Author: Editor VCD

Who are the copyright owners?

Written by Editor VCD on 9 April, 2024. Posted in Announcement, Copyright exploitation cooperation services.

Currently, intellectual property created by people through thinking and creative activities in social life is increasing, accompanied by people using that intellectual product without permission. Author’s permission leads to copyright infringement. Therefore, to protect copyright, we need to identify who is the copyright owner. So please follow VCD’s article below on this issue.

1. What is the copyright owner?

The owner is the subject with the right to possess, use, and dispose of an asset or a block of assets recognized by law.

Copyright is the right of organizations and individuals to works they create or own. A copyright owner is an organization or individual that holds one, several, or all of the property rights and the right to publish a work. The original copyright owner is the author, the person who possesses copyright according to law based on the creation of the work, however, the copyright owner may or may not be the author at the same time. author. Accordingly, the copyright owner is the copyright holder or the organization or individual to whom this subject transfers one, some, or all of the property rights and the right to publish the work.

Article 13 of the Intellectual Property Law stipulates as follows:

Organizations and individuals whose works are protected by copyright include the person directly creating the work and the copyright owner specified in Articles 37 to 42 of this Law. Authors, owners Copyright holders specified in Clause 1 of this Article include Vietnamese organizations and individuals; Foreign organizations and individuals whose works are published for the first time in Vietnam but have not been published in any other country or are published simultaneously in Vietnam within thirty days from the date of the work that is published for the first time in another country; Foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which the Socialist Republic of Vietnam is a member.

According to this regulation, organizations and individuals whose works are protected by copyright include: the person directly creating the work and the copyright owner. In addition, it encourages human thinking and creativity to increasingly develop and create more types of works while ensuring creative freedom. Copyright laws of all countries are for authors and rights owners. author of rights that, when exploited, will bring economic benefits that offset creative investment costs.

2. Subjects of copyright owners

According to the provisions from Article 36 to Article 42 in Chapter III on Owners of copyright and related rights, the Intellectual Property Law stipulates that copyright owners include:

2.1. The owner of the copyright is the author

An author is a person who directly creates part or all of a literary, artistic, and scientific work. According to the provisions of Article 37 of the Intellectual Property Law, it is clearly stated that subjects are individuals and organizations that use their time, finance, physical and technical facilities to create works. This is the case where the subject is both the author who directly created the work and also the subject who contributed financially and other facilities throughout the process before, during, and after the completion of the work. Therefore, the subject is both the author and the copyright owner of the work. The copyright owner, the author, has the right to protect the integrity of the work and not allow others to modify, mutilate, or distort the work in any form that is harmful to the honor and reputation of the author. author.

2.2. Copyright owners are co-authors

Co-authors are people who directly create literary, artistic, and scientific works together. Co-authors can be indivisible co-authors and divisible co-authors. Co-authorship cannot be divided when it cannot be determined which part of the work each co-author created. Co-authorship can be divided when each co-author creates a part of the work and that part can be used independently or each author creates a part throughout the work.

Thus, compared with the provisions in Article 38 of the Intellectual Property Law, it shows that co-authors use their time, finances, and physical and technical facilities to jointly create works that share the same human rights. body and property rights of the author who creates the work or project. In this case, if there is a separate part that can be separated for independent use without harming the shares of other co-authors, then there are rights to that separate part.

2.3. The copyright owner is the organization or individual that assigns tasks to the author or cooperates with the author

The author directly creates the work either due to an assignment or under a contract with other entities. According to the provisions of Article 39 of the Intellectual Property Law, the organization assigning tasks to the author or the organization or individual entering into a contract with the author who creates the work is the owner of the work with property rights and property rights. the right to publish or allow others to publish the work by the provisions of this Law.

The basis for this right is not based on the original possession of copyright but based on law. Based on financial investment and other physical conditions for work creation activities, these subjects are the ones who “place orders” for the author to create works.

For an organization that assigns a task to a person or group of people to perform, that organization is the owner of the work and has property rights and the right to publish and let others publish the work. Rights related to the author’s identity still belong to the author and are respected throughout the process of exploiting and using the work. For individuals who agree to let others create works to meet their physical or spiritual needs. In both cases where an organization assigns a task or an individual establishes a contract to create intellectual property, in the contract the two parties need to agree on the scope of rights of the assigning party to the work. The author’s direct creative labor crystallized in the work has been compensated materially by these individuals and organizations before, during, and even after the end of the creative process. Therefore, it is also reasonable to let these subjects hold the economic rights to exploit and use the work after completion to recover previous investment capital.

2.4. The owner of the copyright is the heir

According to the provisions of the Civil Code, inheritance is understood as the transfer of assets of a deceased person to the living person, the assets left behind are called inheritance. Inheritance can be divided according to the will or if the deceased does not leave a will, the inheritance will be divided according to law. The person leaving a legacy is an individual who has the right to make a will to dispose of his or her assets; Leave your property to your heirs according to the law. Therefore, there are two types of heirs: heirs by law and heirs by will.

Thus, based on Article 40 of the current Intellectual Property Law, organizations and individuals that inherit copyright according to the provisions of the law on inheritance are the owners with property rights, the right to publish, or permission to publish the work.

2.5. The copyright owner is the person to whom the rights are transferred

The copyright owner is the person who is entitled to one, several, or all of the property and personal rights based on contractual agreements (Article 41 of the Intellectual Property Law).

The basis for this right is based on the law on the transfer of copyright ownership. Copyright can be transferred to organizations and individuals through assignment and transfer of use rights. Transfer of copyright is understood as the transfer of ownership of his or her rights by the copyright owner according to the provisions of law. Transferring the right to use copyright is understood as the copyright owner allowing another organization or individual to use one, some, or all of his or her rights for a limited period by the provisions of law. The organization or individual that transfers one, some, or all of the property rights and the right to publish the work or to another person to publish the work according to the agreement in the contract is the copyright owner.

