital libraries, especially in protecting copyright and managing digital information resources. Article 31 of this Law clearly states the basic principles in building and managing digital information resources, including:

Building digital information resources: Libraries need to systematically collect and digitize documents, ensuring that these resources are preserved and accessed effectively.

Resource handling and preservation: The storage and preservation of digital information resources must comply with technical and professional library standards, to ensure the safety and integrity of documents.

Use advanced software: To manage digital libraries, modern technologies need to be applied, from designing smart user interfaces to ensuring openness and connectivity between data systems. This not only makes searching and exploiting documents easier but also supports granting access to users.

Providing access: The law also stipulates that libraries must ensure access to digital information resources, enabling users to make the most of these resources.

Digital library operations can infringe copyright by digitizing documents and allowing users to download or upload digitized documents without the author’s permission. The 2009 Intellectual Property Law has been amended and supplemented by the 2022 Intellectual Property Law, which has new regulations on digital library activities related to intellectual property rights. Specifically, according to the provisions of Article 25 as follows:

Exceptions that do not infringe copyright

1. Cases of using published works without permission or paying royalties but must provide information about the author’s name and origin of the work include:

…

e) Using works in library activities for non-commercial purposes, including copying works stored in libraries for preservation, provided that this copy must be marked as an archived copy and limited to the target audience according to the provisions of law on libraries and archives; reasonably copying a part of a work using a copying device for others to serve research and study; Copy or transmit a work stored for inter-library use through a computer network, provided that the number of readers at the same time does not exceed the number of copies of the work held by the above libraries, except in cases where the copyright owner permits and does not apply in cases where the work has been provided on the market in digital form;

Based on this regulation, libraries can now use published works without permission or paying royalties, but must record information about the author’s name and the origin and source of the work in the following cases:

Copy for storage (with a backup copy marked and limited access).

Copy or transmit the author via computer (provided that the number of readers at the same time does not exceed the number of copies of the work). This regulation does not apply in cases where the work has been provided on the market in digital form.

Copying a part of the work using a copying device for research and study purposes.

Therefore, libraries may be related to digitized documents according to the additional regulations, accordingly, to ensure compliance with intellectual property rights and avoid copyright infringement, libraries need to strictly control and monitor the activities of users in digital libraries. At the same time, there needs to be cooperation and responsibility from both authors and users to maintain a balance between the interests of the parties involved.

Above is the article “ Copyright in digitizing documents ” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Basis for determining copyright infringement

Written by Editor VCD on 26 November, 2024. Posted in Announcement, Copyright Registration.

In the context of an increasingly developing knowledge economy, copyright has become one of the important issues in the field of intellectual property. Copyright infringement not only affects the interests of authors and creative organizations, but also causes negative consequences for the whole society. To protect the legitimate rights of authors, it is extremely necessary to clearly identify the bases and criteria for identifying infringement. The following article from VCD will help you.

1. What is copyright infringement?

Copyright includes personal rights and property rights of authors and copyright owners as prescribed in Articles 19 and 20 of the current Law on Intellectual Property.

Copyright infringement is usually an act in the form of an action that affects the integrity of the work, infringes on the personal values, prestige, and reputation of the author, or illegally exploits and uses the work.

The nature of copyright infringement is illegal exploitation, that is, using the exclusive rights of the author or copyright owner without permission and without respecting the rights of that owner. These copyright infringements are actually very diverse and the infringing subjects are also different.

2. Basis for determining copyright infringement

According to Article 64 of Decree 17/2023/ND-CP detailing a number of articles and measures for implementing the Law on Intellectual Property on copyright and related rights, the basis for determining copyright infringement is based on the following grounds:

First, the subject under consideration falls within the scope of subjects currently protected by copyright as prescribed in Article 14 of the current Law on Intellectual Property. These subjects must satisfy the conditions on the basis for establishing rights as specifically prescribed in Clause 1, Article 6 of the Law on Intellectual Property.

Second, there is an infringing element in the subject under consideration. Common infringing elements in copyright infringement are the modification or cutting of a work that affects its originality, illegal copying of a work, or use of a work without permission or payment to the author or copyright owner.

