Author: Editor VCD

Where to register musical works copyright?

Written by Editor VCD on 18 January, 2024. Posted in Copyright Registration, Musical work.

A song or a musical work is protected from the moment it is composed and shaped into a certain material form. Each author or owner of that work is protected by Intellectual Property law and recognizes the protection of copyright and related rights. However, musical works are a type of work that can easily be copied and used illegally, so the author or owner must register for copyright protection for their “brainchild”. Therefore, where to register copyright, please follow VCD’s article below.

1. What is song copyright registration?

Music is one of the useful means of entertainment, helping people relieve stress, develop emotions, and connect better. When music is shaped into a certain material form such as images, tapes, discs, recordings, prints of music, and lyrics of musical works… it is often easy to copy and use without permission or even copyright infringement.

According to Clause 2, Article 4 of the current Intellectual Property Law: “Copyright is the right of organizations and individuals to works they create or own.”

Clause 4, Article 6 of Decree 17/2023/ND-CP details several articles and measures to implement the Intellectual Property Law on copyright and related rights: “Musical works specified in point d, clause 1 Article 14 of the Intellectual Property Law means that a work is expressed in the form of notes in music or other musical characters regardless of whether it is performed or not.

Therefore, copyright in a musical work is the author’s right to the work expressed in the form of musical notes in music or other musical characters or shaped on audio or video recordings or without words, regardless of performance or non-performance from the moment the author creates the work. When an author or owner registers a copyright for his or her musical work, music copyright registration is an activity performed by a competent state agency to protect copyright for individuals and organizations whose musical works satisfy the conditions for protection under the provisions of intellectual property law.

2. Why should songs be copyrighted?

According to some current statistics, the number of copyright or copyright infringement cases is on the rise. This situation is quite common nowadays, especially when the music field takes place in many different forms. From regular music videos, applications, and websites to mini-concerts or large live shows. The main violations are usually using the work without permission of the copyright owner, arbitrarily repairing or cropping the work to the detriment of the author, and using the work without agreement or paying remuneration, royalties, and material benefits to owners according to regulations, etc.

According to Clause 1, Article 6 of the current Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of content, quality, or form. , medium, language, published or unpublished, registered or unregistered. Therefore, copyright to songs is automatically protected from the moment the work is born in a certain material form.

Although copyright registration is not mandatory, the benefits it brings cannot be denied:

Firstly, copyright registration for musical works will be protected by the competent State agency and the Copyright Registration Certificate will be the first legal basis for the State agency to protect copyright has the authority to resolve disputes arising over songs and musical works.

Secondly, authors and copyright owners have the right to request individuals and organizations to stop acts of infringing copyright on their works or request competent state agencies to handle copyright infringement and violations according to the provisions of the law.

Thirdly, the Copyright Registration Certificate is a basis for other subjects to know whose musical work or song is whose, from there, they can make accurate decisions about receiving copyright transfer. Use or transfer copyright of songs and musical works by the provisions of law.

3. Order and procedures for song copyright registration

Step 1: The author or copyright owner prepares a registration declaration (form No. 01 issued with Circular 08/2023/TT-BVHTTDL) and 01 set of copyright registration documents (including documents according to Article 39 of Decree 17/2023/ND-CP detailing several articles and measures to implement the Law on Intellectual Property and related rights.

Step 2: The author or copyright owner, after completing the drafting of the dossier, can directly or authorize another organization or individual to submit the copyright registration dossier to the Copyright Office. Author or Representative Office of the Copyright Office (dossier can be sent by post).

Step 3: Within 45 working days (including 01 month of review and 15 days of Certificate issuance), from the date of receipt of a valid application, the state management agency in charge of copyright and related rights is responsible for issuing a Copyright Registration Certificate to the applicant. In case of refusal to issue a Copyright Registration Certificate, the state management agency in charge of copyright and related rights must notify the applicant in writing.

Step 4: Proceed to pay the prescribed fee to receive the Copyright Registration Certificate. After notification that the application has been granted a registration certificate, the application owner needs to pay a fee to receive a certificate of copyright registration for the musical work.