2.6. The owner of the copyright is the State

The basis for the state’s copyright ownership is based on the legal basis in Article 42 and Clause 1, Article 1 of Decree 85/2011/ND-CP:

First, anonymous works except in the cases specified in Article 41 of the Intellectual Property Law. Anonymous works are managed by organizations and individuals That person is allowed to transfer the rights to an anonymous work to another organization or individual and receive remuneration from the transfer of that right, and the organization or individual receiving the transfer of the right shall enjoy the owner’s rights until the name is transferred. The author’s personality is determined.

Second, the work is still within the term of protection but the copyright owner dies and has no heirs, the heir refuses to receive the inheritance or is not entitled to the inheritance.

Finally, the copyright owner of the work transfers ownership to the state. When individuals or organizations use state-owned works in this case, they are obliged to ask for permission to use; pay royalties, remunerations, other material rights, and benefits; and submit a copy of the work within thirty days from the date of dissemination and circulation. Individuals and organizations perform the above obligations at the Copyright Office.

Based on the analysis of the objects of the copyright owner as well as the characteristics of the work, it can be seen that any intellectual products in the fields of literature, art, and science expressed in A certain material form is subject to copyright protection. However, to be protected, those works must also comply with certain protection principles.

Above is the article: Who are the copyright owners? I hope this article will help you.

Why must copyright be registered for musical works?

Written by Editor VCD on 4 April, 2024. Posted in Announcement, Copyright Registration, Musical work.

The Vietnamese music market is currently developing very strongly and bringing many outstanding achievements not only to singers but also to composers. Along with that development, artistic copyright infringement in general, and music copyright infringement in particular, is constantly increasing, affecting the rights of many artists, and causing frustration in the discussion. Therefore, copyright registration for musical works is necessary to help protect the rights and interests of the author. Below is VCD’s article “Why must copyright be registered for musical works? on this issue.

1. What is copyright registration for musical works?

Music, also known as a musical work, is expressed in the form of musical notes in sheet music or other musical characters or shaped on audio or video recordings with or without lyrics, regardless of whether to performed.

Music copyright is the recognition and affirmation of the author’s rights to the musical work he or she has worked hard to complete and create. Registration with a state agency is a recording, it does not mean that at that time copyright arises, but as soon as the work is completed, copyright arises.

Therefore, copyright registration for a musical work means that the author or owner of the work submits a copyright registration application to a competent state agency to issue a Music Copyright Registration Certificate. you create or own to be recognized by the state to avoid cases of infringement of your rights.

2. Copyright protection conditions for musical works.

Article 14 of the Intellectual Property Law stipulates that musical works are subject to copyright protection on the condition that the work must be directly created by the author using his or her intellectual labor and not copied from the author. products of others. Along with the provisions of Clause 1, Article 6 of the Intellectual Property Law: 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, registered or unregistered. This means that when a work is created and people can determine its existence, that work will be protected as copyright. Therefore, the same goes for musical works, when the musician has only created the melody in his mind, this musical work is not yet protected. Only when the musician performs the expression of that work in a certain material form (writing melodies, musical notes on paper, displaying on a computer, etc.) will the copyright of the musical work be granted. that will be generated.

The content of state policy stipulated in Article 8 of the Intellectual Property Law is as follows: recognition and protection of intellectual property rights of organizations and individuals based on ensuring harmony of interests of property rights holders. intellectual property with public interest; Do not protect intellectual property objects that are contrary to social ethics, public order, or harmful to national defense and security.

In conclusion, conditions for copyright protection of musical works include:

– Is one of the subjects protected by copyright

– Created and expressed in a certain material form

– Content must not be contrary to social ethics, public order, or harmful to national defense and security.

3. Why must copyright be registered for musical works?

Music copyright is a not-so-new concept in Vietnam as well as around the world. However, to truly understand and apply copyright and intellectual property law to protect their creative products, many artists themselves still do not grasp it. Copyright registration of 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 the copying, distribution, use, or sale of their music. Here are the necessary reasons to register music copyright:

Firstly, Protect intellectual property rights: Copyright registration is a way to protect the intellectual property rights of the creator, producer, or owner of music copyright, to avoid being copied, released, or used. illegal.

Second, Prevent copying and copyright infringement: Copyright registration will help owners 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.

Third, monetize music copyrights: By registering copyrights, owners will have control over the release and use of their music, thereby earning royalties from copies, commercial use, and also broadcasting rights.

Finally, it increases brand value: Copyright 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.

The fact that songs are plagiarized and have lyrics manipulated is becoming more and more widespread. Listeners do not know which is the ORIGINAL work and which is the FAKE work. Not only is it harmful to the author himself, both mentally and physically, not only that, it also harms the Vietnamese music industry in particular and the Vietnamese culture of enjoyment on a large scale. wide. However, copyright registration of musical works is not mandatory, but VCD encourages customers to register copyrights for musical works to avoid arising disputes and have a basis to prove ownership of the musical work. with the work in case of dispute.

Above is the article: why it is necessary to register copyright for musical works. Hope this article will help you.

Is using photocopied textbooks illegal?

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

Textbooks are indispensable documents in the learning process. Nowadays, photocopying books is very popular, especially in schools and students choose to use photocopying textbooks to save more money. So, is using photocopied textbooks illegal? Please follow VCD’s article “Is using photocopied textbooks illegal?” below.

1. What is the photocopied textbook?

According to Wikipedia, the definition of textbook is as follows:

Textbook is the curriculum system of a subject. It is a learning or teaching material designed and compiled based on the subject curriculum. The purpose is to make official teaching materials for teachers or to make official learning materials for students.

Article 6 of Decree 17/2023/ND/CP stipulates the concept that: curriculum is the main teaching, learning, and research document with content consistent with the training and fostering program approved by the head of the institution. Higher education institutions and vocational education institutions approve, select, or are approved by competent state management agencies according to law provisions.

Photo, also known as copying, is the creation of a copy of all or part of a work or audio or video recording by any means or form.

A copy of a work is a direct or indirect copy of all or part of the work by any means or form.