Third, the person performing the considered act is not the subject of copyright or related rights. In case there are many co-authors or co-owners of copyright, the act of infringement may occur between the co-authors or co-owners when one of them performs the act without the consent of the other parties. The acts of infringement will be considered as violations if the person performing the act is not permitted by law or competent authority, according to the provisions of Clause 3, Article 20, Clause 5, Article 29, Clause 3, Article 30, Clause 3, Article 31 and Articles 25, 25a, 26, 32 and 33 of the Law on Intellectual Property. Fourth, the act under consideration occurred in Vietnam. Violations occurring within the territory of Vietnam will be subject to the provisions of Vietnamese law. If the infringement occurs via telecommunications networks or the Internet, it is also considered to have occurred in Vietnam when: the consumer or user of digital information content is a person in Vietnam and the infringing content is accessed or exploited from Vietnam.

3. Some measures to overcome copyright infringement

Registering copyright for a work: is an important step, helping the author obtain legal evidence of ownership. This not only protects the author’s rights but also creates more favorable conditions for resolving disputes if they occur. Thanks to that, the author can effectively prevent acts of infringement of his rights.

Raising people’s awareness of respecting copyright and the right holders’ awareness of self-protection: awareness of respecting copyright is one of the most important conditions affecting the enforcement and protection of copyright in a country. If people have a good awareness of protecting copyright, infringement can be prevented and stopped. In addition, the state needs to strengthen education on copyright and related rights in schools and other educational institutions.

Enhance the role of collective copyright representative organizations: Collective copyright representative organizations act as intermediaries between authors, copyright owners and organizations and individuals who need to exploit and use works, especially in the issue of copyright fees. Therefore, promoting the role of collective representative organizations, in addition to helping authors, also contributes to stabilizing and limiting current copyright infringements, supporting state management activities.

Apply some technological measures: technological measures can be applied such as using copyright protection software (DRM, watermarking), applying blockchain to authenticate ownership, deploying online monitoring systems and applying artificial intelligence to detect violations. In addition, developing a platform for sharing legal content, building a system for reporting violations, and organizing online courses on copyright are also effective solutions.

Above is the article “Basis for determining copyright infringement” that VCD sends to you. We hope this article is useful to you.

Sincerely,

How is trademark registration different from copyright registration?

Written by Editor VCD on 26 November, 2024. Posted in Announcement, Copyright Registration.

In the field of intellectual property, trademark registration and copyright registration are two important but different concepts. Although both aim to protect the rights of creators, they serve different purposes and apply to different types of intellectual property. So how are trademark registration and copyright registration different? Follow the article of VCD below.

1. Trademark registration

A trademark is a special sign used to identify a company’s products or services. In other words, a trademark is an object protected by industrial property, a sign to distinguish goods and services of different organizations and individuals.

According to Clause 3, Article 6 of the current Law on Intellectual Property, industrial property rights for trademarks (except for famous trademarks) are established on the basis of the decision to grant a protection certificate by a competent state agency according to the registration procedure or recognition of international registration under an international treaty to which the Socialist Republic of Vietnam is a member. Therefore, trademark registration is a procedure to confirm industrial property rights for a trademark. This means that the trademark registration application is fully protected and undergoes a strict formal and substantive examination process by the Intellectual Property Office.

Trademark registration process:

Trademark search: conduct a thorough search to ensure that the desired trademark has not been registered by another party. Normally, a consulting unit will be selected to provide services for preliminary trademark searches and in-depth trademark searches.

Prepare registration documents: After an in-depth search and the trademark is assessed as being capable of registration, the registration application will be submitted. Applications are submitted to the National Office of Intellectual Property of Vietnam directly or online.

Examination stage: The National Office of Intellectual Property of Vietnam will examine the application to ensure that it meets all legal requirements and does not conflict with existing trademarks.

Publication: An approved valid application will be publicly announced. The formal examination period is about 1 month from the date of the valid application. The publication period is within 2 months from the date of the decision on the trademark application. The substantive examination period is no more than 9 months from the date of publication.