4. Where to register music copyright?

To register a copyright for a song, the author or copyright owner can choose the following ways:

First, apply directly at the Copyright Office at the following address:

• Hanoi City: No. 33 Alley 294/2 Kim Ma, Ba Dinh District

• Ho Chi Minh City: 170 Nguyen Dinh Chieu, District 3

• Da Nang: No. 58 Phan Chu Trinh, Hai Chau District

Second, submit the application by post (express delivery service) to the address of the agency receiving copyright registration applications for musical works.

Third, register a copyright for musical works through the online public service portal of the Ministry of Culture, Sports and Tourism with the following link: https://dichvucong.bvhttdl.gov.vn/

Note: After declaring information online, you still need to submit the original documents to the Copyright Office.

Above is the article: “ Where to register musical works copyright?”. Hope this article will help you.

What kind of work is the logo that is copyright protected?

Written by Editor VCD on 18 January, 2024. Posted in Copyright Registration, Fine art work and applied art work.

Logos are considered a means of remembrance or imprint of each business in the minds of consumers. If you want to protect your brand, business owners often register to protect their logo. Therefore, to be protected by copyright, what type of work must a logo be registered as?

1. Definition of Logo

A logo (short for Logotype) or brand symbol, is a graphic design, symbol, or symbol (icon) for a specific brand or brand. It is a visual design product composed of images or text, sometimes including both text and images. In general, a logo is considered an identifying mark of each business.

A logo is not simply a symbol of a business but also contains hidden messages that they want to share with users. Each logo blends different identities that serve as a foundation for development and leave an impression on people. Logos play an important role in brand recognition, it is often used to impress consumers through sight, helping to distinguish a business from hundreds of thousands of other businesses.

2. What kind of work is the logo that is copyright protected?

From the characteristics of the logo, it can be seen that the logo is completely consistent with the definition in Clause 8, Article 6 of Decree 17/2023/ND-CP: “The work is expressed by lines, colors, shapes, and composition department with useful features, which can be attached to a useful object, produced manually or industrially including Graphic design (a form of expression of logos, identifiers, and product packaging; a form of expression of the character); Fashion Designer; Artistic design associated with product styling; Interior design, interior and exterior decoration with artistic features. Works of applied art are expressed in the form of artistic product designs that cannot be easily created by people with average knowledge in the respective field and do not include external designs. of the product is required to perform the product’s function.”

Works of applied art are one of the types of works protected by copyright according to Point g, Clause 1, Article 14 of the Intellectual Property Law:

“1. Protected literary, artistic, and scientific works include:

g) Visual works and applied arts;”

For a Logo to be protected as a work of applied art, the following two conditions must be met:

The work must be created by the author using his or her intellectual labor and not copied from the works of others;

The work is expressed in a certain form.

The term of protection for works of applied art is 75 years, from the time the work is first published; For works of applied art that have not been published within 25 years from the time the work was fixed, the term of protection is 100 years from the time the work was fixed.

Above is the article “What kind of work is the logo that is copyright protected?“. We hope this article is useful to you.

Is the idea protected by copyright?

Written by Editor VCD on 17 January, 2024. Posted in Copyright Registration.

Creative works are formed based on creative ideas. The protection of creative works is very necessary in today’s society. However, the question is whether ideas are protected by copyright or not. Please read VCD’s article below for more information.

1. What is an idea?

An idea is an abstract concept, often understood as thinking or creating a new concept or new method to solve a problem. Ideas often originate from human intelligence, experience, and knowledge and can be applied in many different fields, including science, technology, art, business, education, society, and politics.

In general, ideas are contents that express opinions and thoughts that take place in a person’s brain before they take an action. In the context of copyright, ideas can be the initial desires that drive the author’s creativity and motivation to complete his work.

2. Are ideas protected by copyright?

Creative works to be protected by copyright must meet the following criteria:

The work must be original. Originality means that the work must be formed from the author’s creative labor, not copied in whole or in part from another work.

The work must be shaped in a certain physical form. That means creative works must be completely designed and formed from content to form to qualify for protection. If the work is only in the form of thoughts and ideas and has not been put into practice, it is not protected.

Conditions on the subject of copyright: Being a Vietnamese or foreign organization or individual whose work is published for the first time in Vietnam but has not been published in any other country; is a Vietnamese or foreign organization or individual whose work is published simultaneously in Vietnam within 30 days from the date that work is first published in another country; are foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which Vietnam is a member.