Based on the above concepts, it can be understood that photocopying textbooks is the product of the process of copying the entire original work and printing it into hard copies.

2. Are textbooks protected by copyright?

Works are protected regardless of the content, ideas, and opinions expressed in the work. Therefore, according to the copyright laws of many countries, works with content that is contrary to morality or public order can be protected if they are the result of the author’s spiritual creativity. The Berne Convention is the oldest international copyright convention with the largest number of member states, providing an unlimited list of protected works regardless of form or method. expression.

Based on the Berne Convention, Vietnam stipulates in Clause 7, Article 4 of Vietnam’s Intellectual Property Law: “A work is a creative product in the fields of literature, art, science expressed in any form. any means or form”.

On the other hand, the conditions for protecting works are in Clause 3, Article 14: protected works ”must be directly created by the author using his or her intellectual labor and not copied from another person’s work. ”.

First, the work must be the result of spiritual creative activity. To be protected by copyright, a work must be based on the results of the process of thinking, exploring, creating, and reflecting the thoughts and feelings of the creator. In other words, the work must be based on creative results that contain certain spiritual content of the author.

Second, the work must be presented in a certain form. If creations are just ideas in the author’s head and have not been expressed in a certain form in the physical world, they cannot be considered a work protected by copyright, so the author cannot be considered a work protected by copyright. A work is only protected by copyright when it is expressed in a certain form so that others can recognize and identify the work.

And finally, the work must be original. The original creativity of a work is not synonymous with “newness” in terms of time. The work does not need to have new content or ideas but must be created by the author, bearing its mark to distinguish it. This requires that the work be independently and directly created by the author without copying from others.

According to Point a, Clause 1, Article 14 of the Intellectual Property Law, regulations on types of works protected by copyright include: Literary and scientific works, textbooks, course books and other works expressed in appears as writing or other characters.

Thus, according to the above regulations, textbooks, textbooks, or other specialized research books are classified as works protected by copyright.

3 . Is using photocopied textbooks illegal?

Commercial purpose is behavior intended to generate economic or other benefits. Currently, there are many opinions related to copyright infringement of photo textbooks, depending on the purpose of using photo textbooks to determine whether there is a violation or not. There are 2 cases as follows:

Case 1:

Using photocopied textbooks does not violate copyright if the user complies with the provisions of the Intellectual Property Law on copyright including moral rights and property rights. Article 25 of the Property Law, stipulates exceptional cases that do not infringe copyright, according to which photo textbooks are one form of copying works, so users must satisfy the conditions of use. Published works do not require permission or pay royalties or remunerations in Article 25 of this Law, specifically as follows:

Textbooks are copied for personal learning purposes, not for commercial exploitation. Adapt the textbook into an accessible form for people with disabilities and visual impairments, not for commercial purposes.

In particular, non-commercial purposes means that in cases where the purpose of use is determined to be for profit such as rental, the user will not be entitled to this non-infringement exception. Thus, the act of self-copying a copy for personal scientific research or teaching purposes is not applied for commercial purposes.

Case 2:

Using photocopied textbooks violates copyright if this is the act of copying textbooks for commercial, sale, or profit purposes, will violate the author’s intellectual property rights, and may lead to legal consequences. physical. According to Article 28 of the Intellectual Property Law, acts of copying works without the permission of the author or copyright owner, except for the provisions of Article 25 of this Law stated in case 1, are such acts. considered a violation of copyright.

However, in reality, more and more people are profiteering from photocopying original textbooks to sell and gain profit. This will affect the author’s effort, income and intelligence. Therefore, the fact that universities allow students to abuse too many copies of research documents and textbooks can be considered a form of indirect support in violating the author’s intellectual property rights.

4 . Penalties for copying works

Using photocopied textbooks not for scientific research purposes but for commercial purposes will be subject to administrative sanctions according to the provisions of Article 18 of Decree 131/2013/ND-CP regulating administrative sanctions. For acts of infringing the right to copy works, violators, and organizations will be fined twice the fine range for individuals as prescribed in Clause 2, Article 2 of Decree 131/2013. /ND-CP. Accordingly, acts of infringing on the right to copy works will be fined from 15,000,000 VND to 35,000,000 VND for individuals and from 30,000,000 VND to 70,000,000 VND for organizations.

In addition, remedial measures will be applied: forced removal of copies or photocopies of infringing works in electronic form, on the Internet and digital environment, or forced destruction of infringing material evidence here. is a book.

Above is the article: Is using photocopied textbooks illegal? Hope this article will help you.

VCD successfully reached a music licensing agreement with TikTok

Written by Editor VCD on 22 March, 2024. Posted in Announcement, Copyright Registration, Musical work.

In the 21st century, leveraging social media platforms has become an indispensable part of the music industry, and artists. TikTok, one of the most popular applications in this field, has become “a golden opportunity” for singers and artists to reach a massive audience and viewers. However, getting licensed and collecting royalties from this “big guy” is not easy. On February 27, 2024, Vietnam Copyright Development Joint Stock Company (“VCD”) officially reached a music licensing agreement with TikTok, opening a new door in its business development journey. Therefore, in the article “VCD successfully reached a music licensing agreement with TikTok” below, we will learn in detail about this event and the benefits of reaching a music licensing agreement for VCD and TikTok.

1. TikTok – A playground that helps access many new opportunities

TikTok, or Douyin in China, is a Chinese music video and social networking platform created by ByteDance founder Truong Nhat Minh. TikTok is used to create short music, lip sync, dance, comedy, and talent videos from 3 seconds to 10 minutes, and short looping videos from 3 to 60 seconds.

Just a few years ago, YouTube, and ZingMP3… were some platforms that singers and artists prioritized to use to spread their music products to the masses. They will use the view rate on these platforms to evaluate their influence, success, and fan reception.

TikTok, a short video-sharing platform, has quickly become a global phenomenon in the past 3-4 years since the Covid 19 epidemic broke out. With billions of users around the world, TikTok is considered not only an entertainment place with trendy dance performances but also a great business and advertising opportunity. From users, singers, and artists,… to entrepreneurs, businesses from different industries have recognized the potential of TikTok and started taking advantage of this platform to reach their audiences.