Granting of a certificate of protection: After going through the examination process, the applicant will be granted a Certificate of Trademark Registration if all fees and charges are paid.

Registration: The certificate of protection is recorded in the national register of industrial property.

Significance of Trademark Registration:

Trademark registration brings many important benefits, including creating a legal basis to protect the rights of individuals and organizations, helping to distinguish goods and services between businesses. It not only enhances brand value but also strengthens intellectual property rights, allowing businesses to sue if there is an infringement. Furthermore, a registered trademark creates trust for customers, showing the business’s commitment to the quality of products and services.

2. Copyright Registration

Copyright is a form of intellectual property protection that protects original creative works. It grants creators exclusive economic rights to control the use and distribution of their work, including the rights to copy, distribute, perform, display, and create derivative works.

Copyright plays an important role in promoting creativity and innovation. By ensuring that creators can benefit from their work, copyright prevents unauthorized use and protects their rights. This protection encourages individuals and organizations to invest time and resources in developing new works, because they believe that their rights will be respected.

Copyright is essentially a term that refers to the form of protection for copyright and related rights, so copyright registration is the procedure of recording the copyright or copyright owner’s rights to the work they create or own. This procedure only protects the form of the work, but the content such as the semantics of the message will not be protected.

Copyright registration process:

Identify the work to be registered.

Prepare the copyright registration dossier: After determining the type of work to be registered, the author and owner of the copyright of the work will prepare the dossier according to regulations.

Submit the dossier and copyright registration fee: Within 15 days from the date of receiving a valid dossier, the Copyright Office is responsible for issuing a Certificate of Copyright Registration to the applicant.

Register and publish: The Certificate of Copyright Registration is recorded in the National Register of Copyright and published in the Official Gazette on Copyright and Related Rights.

Significance of copyright registration:

Copyright registration is an important step to help protect creators from unauthorized use of works, such as theft, copying or abuse. Creating a valuable work requires investment of effort, intelligence, time and finance. Copyright registration not only recognizes individual creativity but also brings worthy rewards to the author, thereby motivating their working spirit and encouraging creativity in the community.

Above is the article “What is the difference between trademark registration and copyright registration?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Apply for a license to adapt it to an audiobook

Written by Editor VCD on 20 November, 2024. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches.

Adapting books to audiobooks is an important step in expanding access to information and knowledge, in line with the development of technology and the need to listen to books instead of reading traditional texts. However, to do this legally and in compliance with the law, applying for a license to adapt is mandatory. So how to apply for a license to adapt to audiobooks? Follow the article of VCD “Apply for a license to adapt it to an audiobook” below.

1. What is adapting books to audiobooks?

Books are intellectual products of humans accumulated through practical knowledge, culture, and history. A book is a collection of pages or documents containing text or images, bound together into a book for the purpose of preserving and transmitting knowledge, information, or entertainment.

Adapting books to audiobooks is the process of adapting the content of a book from text to sound. This allows the listener to access the content of the book through the voice, rather than having to read it with their eyes. Audiobooks are usually recorded with one or more speakers speaking the content. This process may include the addition of background music or sound effects to enhance the listener’s enjoyment.

An audiobook license is an official legal document that allows a printed book (or e-book) to be adapted into an audio format to become an audiobook. This allows the work to be experienced through listening, rather than reading directly from the text. This license protects the rights of the author and publisher, and ensures that the original content is used legally and does not infringe on intellectual property rights.

2. Conditions and documents to apply for a license to adapt a book into an audiobook

To apply for a license to adapt a book into an audiobook, you need to meet the following conditions:

Ownership or licensing: must prove legal ownership of the original work or have a license to use the content from the copyright owner. This also applies to cases of quoting content from other works (if necessary).

Consent from the author or copyright owner: If the author is still alive or can be verified, you need to get consent from them or from the copyright holder to carry out the conversion.

Conpliance with copyright laws: The adaptation must adhere to copyright regulations and not infringe upon any other legal statutes related to the content.