However, if a work is to be perfect, it must come from the author’s ideas. But if the author just lets his “work” stop at the idea stage, there will not be enough basis to help the state agency determine whether he owns that “work” or not. If you want to be protected, creative works must be formed in a definite physical form, because ideas can be similar but if they are created in different ways, each work has the same meaning and distinct mark.

This content is affirmed in Clause 1, Article 6 of the Intellectual Property Law on the basis for arising and establishing copyright as follows: “Copyright rights arise from the moment the work is created and expressed in a form certain material, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered. Therefore, a work is only protected by copyright for the expression of ideas in a certain creative form and will not be protected by copyright for the idea itself.

Above is the article “Is the idea protected by copyright?”. We hope this article is useful to you.

Cost of song copyright registration

Written by Editor VCD on 15 January, 2024. Posted in Copyright Registration.

For each musician or owner, being recognized by law as the owner of a copyright is very important because musical works or songs are the brainchild that authors passionately compose. However, with technology and the development of today’s music market, copying has become easier, more sophisticated, and unpredictable. To protect their work, the author or owner needs to register the music copyright for the song they own and create with the competent authorities. One of the things that authors, or copyright owners are interested in is the cost of copyright registration of musical works, which will be presented in the article below from VCD.

1. What is copyright for musical works?

Under Clause 2, Article 4 of the current Intellectual Property Law: “Copyright is the right of organizations and individuals to works they create or own.” In addition, Clause 4, Article 6 of Decree 17/2023/ND-CP stipulates in detail several articles and measures to implement the Intellectual Property Law on copyright and related rights, “Music works stipulate At Point d, Clause 1, Article 14 of the Intellectual Property Law, a work is expressed in the form of notes in music or other musical characters regardless of whether it is performed or not”.

Therefore, it can be understood that copyright in musical works is the author’s right to the work expressed in the form of notes in music or other musical characters or shaped on sound recordings recorded with or without lyrics, regardless of performance or non-performance from the time the author created the work. Music copyright registration is an activity carried out by a competent state agency to protect the copyright of individuals and organizations whose musical works satisfy the conditions for protection according to regulations provisions of intellectual property law.

Currently, most cases of copyright infringement are related to musical works, especially when occurring in cyberspace. The characteristics of musical works are that they are easy to copy, duplicate, and transmit on the Internet environment, so with the development of the 4.0 and upcoming 5.0 Technology Revolution, the situation of copyright infringement on musical works is increasing. Music in general and movies, images… in particular are increasingly increasing in cyberspace, taking place popularly not only in Vietnam but also globally.

2. Protection conditions and grounds for arising copyright for musical works

A musical work is protected when it meets the conditions stated in the Intellectual Property Law, that is, the musical work must have creativity (originality) and the form of expression of the work ( formability).

Originality is shown in the fact that the results of the work must be independently created by the author, the author directly creates with his or her intellectual labor and does not copy from the work of others. Containing a certain amount of creativity does not require the work to be unique, or novel, has high aesthetic value, and only requires minimal creativity to express something unique to the author.

The formability expressed in certain materials is the representation in writing, other characters, lines, shapes, layouts, colors, sounds, and images or the reproduction of sounds and images in the form of objects. a certain quality from which it can be recognized, copied, and communicated.

According to Clause 1, Article 6 of the current Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered. Therefore, copyright to songs is automatically protected from the moment the work is born in a certain material form. However, registering for copyright protection still has many advantages when copyright disputes arise.

3. Procedures for registering copyright for musical works

Step 1: The author or copyright owner prepares a registration declaration (form No. 01 issued with Circular 08/2023/TT-BVHTTDL) and 01 set of copyright registration documents (including documents according to Article 39 of Decree 17/2023/ND-CP detailing several articles and measures to implement the Law on Intellectual Property and related rights.

4. Cost of copyright registration for musical works

Circular No. 211/2016/TT-BTC stipulates the rates, collection, payment, management, and use of fees for granting copyright registration certificates, related rights registration certificates, and expenses. Song copyright registration fees and registration fees for other subjects of copyright.

Specifically, for copyright registration of musical works, the fee for issuing a Copyright Certificate is 100,000 VND for a set of documents.

Copyright registration also gives composers and other copyright owners the ability to make legal claims against unauthorized copies of a song, and ensures that they will not lose their rights to use the song. use and distribute your song to others without compensation.