2. Music licensing agreement: VCD’s breakthrough in managing and trading music products of singers and artists

The licensing agreement between VCD and TikTok is considered an important breakthrough in the company’s development. Under this agreement, a musical work is a piece of music owned, controlled, and/or managed by VCD, in whole or in part. TikTok and TikTok Affiliates are allowed to legally use the musical works that VCD manages, including doing the following: copying and storing musical works on the server; allowing users, TikTok Affiliates, and TikTok to record and store live streamed content; allowing the use and creation of copies of musical works… In general, TikTok and TikTok Affiliates have the right to use musical works that VCD manages for commercial exploitation on the TikTok platform.

Regarding royalty payments, according to this agreement, Tik Tok agrees to pay royalties to VCD on a monthly schedule and VCD will receive royalty payments on a quarterly schedule within the period as agreed by both parties through quarterly accounting reports. Regarding the method of calculating royalties, TikTok will be based on the total number of videos using musical works that VCD manages and created on TikTok as the basis for royalty payment. The amount of royalties that artists and authors receive will be based on the royalties that VCD collects from TikTok as well as on the contractual agreement between VCD and the artists and authors.

3. Benefits for both sides

VCD is proud and affirmed to be one of the pioneering businesses in the field of copyright protection for artists and authors. The music licensing agreement with TikTok not only benefits the artists and authors whose musical works VCD manages but also brings many opportunities to TikTok.

First of all, for artists and authors whose musical works are managed by VCD, participating in a music licensing agreement with TikTok will bring many benefits for development as follows:

First is to help artists and authors increase their income: artists and authors authorizing VCD to manage musical works and music licensing agreements with TikTok will bring a stable source of income. for artists and authors because they will be paid for their creations, thereby increasing revenue from their social media platforms, besides YouTube, Spotify… and other platforms. other music.

Second, it helps increase presence on social networks and the public: TikTok’s use of musical works by artists and authors will help artists and authors reach a large number of users worldwide bridge. In particular, with modern tools, their old songs can be given new life and become “viral”. TikTok is also a popular platform for sharing creative music content. Using an artist’s music on TikTok can help generate fan interest, increase engagement, and promote the sharing of their music (especially when launching new music works). ).

Third is to create collaboration and advertising opportunities: Through being on TikTok, artists and authors can create collaboration and advertising opportunities with brands, manufacturers, or partners in other work. This can help them expand their influence and create new business opportunities.

By partnering with businesses like VCD, TikTok also strengthens its position in the online advertising market and attracts more businesses that want to join this platform and brings many benefits as follows:

One is content diversification: The music licensing agreement between VCD and TikTok allows TikTok to use different songs that VCD manages from artists and authors. This creates a diverse and rich environment for users, helping TikTok attract a larger audience.

Second is to increase advertising revenue: using and integrating musical works from famous artists and authors in advertising clips and selling products can create attractive and engaging content. user attention. This can help TikTok increase advertising revenue when brands want to advertise in videos using their music.

Third is to create a connection with the music community: by partnering with music management companies such as VCD, TikTok can build relationships with the music community, thereby expanding opportunities for future cooperation and new business opportunities.

The music licensing agreement between VCD and TikTok is a typical example of media companies recognizing, respecting, and rewarding music makers and their products when they are used on online platforms.

Sample declaration for copyright registration for journalistic works

Written by Editor VCD on 9 March, 2024. Posted in Copyright Registration, Press work.

Reading the news has always been the spiritual food of Vietnamese people. Over time and with the development of the times, news in newspapers is gradually transformed into websites to help readers easily access and grasp information. However, this is also a painful situation when many articles today are often violated by copyright such as: copying, stealing… According to the provisions of current Intellectual Property law, works Journalism is one of the forms protected by copyright. Therefore, what issues should you pay attention to in the form of copyright registration declaration for journalistic works? Please follow “Sample declaration for copyright registration for journalistic works ” VCD’s article below.

1. What is a journalistic work?

According to Clause 7, Article 3 of the current Consolidated Document of the Press Law: “A journalistic work is the smallest constitutive unit of a journalistic product, with independent content and complete structure, including news and articles presented in expressed in writing, sound or image.”

In addition, Clause 3, Article 6 of Decree 17/2023/ND-CP detailing several articles and measures to implement the Intellectual Property Law on copyright and related rights has the following provisions: “Author Journalistic works specified in Point c, Clause 1, Article 14 of the Intellectual Property Law are works with independent content and complete structure, including the following genres: Reportage, notes, reports, interviews, reflection, investigation, commentary, editorial, treatise, journalism and other types of journalism intended to be published or broadcast in print, audio, visual, electronic or other media.”

Each work in general and journalistic work in particular is created from enthusiasm, and creativity and expresses core human spiritual values. Therefore, this type of work becomes one of the subjects protected by copyright according to the provisions of Point C, Clause 1, Article 14 of the Intellectual Property Law.

2. Basis for rising copyright

According to the provisions of Clause 1, Article 6 of the Intellectual Property Law, “Copyright rights arise from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered.”

According to this regulation, copyright arises from the moment a journalistic work is created and expressed in a certain material form. This means that all issues arise when the journalistic work is saved in any form, medium, or language, whether published or unpublished, registered with copyright or unregistered. Therefore, the appearance of a work is the basis for copyright and this right needs to be respected and protected.

3. Copyright registration documents

To register the copyright owner of a work, the author needs to prepare the following documents and records:

Copyright registration declaration (according to the corresponding form in Circular 08/2023/TT-BVHTTDL dated June 2, 2023, Circular stipulating forms for copyright and related rights registration activities). The declaration must be made in Vietnamese and signed by the author, copyright owner, related rights owner, or person authorized to apply. The declaration must contain complete information about the applicant, author, copyright owner, or related rights owner. The declaration must contain a summary of the content of the work, performance, audio recording, video recording, or broadcast; author’s name, work used as a derivative work if the work is registered as a derivative work; time, place, and form of announcement; Commitment to responsibility for the information stated in the application.