Copyright application procedures: Submission of copyright-related documents may be required, along with obtaining a license from an appropriate cultural or media management agency (such as the Copyright Office).

Certificate or supporting documents: In certain instances, additional documents may be needed to justify the purpose of the adaptation, ensuring that the final product meets prescribed quality standards.

To apply for a license to adapt a book into an audiobook, you need to prepare the following documents and information:

Application for a license to adapt a book into an audiobook, you need to prepare the following documents and information:

Application for a license to adapt a book into an audiobook: The application must clearly state the reason and purpose of adapting a book into an audiobook.

Copy of the original book publication: A copy of the original work that has been published or announced.

Publishing license decision: A copy of the decision to allow the publication of the original book from the competent authority.

Adaptation contract: A contract signed between you and the copyright owner of the original book.

Audiobook sample or audiobook script: A sample or script of the book after adaptation.

Personal documents: Copy of ID card, passport or other identification documents to confirm identity.

Other relevant documents: Additional documents (if any), such as proof of purpose of use or registered copyright certificate.

After completing the application, you can submit it directly to the publishing management agency or send it by post. The processing time will depend on the management agency and it usually takes a certain amount of time to review and grant a license

3. In which cases is a license not granted to adapt to audiobooks

According to Article 20 of the Law on Intellectual Property, the right to create derivative works (such as adapting books into audiobooks) is one of the property rights of the author or copyright owner. This means that the author or copyright owner has the exclusive right to perform or license others to perform derivative works. If an individual or organization wants to make a derivative work, they must ask for permission and have the consent of the copyright owner. At the same time, they must pay royalties and other material benefits to the owner.

According to Article 28, Clause 2 of the Law on Intellectual Property, any act of adaptation without the consent of the author or without paying royalties is considered an infringement of the author’s property rights. This is a violation of the law, and the copyright owner has the right to request compensation or sue the infringing parties.

Consequence, adapting a book into an audiobook without the consent and full payment of royalties will be considered an act of copyright infringement, and may lead to legal consequences.

Above is the article “Requesting permission to adapt to audiobook” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Is imitation of design a violation of copyright?

Written by Editor VCD on 20 November, 2024. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

In today’s creative world, design imitation has become a hot issue, especially in fields such as fashion, design, interior design, and cuisine. This not only raises questions about the ethics of creativity but also concerns legal regulations on copyright. So, is design imitation really copyright infringement? The following article from VCD “Is imitation of design a violation of copyright? will help you.

1. Imitating design ideas

Copyright (or author’s rights) is a form of intellectual property rights that protects human creative works in many different fields. Copyright protects creative works including graphic designs, works of applied art, and other works. When a design is created, the author automatically owns the copyright to that work without having to register the copyright.

Imitation of a design is the act of copying or following an existing design without any originality or variation, including copying the shape, color, layout or other elements of a product or work of art.

2. Does imitation of a design violate copyright?

According to Intellectual Property Law, types of property rights include copyright, rights related to copyright, industrial property rights, and rights to plant varieties. This shows the complexity and diversity in the legal system of intellectual property, where each type of right protects a different aspect of creativity.

The concept of “design idea” is a concept that exists only in the mind, that is, it has not been expressed in a specific material form. This is an essential point, because according to Clause 1, Article 6 of the Intellectual Property Law, only works that have been expressed in material form quality for copyright protection Consequently, while creative, are not automatically protected if they remain at the level of thought. For example, a designer may have an idea about how to design a coffee shop, but unless that idea is drawn or otherwise expressed, copyright cannot be established.

Protecting a store layout design is an important and not uncommon process. To copyright a design idea, the designer needs to translate his or her idea into a physical form. Specifically, they can write a detailed description of the layout, colors, materials used, and other elements related to the design. In addition, using drawings, whether on paper or through design software, will help create a concrete image of the idea, thereby making it easier to understand and access.

Once the idea is clearly expressed, the designer can request copyright protection for their work. This legal safeguard ensure that any attempts to copy or imitate the design must have permission from the copyright owner. This protection not only helps prevent copying by competitors, but also enhances the reputation of the brand. Customers will feel more secure knowing that the design and style of the store are legally protected, which creates a significant competitive advantage in today’s market.