In addition, copyright registration also helps authors protect their reputation and works, increasing their ability to attract music producers and consumers, thereby achieving success and better revenue from their songs sing my own.

Above is the article: “Cost of song copyright registration”. Hope this article will help you.

Who owns the copyright of anonymous works?

Written by Editor VCD on 15 January, 2024. Posted in Copyright Registration.

Copyright for anonymous works is a special case in the field of copyright, protecting works whose author cannot be identified upon publication. The protection afforded to these works has been addressed in the copyright jurisprudence throughout its various stages. One of the first questions arises is Who owns the copyright of anonymous works

1. What is an anonymous work?

The recognition of copyright for anonymous works begins with the introduction of a concept, based on which the copyright holder and the characteristics of the protection of this type of work are determined. In general, Vietnamese law has considered anonymous works to be an indispensable part of the general regulations on copyright. The following periods all repeat the regulations of the previous period and record some small changes, creating a difference but not much.

Currently, based on the provisions of Clause 2, Article 3 of Decree 17/2023/ND-CP detailing several articles and measures to enforce intellectual property law on copyright and related rights, it is noted:

“An anonymous work is a work that does not or does not have the author’s name (birth name or pen name) on the work when published.”

This can be considered the official concept of current law on anonymous works.

2. Who will own the anonymous work?

According to the provisions of Article 42 of the Intellectual Property Law, the copyright owner is the State for works:

Anonymous works, unless an individual or organization is already managing that work;

The work is still under protection but the copyright owner does not exist (the copyright owner dies without an heir, the heir refuses to receive the inheritance or is not entitled to the inheritance);

The work is transferred ownership by the State from the copyright owner.

Therefore, the State will become the copyright owner of an anonymous work if no individual or organization is managing that work.

However, when the protection period for anonymous works ends according to the provisions of Article 27 of the Intellectual Property Law, the copyright for the above anonymous works will belong to the public according to Article 43 of the Intellectual Property Law intellectual property.

“1. Works that have ended their term of protection as prescribed in Article 27 of this Law belong to the public.”

Meanwhile, the copyright owner of an anonymous work is the State until the anonymous work expires. After the term of protection expires, the copyright of the anonymous work will belong to the public according to the provisions of the law.

Above is the article “Who owns the copyright of anonymous works?”. We hope this article is useful to you.

Are YouTube videos protected by copyright?

Written by Editor VCD on 12 January, 2024. Posted in Copyright Registration, Press work.

YouTube is one of the most prominent social platforms today with a huge number of users. On average, more than 500 hours of content are uploaded to the video-sharing platform every minute. This equates to 30,000 hours of content uploaded/hour, and 720,000 hours of content/day. With such a huge amount of uploaded videos, the issue of copyright protection from being infringed is of great concern to authors and owners when using this platform, so can YouTube videos register for protection? Are YouTube videos protected by copyright?

1. What is a YouTube video?

YouTube videos are videos posted on YouTube – a platform specializing in online video sharing. This is the most popular and popular form of content creation today because of the outstanding and convenient features that YouTube brings.

Videos with a variety of topics from movies, music, sharing information, knowledge, etc. are regularly censored by YouTube headquarters located in different countries. Currently, YouTube has developed and is present in almost every country with more than 50 different languages, including Vietnamese.

The author and production crew carefully and seriously invest in every video posted on YouTube. The video is the crystallization of a creative process and is the brainchild of the author. Therefore, authors and owners are very concerned about copyright issues for the videos they post.

2. Can YouTube videos be copyrighted?

Depending on the content of the video, you will be able to register for appropriate copyright and related rights protection. Video copyright owners can use a system called Content ID to easily register YouTube copyrights, identify and manage their content on YouTube, or protect it by registering copyrights, copyrights, and copyrights they are related to the work.

2.1. Register copyright for videos on Youtube

Firstly, if the person signing the application is the author (the person who created the script, sound, graphics, etc. of the video), he or she can register a copyright for the video on YouTube as copyright. the copyright owner is also the author of the cinematographic work;

According to Clause 1, Article 21 of the Intellectual Property Law, it is stipulated that “People who work as directors, screenwriters, cinematographers, film editors, music composers, art designers, sound designers, lighting designers, studio artists, and studio designers.” Designing props, effects and other creative work for cinematographic works shall enjoy the rights specified in Clauses 1, 2, and 4, Article 19 of this Law, and other rights as agreed upon.