Two copies of the copyrighted work:

01 copy is kept at the Copyright Office and 01 copy is stamped with the Registration Certificate number and returned to the subject to whom the Registration Certificate was issued.

For works with unique characteristics such as paintings, statues, monuments, reliefs, and monumental paintings associated with architectural works; works that are too large and bulky, three-dimensional photographs replace copies of registered works.

For written works: 02 volumes on A4 paper with page numbers and author’s signature on each page or company seal;

For computer programs: 02 printed copies of source code + software interface on A4 paper + 02 CDs with source code content and interface on them;

For works of applied art: 02 copies printed on A4 paper of the work with the signature or stamp of the author or owner of the work;

For musical works: 02 printed copies of music + lyrics or audio recording (recording) in case of recording;

For architectural works: 02 drawings on A3 paper

Power of attorney or authorization contract, in case the authorizing party is an individual, the authorization document must be authenticated according to the provisions of law.

Documents proving the right to apply;

Written consent of the co-authors, if the work has co-authors;
Written consent of the co-owners, if the copyright is jointly owned.

Identity card or citizen identification card of the author or owner of the work;

Copy of the company’s Business Registration Certificate (if the owner is a company).

All documents submitted with the copyright registration application must be made in Vietnamese; if made in a foreign language, they must be translated into Vietnamese and notarized or authenticated.

4. Form of declaration for registration of copyright for journalistic works

According to Point a, Clause 1, Article 3 of Circular 08/2023/TT-BVHTTDL stipulating forms for copyright and related rights, the copyright registration declaration for journalistic works will be form no. 01.

For journalistic works, when registering a copyright, the author or copyright owner of the work must write down correct information about the work such as the title of the work, date of completion of the work, and publication of the work… and importantly, the main content of the work.

In the main content of the work, author and copyright owner of that journalistic work need to summarize the main content of the work and clearly state the number of parts and pages of the work. One thing to note here is that the name of the work in the declaration and the name of the work in the printed explanation need to match.

In addition, information about the author, information about the copyright owner, the basis on which the rights arise, and the authorized party submitting the registration dossier (if any) must be accurate and match the requirements. documents submitted with the application.

Above is the article: “Sample declaration for copyright registration for journalistic works”. I hope this article will help you.

Distinguish between copyright and industrial property rights

Written by Editor VCD on 4 March, 2024. Posted in Copyright Registration.

Copyright and industrial property rights are two important terms commonly and widely used in the field of Intellectual Property. Copyright is protected from the moment the work is created; industrial property rights require registration by the owner. However, this is just the “tip of the iceberg” because there are still many differences between these two concepts. To clearly distinguish between copyright and industrial property rights, please follow VCD’s article below.

1. Concept of copyright and industrial property rights

According to Clause 2, Article 4 of the Intellectual Property Law, copyright is the right of individuals and organizations to works they create or own. Therefore, copyright is used to protect spiritual creations of a cultural nature (also known as works) from copyright infringement, for example, articles on literary science, creativity, etc. music, recordings, paintings, photographs, films, and radio programs. Copyright is to protect the author’s personal and economic interests in this work.

According to Clause 4, Article 4 of the Intellectual Property Law, industrial property rights are the rights of organizations and individuals to inventions, semiconductor integrated circuit layout designs, industrial designs, trade names, and trademarks. , trade secrets, geographical indications created or owned by oneself, and rights against unfair competition. Industrial property rights are the rights and obligations of subjects related to the use and transfer of industrial property objects. These subjective rights must be by the law in general and the law on industrial property rights in particular; including personal rights and property rights of subjects in the field of industrial property; the right to prevent acts of infringement or unfair competition concerning the rights of creators or legitimate users of such objects.

Therefore, copyright and industrial property rights are two important groups of rights of the Intellectual Property Law and are specified in Part 2 and Part 3 of this Law, respectively.

2. Similarities between copyright and industrial property rights

Based on the two concepts of copyright and industrial property rights, these two rights have a few things in common as follows:

Firstly, these two rights are both regulated and protected by law in the Intellectual Property Law.

Secondly, these two rights both aim to protect the subjects who create or own the work, namely the author and owner who creates or owns the work within the territory of Vietnam.

Thirdly, the above two rights are protected by the State. If there is a violation of either of these rights, it will be considered a violation of the law and may be subject to administrative sanctions or criminal liability.

It can be seen that copyright and industrial property rights are two different categories, but both aim to protect their intellectual rights and belong to the same group of intellectual property rights. An object can be protected by copyright as well as intellectual property rights. For example, for a robot model, in addition to registering for industrial design protection, you can also register for copyright protection with the drawing or writing of the description.

3. The difference between copyright and industrial property rights

3.1. About the subject of copyright protection and the subject of industrial property protection

Subjects of copyright 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. The subject matter of copyright is mainly applied in spiritual entertainment activities.

The objects of industrial property rights are applied in production and commercial business activities. Includes patents, industrial designs, semiconductor integrated circuit layout designs, trade secrets, trademarks, trade names, and geographical indications.

3.2. Regarding copyright protection conditions and industrial property rights protection conditions

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. Copyright law does not regulate the content of protected works.

For industrial property rights: the subject of industrial property rights is protected when it meets the protection conditions prescribed by the Intellectual Property Law. That is, the law on industrial property rights protects the content of objects as follows:

Invention: has novelty, creativity, and industrial applicability.
Industrial design: has novelty, creativity, and industrial applicability.
Trademark: a visible, distinctive sign (Article 72 of the Intellectual Property Law).
Trade name: Capable of distinguishing between business entities (Article 76 of the Intellectual Property Law).
Geographical indication: Products bearing geographical indications have geographical origin from the area, locality, territory, or country corresponding to the geographical indication; whose reputation, quality, or characteristics are mainly due to the geographical conditions of that place (Article 79 of the Intellectual Property Law).
Semiconductor integrated circuit: original and commercial (Article 68 of the Intellectual Property Law)
Trade secret: Not common knowledge and not easily obtained; When used in business, it will give its owner an advantage; kept confidential by the owner by necessary measures (Article 84 of the Intellectual Property Law).