Recently, information about the most famous and successful coffee franchise chain in Vietnam – Cong Ca Phe, having its design and layout “copied” by C. 1989 Coffee Shop has attracted public attention. This action not only causes confusion for customers but also raises many questions about the protection of intellectual property rights in the coffee industry.

As analyzed above, in this case, C. 1989 Coffee Shop has used commercial indications such as color, design, layout, menu, and service method, leading to confusion for customers about the origin and business entity. These actions can be considered unfair competition, negatively affecting the reputation and interests of Cong Ca Phe.

However, it should be noted that C. 1989 does not infringe upon the copyright of the “design idea” and layout of Cong Ca Phe, because copyright only protects works that have been specifically expressed. Therefore, C. 1989’s actions can mainly be considered from the perspective of unfair competition (as stipulated in Clause 3, Article 6 of the current Law on Intellectual Property).

To further strengthen its legal foundation, Cong Ca Phe should register the copyright for the design drawings or design descriptions of the coffee shop. This proative measure would establish a clear legal record, protecting the rights of Cong Ca Phe in case of disputes or when it is necessary to prove design ownership to third parties. Such action not only protecting intellectual property but also enhancing the competitiveness and reputation of the brand in the market.

Above is the article “Is imitation of design a violation of copyright?” sent to you by VCD. We hope you find this article useful.

Sincerely,

Are anonymous works considered public?

Written by Editor VCD on 13 November, 2024. Posted in Announcement, Copyright Registration.

In the field of copyright, the concept of anonymous works often causes a lot of controversy, especially regarding the issue of ownership and recognition. Anonymous works are defined as works whose author’s identity is unknown or not published. So, when is an anonymous work considered to be in the public domain? The following article from VCD will help you.

1. Who is considered the owner of an anonymous work?

According to Clause 2, Article 3 of Decree 17/2023, an anonymous work does not have or has not yet had the author’s name (birth name or pen name) on the job when published.

The current Intellectual Property Law stipulates the ownership of anonymous works in Articles 41 and 42, accordingly, the State is the owner of the copyright of anonymous works in cases where the work is not managed by any organization or individual and in addition to the State, the law also stipulates another entity managing anonymous works, which is the organization or individual managing the work. On the other hand, the organization or individual managing or receiving the transfer of rights to anonymous works enjoys the rights of the owner and the State will be the representative managing anonymous works if there is no organization or individual managing or receiving the transfer of rights to the work until the identity of the author or co-author is determined.

2. Are anonymous works considered to be in the public domain?

Although the identity of the author of an anonymous work has not been determined, if the work meets the legal requirements, it is still protected by copyright. Like other types of works, copyright in anonymous works arises from the time the work is formed. The term protection for anonymous works is also applied according to current regulations.

Article 27 of the current Law on Intellectual Property stipulates:

Term of copyright protection

…

2. The personal rights specified in Clause 3, Article 19, and the property rights specified in Article 20 of this Law have the following protection terms:

a) Cinematographic works, photographic works, applied artworks, anonymous works have a term of protection of seventy-five years from the date the work is first published; For cinematographic, photographic, and applied artworks that have not been published within twenty-five years from the date of their formation, the term of protection is one hundred years from the date of their formation; for anonymous works, when information about the author appears, the term of protection is calculated according to the provisions of Point b of this Clause;

Thus, a work belonging to the public is a work whose copyright protection term has expired according to the above provisions, specifically as follows:

The organization or individual that is managing or receiving the transfer of rights to an anonymous work shall enjoy the rights of the owner until the identity of the author or co-author is determined.

If no organization or individual manages or receives the transfer of rights to an anonymous work, the State shall represent the management of copyright and related rights. The State shall also enjoy the rights of the owner until the identity of the author is determined.

Therefore, during the protection period, anonymous works will not belong to the public and will be managed by organizations, individuals, or the State. When the protection period expires, these works will become public property.