Secondly, a subscriber can register a copyright for a YouTube video as the copyright owner who is not also the author of the cinematographic work in the following cases:

The registrant assigns or signs a contract with the author;

The registrant is the heir to the copyright;

The registrant is the person to whom copyright is transferred.

2.2. Register relevant rights for videos on Youtube

Related rights as prescribed in Clause 3, Article 4 of the Intellectual Property Law are defined as the rights of organizations and individuals to performances, audio recordings, video recordings, and broadcast programs…

Regulations in Clause 2, Article 44 of the Intellectual Property Law stipulate that “Organizations and individuals that use their time, financial investments and physical and technical facilities to produce audio and video recordings are the owners of the property.” with that audio or video recording unless otherwise agreed with the relevant party.”

Therefore, if the registrant invests his or her time, finances, and physical and technical facilities to produce audio and video recordings on YouTube, he or she will have the right to register copyright as the owner of related rights to that audio or video recording.

Above is the article “Are YouTube videos protected by copyright?”. We hope this article is useful to you.

Register song copyright online

Written by Editor VCD on 10 January, 2024. Posted in Copyright Registration, Musical work.

Musical works are one of the objects of copyright protection. Registering copyright protection for musical works is one of the necessary actions to avoid infringements on authors and works. Online copyright registration is one of the administrative procedures the Government advocated for conversion many years ago. However, in the past few years, as the service industry and online commerce… have increasingly developed, online copyright registration has been implemented through the online portal of the Ministry of Culture, Sports, and Tourism. Therefore, how to register a copyright online for a musical work? Please follow “Register song copyright online” VCD’s article below.

1. Why should you register the copyright for musical works?

It can be said that in the past few years, Vietnamese music products have encountered many suspicions of plagiarism, using other subjects’ works without permission, and it can be said that musical works are one of the subjects of copyright infringement. Therefore, registering copyright for musical works is a way to protect the intellectual property rights of those who compose, produce, or own music copyright. Once copyrighted, the owner will have control over their music’s copying, distribution, use, or sale. Detail:

Registering copyright protection is a way to protect the intellectual property rights of the person who composes, produces, or owns the music copyright, avoiding unauthorized copying, distribution, or use.

Copyright registration will help the owner have legal evidence to prevent copying and copyright infringement. If anyone violates copyright, the owner can take legal action to protect his or her intellectual property rights.

By registering a copyright, the owner will have control over the release and use of their music, thereby earning royalties from copies, commercial use, and also broadcasting rights.

Copyright registration also helps increase the brand value of musicians, singers, bands, or music companies. This can attract more audiences and businesses, increase revenue, and improve their market position.

2. What is online copyright registration?

Registering a copyright online is an activity to mark your ownership of a work. Registering copyright protection will mean declaring legal ownership of the work. According to the provisions of the current Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of content, quality, form, media, language, published or unpublished, registered or unregistered copyright online or in person.

Clause 1, Article 3 of the Intellectual Property Law (amended and supplemented) stipulates: “Copyright subjects include literary, artistic, and scientific works; objects of rights related to copyright include performances, sound recordings, video recordings, broadcast programs, and satellite signals carrying encrypted programs”. Online copyrighted works are often presented in the form of songs, poems, stories, computer programs, works of art: logos, paintings, photos; videos; movies…

3. The procedures for registering copyright for online musical works

3.1. Prepared documents

Registering copyright for online musical works is a step in the copyright registration procedure. Therefore, documents submitted online must be fully prepared and match the paper documents when sent to the Copyright Office. A set of documents will include a declaration, a photocopy of the ID card (or passport, Citizen identification card, Business registration, and establishment decision) of the author or rights owner, a decision on a job assignment, or confirmation of job assignment if the author is assigned to do the work, power of attorney if authorizing another person to make the application… Registration documents must be prepared in Vietnamese. In case it is in a foreign language, it must be translated into Vietnamese and notarized or authenticated.

Note: musical works can be created by one author or many authors. In many cases, the author is just the person hired to create the work (not at the same time the copyright owner). Therefore, for each copyright registration application, it is necessary to prepare all documents and fill in all information, otherwise the Copyright Office may reject the application.