3.3. Regarding the basis for establishing copyright and the basis for establishing industrial property rights

Copyright is established when the work is created and shaped in a certain physical form; based on the author’s act of creating the work, regardless of any format or procedure.

Industrial property rights are established based on the decision of a competent state agency through the review and issuance of protection titles to the owners of those objects (except for industrial property objects that are identified as industrial property rights). set automatically). As follows:

Inventions, industrial designs, layout designs, trademarks, and geographical indications: established based on being granted a protection title or recognition of international registration by a competent authority.
Trade name: legal use.
Trade secrets: legally obtained and conducted in confidence.
Famous trademarks: based on use.

3.4. About when copyright arises and when industrial property rights arise

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 unregistered. Copyright arises implicitly and is established from the moment that work is expressed in an objective form that others can perceive.

Industrial property rights arise at different times depending on the object being protected.

3.5. Regarding requirements for protection certificates for copyright and protection certificates for industrial property rights

Copyright is automatically protected, and protection does not depend on registration procedures, so copyright does not require a protection certificate. The protection certificate of copyright-related rights is the copyright registration certificate, related rights registration certificate (issued by the Copyright Department of the Ministry of Culture, Sports and Tourism).

With industrial property rights, registration of industrial property rights is a mandatory procedure. Industrial property rights are only protected by law when they have been officially granted a protection title by a state agency (the Intellectual Property Department under the Ministry of Science and Technology). The protection certificate of industrial property rights for each subject is as follows:

For inventions: patents
For industrial designs: industrial design patent
For geographical indications, trademarks, semiconductor integrated circuit layout designs: certificate of registration of geographical indications, trademarks, semiconductor integrated circuit layout designs.

3.6. Regarding the terms and limits of protection for copyright and the terms and limits of protection for industrial property rights

Copyright is protected for the period specified in Article 27 of the Intellectual Property Law and the protection limit in Article 25 of the Intellectual Property Law.

Industrial property rights are protected in Article 93 of the Intellectual Property Law and protection limits from Article 133 to Article 137 of the Intellectual Property Law.

Above is the article: “Distinguishing between copyright and industrial property rights”. Hope this article will help you.

Is using illustrations drawn by AI for commercial purposes protected by copyright?

Written by Editor VCD on 21 February, 2024. Posted in Copyright Registration.

AI or Artificial Intelligence is artificial intelligence, this technology specializes in simulating human thoughts and knowledge acquisition processes for machines, especially computers and application software. With the remarkable development of AI in the past few years, it can be seen that AI is gradually taking over, affecting every corner of human occupations in general, especially in related fields to design. Related to this issue, a recently discussed question is whether using illustrations drawn by AI for commercial purposes is protected by copyright.

1. General concepts of AI and copyright

AI is the simulation of intelligent human processes using machines, especially computer systems. Specific applications of AI include expert systems, natural language processing, speech recognition, and machine vision. In the book “Artificial Intelligence A Modern Approach”, the authors analyzed 4 characteristic elements of AI, which are: (i) Thinking humanly; (ii) Thinking rationally; (iii) Acting humanly; Acting rationally. AI systems work by ingesting large amounts of labeled training data and, through a process of deep learning, analyzing the data to find correlations and patterns. Use these patterns to make predictions about future states. Simply put, AI is a product created by humans, intended to support and answer human questions.

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.” Illustrations for commercial purposes are defined as works of applied art – one of the types protected by copyright according to Point g, Clause 1, Article 14 of the current Intellectual Property Law. According to Clause 8, Article 6 of the Intellectual Property Law: “A work of fine art applies to a work expressed by lines, colors, shapes, and layouts with useful features, which can be attached to a useful object. Useful, produced manually or industrially… Works of applied art are expressed in the form of artistic product designs that cannot be created easily by people with average knowledge in the field. respective area and does not include the external appearance of the product that is required to perform the product’s function.

2. Conditions for works to be protected by copyright

Since its recognition, the purpose of copyright has been to protect the author’s rights and interests toward his “brainchild”. In the spirit of the Bern Convention – the oldest international copyright convention, there is a list without limitation of “literary and artistic works” regardless of form and method of expression. Based on the Berne Convention, Vietnam also stipulates in Clause 7, Article 4 of the Vietnam Intellectual Property Law the concept of “work” as a “creative product in the fields of literature, art, and science expressed in by any means or form”.

First of all, the work must be expressed in a certain form. The law recognizes that copyright is only established when the work is created and expressed in a certain material form such as audio recording, video recording, rewriting, reading, etc. Therefore, if a creative result is only an idea in the author’s mind and has not been expressed externally in a material form, it cannot be considered a work protected by copyright.

Next is that the work must be the result of spiritual creative activity. To be protected by copyright, a work must be based on the process of thinking, learning, creating, and reflecting the thoughts and feelings of the creator. In other words, the work must be a creative product with the author’s content and spirit.

And finally, the work must be original. This requires that the work be independently and directly created by the author without being copied from another subject. Originality does not require the work to have high content value or unique artistic quality, but it does require creating the author’s mark through the content or form of expression of the work.

3. Related legal issues

3.1. Are illustrations drawn by AI for commercial purposes protected by copyright?

Commercial purpose is behavior intended to generate economic or other benefits. Today, AI can produce literary and artistic works that truly surprise and inspire us.

A typical example is: On October 3, famous manhwa (Korean comic) artist Kim Jung Gi – who is known for his style of drawing comics with a brush and the ability to improvise from memory without needing to sketch – passed away at the age of 47. Painters and graphic artists around the world mourned and at the same time honored him as a great source of creative inspiration in the community. Just a few days later, a French game designer used Jung Gi’s works as input for an AI model. He quickly shared his entire project via Twitter account @5you, meaning anyone can use this AI to turn their ideas into works with drawings identical to Jung Gi in just a few clicks. click.