In addition, according to the provisions of Clause 2, Article 23 of Decree 17/2023/ND-CP, it is clear that the State manages the management of anonymous works on behalf of the organization or individual who manages or receives the transfer of rights and will enjoy corresponding benefits.

When using anonymous works, organizations or individuals need to submit documents directly or via postal service to the specialized agency for state management of copyright and related rights under the Ministry of Culture, Sports and Tourism after making efforts to find the right owner but cannot find or contact them.

Most anonymous works are under the management authority of the State. Therefore, when organizations and individuals need to use anonymous works, they need to ask for permission from the representative organization of the State that owns the copyright of that work. When an act of infringement is discovered, state agencies, organizations, and individuals have the right to request competent state agencies to handle it according to the provisions of law.

Above is the article “Are anonymous works considered to belong to the public?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Does signing a copied painting violate the author’s moral rights?

Written by Editor VCD on 13 November, 2024. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

In the field of art, signing a copied painting has become a controversial topic related to the author’s moral rights. Moral rights not only include the right to be recognized as the author of the work but also relate to the protection of the honor and reputation of the creator. When an individual signs a painting that is not their creation, does this act violate the moral rights of the original author? The following article from VCD will help you.

1. What are the legal regulations for signing a painting?

A painting is one of the types of works created from lines, colors, shapes, and layouts. Therefore, a painting is classified as a work of visual arts or applied arts and is protected by copyright according to the provisions of Point g, Clause 1, Article 14 of the current Law on Intellectual Property. Therefore, the author, the copyright owner has personal rights (Article 19) and property rights (Article 20) as prescribed by this Law.

Clause 2, Article 19, stipulates the following: The real name or pen name is on the work; the real name or pen name is stated when the work is published or used. Accordingly, it can be understood that signing a work is the act of marking the author’s ownership of the work he/she created, not allowing others to edit, cut, or distort the work in any form that harms the honor and reputation of the author.

2. Does signing a copied painting infringe upon the author’s rights?

According to Clause 2, Article 19, the intellectual property law only stipulates that “the author’s name must be shown on the work”. This shows that the law does not mention the possibility of confusion about the author’s status, nor does it provide for the right to prohibit third parties from recording or signing the work.

Regarding the subject of protection, the law only specifies the real name and pen name of the author but does not mention the signature. Although the signature may be an important sign to verify the author’s status, the failure to mention it may lead to the understanding that the author has no right to intervene when the original and copies of the work do not show his signature. At the same time, this also implies that the author has no right to prohibit third parties from signing his work. Therefore, the lack of provisions regarding signatures and the right to prohibit third parties may create loopholes in the protection of the author’s rights, especially in cases related to signatures and the integrity of the work.

According to the provisions of the Intellectual Property Law, the author has the right to sign his work, but if the author does not sign and then sells the original work, he no longer has the right to require his signature to be displayed on the original sold. Furthermore, when a third party creates a legal copy of the work, the author also has no right to require his signature to be displayed on those copies.

According to Article 6bis of the Berne Convention, the author has the right to request recognition of the authorship of the work. Having his/her name on the work and stating his/her name when the work is used is a form of expression or recognition of the authorship, typically by signing or stamping the work. Furthermore, from the proactive perspective, the Berne Convention stipulates that the author has the right to place any information or sign on the work that allows him/her to be identified as the author, while from the passive perspective, the author has the right to request the removal or correction of misleading information about his/her authorship.

Clause 4, Article 19 of the current Intellectual Property Law, stipulates: Protecting the integrity of the work to prevent others from distorting it; not allowing others to modify or cut the work in any way that harms the honor and reputation of the author and according to the provisions of Clause 1, Article 7 stipulates: The intellectual property right holder may only exercise his/her rights within the scope and period of protection as prescribed by this Law, so it can be seen that “the element causing harm” is a mandatory condition to determine the act of infringing the right to protect the integrity of the work. In addition to infringing on the integrity of the work, the act of signing on the painting or removing the author’s signature must have consequences that can harm the honor and reputation of the author.