3.2. The procedures for registering copyright for online musical works

Copyright registration for online musical works is currently implemented on the online public service portal of the Ministry of Culture, Sports, and Tourism. The agency that receives and processes dossiers and issues copyright registration certificates is the Copyright Office. This procedure is an online public service at level 3.

Step 1: Access the link https://dichvucong.bvhttdl.gov.vn/. Select the agency as “Copyright Department”, and the screen will display many administrative procedures related to copyright. If you apply for copyright registration, select “Issuance of copyright registration certificate” and select “Apply”. In case you already have an account on this Portal, enter the account and proceed to declare profile information; If you don’t have an account, click register to create a new account.

Step 2: The system will move to the initial home page interface, select “Copyright Department” select the procedure “Granting copyright registration certificate”, select “Submit application” and enter the registration account access into the system. Need to fill in registration information such as:

Choose the name of the profile holder: individual or company;

Fill in paperwork showing information such as ID card/Passport/CD (for individuals) or Business Registration Certificate (if a company);

Contact information such as Address, phone number, email.

Step 3: Select the “enter registration content” button and fill in registration information including:

Name of musical work

The writer’s name

Step 4: Select “Attach registration documents”. Depending on the type of application, the corresponding attached documents as above are required. If you want to attach other documents, select the “add documents” button.

Step 5: After attaching the documents, press “Choose application form and return results”. If you want to receive results at the Copyright Office, select “Return to the receiving department and return results”. If you want to receive it by mail, select “Receive by post” and fill in the specific address.

Step 6: Select “Apply” and complete the registration.

Note: After declaring information online, you still need to submit the original documents to the Copyright Office.

Above is the article: “Register song copyright online”. Hope this article will help you.

Time of arising of copyright for computer programs

Written by Editor VCD on 10 January, 2024. Posted in Computer program and data compilation, Copyright Registration.

Computer programs are one of the types of works protected by copyright, so when does copyright arise for computer programs? Please read VCD’s article “Time of arising of copyright for computer programs” below for more information.

1. Copyright for computer programs

Regarding the definition of computer programs, Clause 1, Article 22 of the Intellectual Property Law stipulates:

“A computer program is a set of instructions expressed in the form of commands, codes, diagrams or other forms that, when attached to a means or device operated by a computer programming language, are capable of doing for a computer or device to do a job or achieve a specific result. Computer programs are protected as literary works, whether expressed in source code or machine code.”

Computer programs are a type of work protected by copyright, recorded at Point g, Clause 1, Article 14 of the Intellectual Property Law. In Vietnam, computer programs are protected as literary works but not as industrial property rights. Specifically, Clause 2, Article 59 of the Intellectual Property Law recognizes that computer programs are one of the objects that are not protected as inventions.

The author is also the copyright owner and enjoys moral rights and property rights prescribed by the Intellectual Property Law

The author is not the copyright owner and enjoys moral rights (except the right to publish the work); Copyright owners enjoy property rights and the right to publish or allow others to publish their works specified in the Intellectual Property Law.

Organizations and individuals have the right to legally use a copy of a computer program with errors corrected on that copy of the computer program in case necessary for use.

The right to lease a computer program is the right of the copyright owner to exclusively perform or allow others to lease for exploitation and use for a limited period.

The right to lease a computer program does not apply in cases where the computer program is not the main object of rental, such as a computer program associated with the normal operation of vehicles or other vehicles. machinery and other technical equipment.

2. Time when copyright arises for computer programs

According to Article 6 of the Intellectual Property Law, the basis for arising and establishing intellectual property rights is prescribed as follows:

“1. Copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished. father, registered or not registered.”

Accordingly, the time for a basis to arise and establish copyright protection for a computer program is from the moment that program is shaped into a certain physical form, regardless of content or quality. , form, means, language, and there is no need to carry out any procedures for publication or registration for protection.

However, to best protect their rights and prevent disputes, authors and copyright owners should register the copyright immediately after completing the work. Because, in reality, proving copyright without registration for protection is very difficult, consuming a lot of time, cost, and effort, while if a dispute arises, the organization or individual has If you are granted a Copyright Registration Certificate, you are not obliged to prove that your copyright belongs to you. The copyright registration certificate is the most important and basic document to prove copyright in a work, therefore authors and copyright owners should carry out registration procedures as soon as possible.