According to the law on copyright protection conditions, a work must meet the requirements of creativity, or bear the mark of its author. First, to create a work, humans and AI both need material sources. Specifically: for humans, this source of material is the vocabulary, social culture, themes, chords in music, and human knowledge; As for AI, it is a data warehouse that technologists enter into information storage. Second, the work will need expression tools, such as language, sound, images, colors,… and is often associated with the materials that carry it, such as fabric, drawing paper, and sound discs. ; or sound waves, electromagnetic waves, etc. The difference is that humans are chosen to convey the work, while AI will be performed by computers. Third, the work will bear the personal imprint of the subject who created it. Personal impressions can be the author’s own emotions, thoughts, feelings, analysis, and opinions to make the work unique and original. With AI, based on the data warehouse, the programmer puts in parameters and algorithms and from there the AI can synthesize and produce the result as a work.

Therefore, in essence, it can be seen that works created by AI are similar to works created by humans. Therefore, works created by humans or created by AI can meet the conditions for the protection of work. If we rely on published AI products, we see that these works also bring content and artistic value to humanity.

3.2. In case an illustration drawn by AI for commercial purposes is protected by copyright, who is the copyright owner?

Currently, there are still many opinions regarding the copyright owner of illustrations drawn by AI because currently, Vietnamese law has not yet regulated this issue. Therefore, currently, there are three different views as follows:

The first view is that AI is considered the owner for the following reasons:

According to this perspective, with just a few mouse clicks, AI can automatically synthesize information from many different sources, and then create an illustration suitable for the user, rather than relying on intelligence or knowledge of user consciousness.

Furthermore, according to Clause 1, Article 13 of the Consolidated Document of the Intellectual Property Law, it is stipulated: “Organizations and individuals whose works are protected by copyright include those who directly create the works…” Therefore, AI is considered the copyright owner of the works they create.

The second view is that AI is not the owner for the following reasons:

First, the AI provides illustrations after the user places an order – it cannot proactively create the work.

Next, between users and these platforms, a civil transaction is established (whether the user spends money or uses it for free) whereby the user is given ownership of the resources available on the system AI data system. Users here have the right to request AI to publish any work of the user. According to Clause 2, Article 39 of the Consolidation Document of the Intellectual Property Law: “Organizations and individuals that enter into contracts with authors who create works are the owners of the rights specified in Article 20 and Clause 3, Article 19 of this Law this law”. Therefore, people who use AI to create illustrations can be recognized as copyright owners.

The third view is that both the AI and the user are identified as co-owners of the copyright in the work created by the AI. If AI is considered the author who creates the illustration, then by being granted permission to use AI’s available functions, the user is the party that hired the AI to create the work. Here, AI will have moral rights, including the right to name the work, be the author’s name when the work is published, and protect the integrity of the work created by AI itself; and users have property rights such as the right to perform the work in public, copy the work, distribute and rent the work.

Answering the question of copyright ownership of AI-generated content is not simple and needs to be considered carefully. Does creative content produced by machines need intellectual property laws and international conventions? Because AI does not have an independent personality and does not have the status of “author” as in the standards of copyright law. Designers, developers, and users of AI tools are the copyright owners of AI-generated content. However, the legal nature of AI works is currently unclear.

Above is the article: “Is using illustrations drawn by AI for commercial purposes protected by copyright?”. Hope this article will help you.

Is it possible to refuse to inherit the copyright?

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

The Intellectual Property Law stipulates that the copyright owner is the heir. Therefore, can the heir deny his or her inheritance rights? Please read VCD’s article for more detailed information.

1. Inheritance of copyright

Copyright is the right of organizations and individuals to works they create or own. Copyright includes personal rights and property rights, some of which can be inherited according to the provisions of civil law.

An individual’s assets can be objects, money, valuable papers, and property rights, with property rights included in copyright. Therefore, when the individual who owns the copyright dies and leaves his or her assets to his or her heirs, the copyright will naturally become an inheritance.

Article 40 of the Intellectual Property Law has regulations on copyright owners being heirs, specifically:

“Organizations and individuals that inherit copyright rights according to the provisions of the law on inheritance are the owners of the rights specified in Article 20 and Clause 3, Article 19 of this Law.”

Accordingly, the person who inherits according to the will or law will become the owner of these inheritances. However, the heir does not inherit all copyright but is only the owner of the rights to publish the work and the property rights in the copyright.

2. Refuse to inherit the work

On that basis, Article 40 of the Intellectual Property Law stipulates that individuals can inherit copyright, but only certain rights. Regarding moral rights, individuals can only inherit the right to publish the work or allow others to publish the work. Other personal rights cannot be inherited because these rights are attached to each individual, usually name, reputation, honor, dignity… only that individual can exercise. As for property rights, they are fully inherited according to the provisions of law like the author or original copyright owner of the work, specifically the following rights:

Making derivative works;

Performing works in public;

Copying works;

Distributing or importing originals or copies of works;

Communicate works to the public by wire, wireless, electronic information networks, or any other technical means;

Rent originals or copies of cinematographic works and computer programs.

Refusal to receive inheritance is carried out according to the provisions of the Civil Code 2015. Accordingly, the heir has the right to refuse to receive the inheritance. The refusal to receive the inheritance must be made in writing and must be expressed before the time of inheritance division specified in Article 620 of the Civil Code as follows.

“1. The heir has the right to refuse to receive the inheritance, except in cases where the refusal is to avoid performing his or her property obligations to others.

2. Refusal to accept the inheritance must be made in writing and sent to the estate manager, other heirs, and the person assigned to divide the estate for information.

3. Refusal to accept the inheritance must be expressed before the time of division of the inheritance.”

Meanwhile, individuals have the right to refuse to accept inheritance as copyright and must comply with the conditions prescribed by the Civil Code. In case the heir refuses to accept the inheritance and the work is still within the protection period, the work will belong to the State according to the provisions of Intellectual Property Law.

Is scanning considered a form of copying works?