In short, the act of signing on the painting or removing the author’s signature can hardly be considered an infringement of the right to protect the integrity of the work as prescribed by the Law on Intellectual Property.

Impersonating an author is less common than copying a painting and creating a fake signature to deceive customers, making them believe that it is the “original” of a famous artist. In addition, signing a copy of another artist’s work is also a relatively rare situation.

Above is the article “Does signing a copied painting violate the author’s rights?” \that VCD sends to you. We hope this article is useful to you.

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Register copyright for paintings

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

Currently, with the development of talent and artistic ability, along with the passion of many young individual for artistic creation, the number of works and galleries is increasing. However, this increase also means a high risk of plagiarism and copying of works of art. Copyright protection is more important than ever to prevent infringements and ensure the rights of creative artists. Therefore, the following article of VCD will help you better understand copyright registration for paintings.

1. What is copyright for paintings?

According to Clause 2, Article 4 of the Intellectual Property Law, copyright is defined as the exclusive right of organizations and individuals to works they create or own.

Copyright of a painting arises from the moment the painting is created and expressed in a certain material method, regardless of content, quality, form, means, language, whether it is published orregistered.

With its unique characteristics, paintings are classified as works of fine art, applied art and become a type of work protected by copyright according to the provisions of Article 14 of the current Law on Intellectual Property.

Consequently, copyright registration of a painting is understood as the act of a competent state agency recognizing the copyright of the creator of the work and the copyright owner of that painting. By recognizing the author and copyright owner on the Copyright Registration Certificate, the author and owner will have proof of ownership, making it easier to handle infringements.

Copyright registration of a painting is a essential action to protect the rights of the creator. This helps prevent unauthorized use of the work, such as copying, displaying or distributing the painting without the owner’s consent.

When a painting is copyrighted, it signifies that the author has legal ownership of the work. If others want to use or copy the work, they must have the owner’s consent. In case of a dispute, the author or owner can prove their ownership through the Copyright Registration Certificate.

2. Legal provisions on copyright for paintings

To be protected, works of art must satisfy the following conditions:

First, works of art are works of artistic nature, expressing the individuality of the creator of the work.

Second, Clause 7, Article 6 of Decree 17/2023/ND-CP stipulates a number of types as follows:

Painting works: Lacquer paintings, oil paintings, gouache, watercolors, red paper and other materials.

Graphic works: Woodcuts, metal engravings, rubber engravings, plaster engravings, monoprints, lithographs, screen printing, propaganda paintings, graphic designs and other materials.

Sculptures; statues, monuments, reliefs, pedestals, symbolic blocks.

Installation works and other forms of contemporary artistic expression.

Paintings, sculptures, installations and other forms of contemporary art exist as unique copies. Graphic works can be expressed up to the 50th edition numbered with the author’s signature.

Third, regarding the way the work is expressed, the works will be expressed in two-dimensional space (such as paintings, drawings, etchings, lithographs…) or two-dimensional space (such as sculptures, architectural works) regardless of content (realism or abstract…) and purpose (purely, artistic, advertising…).

Application for copyright registration for paintings:

Application for copyright registration for paintings according to Form No. 05 Appendix 1 issued with Decree 08/2023/TT-BVHTTDL.

02 copies of the work registered for copyright for the painting and 02 copies printed on A4 paper of the work signed or sealed by the author or owner.

Author’s ID card/Citizen ID card.

Authorization letter for VCD to carry out copyright registration procedures.

Documents proving the right to submit.

Consent letter of co-authors in case the work has co-authors.

Consent letter of co-owners in case the copyright of the painting is jointly owned.

Note: Documents in the application for copyright registration for the painting must be in Vietnamese. In case of foreign documents, they must be translated into Vietnamese and notarized and certified.

In case of loss and damage to the Certificate of copyright registration, the competent state agency will reissue this Certificate. If the re-issuance is rejected, the state copyright management agency must notify the applicant in writing, stating the reasons for the rejection.

Above is the article “Register copyright for paintings” that VCD sent to you. We hope this article is useful to you.

Sincerely,

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,