Above is the content of the article “Time of arising of copyright for computer programs“. We hope this article is useful to you.

How to register song copyright on Youtube

Written by Editor VCD on 8 January, 2024. Posted in Musical work.

Currently, one of the most influential social networking platforms is YouTube. It can be said that YouTube is a popular application, helping users access information remotely, helping people connect more quickly and conveniently. This is not only a regular video platform but also a “money-making” playground for singers, artists, and music producers. Therefore, How to register song copyright on Youtube? Please follow VCD’s article below for more details.

What is YouTube and what is YouTube copyright registration?

Since its launch, YouTube has been built as a social networking site that allows users to share and post videos on the platform; viewers can use this platform on many different smart devices such as phones, tablets, and computers… and can interact with those videos by liking or sharing their favorite videos on websites. other social networks.

With the development of time, YouTube is now constantly updated with new features and receives many positive responses from users. For example, Double tap is a feature that allows you to tap twice when streaming from your phone to TV or Live Stream. However, compared to YouTube’s new features, it seems that the feature that made YouTube famous, uploading videos and sharing videos with the community, is still the most popular. Especially the release of musical works by users, specifically singers, and artists…

Registering song copyright on YouTube is essentially registering copyright for videos, audio and video recordings, performances, and broadcasts when these works are posted on YouTube and continue to reach YouTube users. According to the provisions of Clause 1, Article 6 of the current Intellectual Property Law, “copyright arises from the moment a work is created and expressed in a certain physical form, regardless of content or quality, quantity, form, medium, language, published or unpublished, registered or unregistered.” Therefore, copyright registration is not mandatory. However, the benefits it brings make owners unable to do it. This is how video owners establish an official basis for their work.

Currently, there are two ways to protect copyright for musical works (here, songs): copyright registration is done at a competent State agency according to the provisions of Decree 17/ 2023/ND – CP detailing several articles and measures to implement the Intellectual Property Law on copyright, related rights, and registration according to YouTube policies (Content ID registration).

Introduction to Content ID

Content ID is a system that helps video copyright owners easily register YouTube copyrights as well as identify and manage their content on this platform. Currently, YouTube only grants Content IDs to copyright owners who meet the video content criteria. YouTube also has a specific explanation about this as follows: “If the copyright owner is allowed to use Content ID, they will have to sign an agreement. This agreement will state that only content they have exclusive rights can be used for comparison. Additionally, they need to provide information about where they have exclusive ownership rights if they do not have them globally.”

In addition to content ID, YouTube also provides several other tools for owners to manage video copyright such as:

Web form for copyright complaints.

Content Verification Program (CVP).

Besides, YouTube also sets clear principles on how to use Content ID. For content owners who repeatedly disclaim ownership, YouTube may stop allowing access to Content ID and terminate the partnership. Therefore, you need to consider and research carefully before submitting the registration form to use the Content ID from YouTube.

Procedure for registering song copyright on YouTube

For Content ID registration, YouTube users will access YouTube Studio with their account.

To register using YouTube’s Content ID format, when filling out all the information in the form, just click “Submit” to request approval. Note: To be approved and approved to register video content through YouTube’s Content ID system, the YouTube channel containing the video to be registered must have at least 10 videos and have a certain number of subscribers. Regarding review time, review procedures will be conducted according to YouTube’s policies

If approved by Youtube, immediately next to the channel name there will be a checkmark with a description line (Verified). At that time, other videos posted that use unauthorized images or sounds will be immediately removed by YouTube.

Above is the article “How to register song copyright on Youtube”. Hope this article will help you.

In what ways are computer programs protected by intellectual property?

Written by Editor VCD on 4 January, 2024. Posted in Computer program and data compilation, Copyright Registration.

The development of the current information technology and information technology services market compared to previous years is a remarkable progress. This must be mentioned since after COVID-19, the need for online shopping or remote labor, entertainment, and commerce services has become more popular. Computer programs are intellectual property. Therefore, in what form can computer programs be protected? Please follow VCD’s article below.

1. What is a computer program?

A computer program is a set of instructions for performing tasks by a computer. A computer requires programs to operate and typically executes program instructions in the central processing unit. When users run programs, the files are read by the computer and the processor reads the data in the files as a list of instructions. Then the computer does what the program tells it to do. A computer program is written in a programming language, such as BASIC, C, or Java. Once a computer program is written, programmers use a compiler to turn that computer program into a language the computer can understand.