Written by Editor VCD on 7 February, 2024. Posted in Copyright Registration.

Scanning is one of the popular ways that users scan hard-copy documents to save them as image files on computers and phones. From a legal perspective, are document scanning activities a form of copying works? Please read “Is scanning considered a form of copying works?” VCD’s article to learn more.

1. Is scanning considered copying a work?

Scanning is the process of converting data on paper, documents, and images on paper into data, images, and files stored on computers or phones through a scanner, printer with a scanning feature, or via an application. Use scanning on your smartphone.

According to the provisions of Clauses 4 and 5, Article 3 of Decree No. 17/2023/ND-CP, originals and copies of works are defined as follows:

“4. The original of a work is the copy that exists in material form on which the creation of the work was first shaped.

5. A copy of a work is a direct or indirect copy of all or part of the work by any means or form.”

At the same time, Clause 10, Article 4 of the Intellectual Property Law clearly states that copying is the creation of one or more copies of a work or audio or video recording by any means or form, including making copies in electronic form.

From the above regulations, we can see that scanning is essentially creating a copy of the original work in electronic form, so this is the act of copying the work.

2. Does scanning a work require permission from the author?

The right to copy a work is one of the property rights that the author, copyright owner exclusively exercises or allows others to exercise as prescribed in Clause 1, Article 20 of the Intellectual Property Law.

Every organization and individual, when exploiting and using one, some or all of personal rights and property rights, must ask for permission and pay royalties, remunerations, and other material benefits to the right owner or author. The act of copying a work without the permission of the author or copyright owner is a violation of copyright.

However, some exceptional cases allow the copying of works without permission, payment of royalties, or remuneration to the author as stipulated in Points a and dd, Clause 1, Article 25 of the Intellectual Property Law, including:

Self-copy a copy for personal scientific research and teaching purposes;

Copy the work to store in the library for research purposes.

Therefore, scanning is one of the forms of copying works, and depending on the purpose of copying, organizations, and individuals must ask for permission, pay royalties, and remuneration to the author or not need to. However, it is necessary to respect the author and copyright when copying works. When using, you must clearly state the author’s information and source from the original work.

The quickest way to get copyright permission for YouTube music?

Written by Editor VCD on 5 February, 2024. Posted in Copyright Registration, Musical work.

YouTube is the world’s largest video-sharing platform founded in 2005. With billions of users around the world, this platform allows users to experience a variety of services from entertainment videos, short films, news… and music is one of the most popular services on the platform. However, musical works or songs are one of the protected subjects of the Intellectual Property Law, as well as protected by YouTube. Therefore, to avoid copyright infringement, the article below will highlight the fastest ways to apply for music copyright permission on the YouTube platform.

1. What is copyright for musical works?

Copyright for musical works is a form of copyright in general, specified in Clause 2, Article 4 of the Intellectual Property Law as follows: “Copyright is the right of organizations and individuals to the work.” According to the provisions of Clause 4, Article 6, Decree No. 17/2023/ND-CP guiding the Law on Intellectual Property, “4. Musical works specified in Point d, Clause 1, Article 14 of the Intellectual Property Law are works expressed in the form of notes in music or other musical characters regardless of whether they are performed or not”. Therefore, it can be understood that musical works do not necessarily have to be expressed in tangible form as notes and musical characters, but can also be expressed in sound form, and are not required to be performed to act.

When a song is introduced to the public, that song is the creative result of the Musician (person who composes the musical work), the performer or presenter of the work (singer, musician,…), and Music Producers (audio recording, video recording of performances). Accordingly, Vietnamese intellectual property law protects copyright for organizations and individuals who create or own musical works and protects rights related to copyright for organizations and individuals who create or own musical works with performances, audio recordings, and video recordings.

Copyright for musical works is the scope of rights of the copyright owner and the author of musical works recognized and protected by law, including rights already owned by law intellectual recognition. The legal relationship of copyright to musical works is an absolute civil legal relationship between the subjects of copyright to musical works and the remaining subjects in society who have obligations to respect the rights of rights bearers.

2. Basis for arising copyright for musical works

Copyright in musical works is based on a series of rules that protect the work and protect copyright. In most countries, copyright in a musical work arises automatically when the work is created and recorded in a particular medium.

According to the provisions of the current Vietnamese Intellectual Property Law, copyright for musical works arises from the time the work is created; and is expressed in a certain material form; regardless of content or quality; form, means, language; published or not published; registered or not registered.

The quickest way to get copyright permission for YouTube music?

3. How to apply for music copyright permission on YouTube

YouTube is a large platform with very strict music copyright regulations to protect the rights and interests of creators, authors, or copyright owners. The proof is that YouTube provides three different ways to protect authors: Forms, Copyright Match Tool, and Content ID.

Obtaining music copyright permission is important to comply with copyright laws and avoid legal consequences on YouTube. Always refer to the license document and agreement before using music, and comply with the terms specified. Therefore, to apply for music copyright permission to use on YouTube, several ways can be applied as follows:

Contact the copyright owner directly: The most common way is to find out who owns the music copyright and contact them directly. You can email or find contact information on their website, or via social media if they have a presence there. Clearly describe your purpose and how you want to use the music.

Use music copyright management services (Music Licensing Services): There are music copyright management services such as SoundExchange, BMI, ASCAP, and SOCAN (depending on the country) that you can contact for permission and collect track usage fees. They can help you find out who owns and manages the usage rights.

Use free or licensed music: Several free music sources on YouTube or websites specialize in providing free music with clear usage licenses. Note that you must comply with the license terms when using this music.

Find music that uses a Creative Commons license: If you want to find music to use without having to pay a fee or get a separate license, you can search for music that has a Creative Commons license on sites like Creative Commons Music or Free Music Archive. However, you must still comply with the terms of the license.

Use YouTube music library: YouTube offers a free music library to video creators on their platform. You can use music from this library in your videos without worrying about asking for separate permission.

Above is the article: “The quickest way to get copyright permission for YouTube music?”. Hope this article will help you.