The Trips Agreement – Agreement on Trade-Related Aspects of Intellectual Property Rights clearly states in Clause 1, Article 10 the form of protection for computer programs as follows: “Computer programs, whether in the form of source code or machine code, must be protected as literary works under the Berne Convention (1971)”.

Based on the above spirit, Clause 1, Article 22 of the Intellectual Property Law regulates computer programs as follows: “A computer program is a set of instructions expressed in the form of commands, codes, diagrams or other forms. , when attached to a vehicle or device operated by a computer programming language, can cause the computer or device to perform work or achieve a specific result. Computer programs are protected as literary works, whether expressed in source code or machine code.”

2. Forms of copyright protection for computer programs

2.1. Copyright protection for computer programs

According to Article 14 of the Intellectual Property Law, computer programs are protected by copyright. Copyright protection for computer programs protects the form of expression (interface, context) and code, not the idea of the computer program. Protecting computer programs is similar to protecting literary works will have a solid legal basis to handle copying by other units.

In addition, because copyright laws do not protect computer program ideas, authors and copyright owners cannot prevent users of computer programs or other organizations and individuals from using them. Conduct reverse analysis of computer programs to decode and find the operating principles and structure of computer programs for development purposes. The person who successfully conducts reverse analysis will be the owner of the new computer program. This contributes to promoting the development of the software industry, which has great socio-economic significance.

According to the provisions of Article 27 of the Intellectual Property Law, the author’s moral rights are protected indefinitely and the copyright owner’s property rights to computer programs are protected throughout the author’s life The next 50 years were the year the author died.

2.2. Patent protection for computer programs

According to the United States Copyright Code, copyright protection is provided for computer programs, but a computer program can be granted a patent if the software is associated with a structure. physical architecture.

According to Clause 2, Article 59 of the Intellectual Property Law and reference to the specific patent appraisal regulations in Article 5.8.2.5, it states that: “Although computer programs are on the list of objects that are not protected as inventions if the object sought to be protected has technical characteristics and is a technical solution, intended to solve a technical problem by a technical means to create a technical effect, it can be protected as an invention” (Point a Clause 2, Article 102 of the Law on Intellectual Property). Therefore, it can be understood that if a computer program is truly a technical solution, linked to a technical device and described in the form of a process, it can be protected as a patent.

Currently, besides countries that do not protect computer programs as patents (Vietnam, UK, France, EU), several countries do not deny patent protection related to computer programs counted in their laws such as the US, Canada, and Australia. Although the Patent Appraisal Regulations state that there are exceptions where computer programs can be protected as inventions, computer programs are excluded from granting patent protection according to regulations of the Intellectual Property Law. Therefore, copyright is the only and most appropriate form of protection. In India, copyright protection for computer programs is also provided, but the Indian Patent Act also stipulates that a computer program can be patented when it is associated with a physical structure. physical. Similarly in China, the Copyright Law regulates the protection of computer software. Although international law and the laws of some other countries provide for copyright protection for computer programs, the possibility of granting patents for this type still is not ruled out.

3. Comment on two forms of computer program protection

Firstly, copyright protection for computer programs is automatic from the moment the computer program is created without having to register or go through any procedures. On the contrary, registering a computer program patent requires submitting an application, going through the application examination stage (in terms of form and content), and paying an application registration fee as well as a fee to maintain document validity. annual degree. In addition, computer program patent protection must be public and anyone can access this information. In the patent application, the owner must include a description of the invention which “discloses fully the nature of the invention to the extent that a person with an average knowledge of the relevant technical field can rely on it.” application that can realize that invention”. This could potentially be exploited by competitors.

Secondly, the copyright protection period for computer programs is longer than for patent protection (20 years). However, there is also the view that whether copyright protection or patent protection for computer programs, the term of protection is too long for the life cycle of a computer program. For example, Windows software is constantly updated by Microsoft to release new versions and upgrades compared to old versions (Windows 1.0 in 1985, Windows 2.0 in 1987, Windows 3.0 in 1990…).

Above is the article: “In what form are computer programs protected by intellectual property?”. Hope this article will help you.