Author: Editor VCD

The author is usually the holder of copyright to the work, including moral rights and property rights. However, in certain cases such as through rights transfer contracts, creative contracts, etc., the author only holds moral rights and no longer holds property rights to the work. That property right belongs to another entity, called the copyright owner. Therefore, what rights does the author who is not the copyright owner have over the work? We would like to clarify through the article “What rights do authors who are not concurrently copyright holders have as prescribed by law?.

1. Author and copyright owner

According to the provisions of Article 12a of the Intellectual Property Law, the author is understood as the person who directly creates the work, in cases where two or more people directly create the work with the intention that their contributions are recognized as combined into a complete whole, those people are co-authors.

A copyright owner is an individual or organization that holds one, several, or all of the property rights related to a recognized work, whether or not they directly create that product. Based on the relationship in the process of creating a work, copyright owners are divided into two types: copyright owners who are authors and copyright owners who are not authors.

For the copyright owner who is the author, based on the provisions of Article 37 of the Intellectual Property Law, when the author uses his or her time, finances, and physical and technical facilities to create work, they will be identified as the copyright owner.

In reality, there are some cases where the copyright owner is not also the author, specifically as follows:

• Agencies or organizations assign tasks to authors to create works, including works created according to tasks and works created outside the framework of tasks;

• Individuals and organizations enter into creative contracts with authors;

• A person who inherits the copyright;

• Person to whom rights are transferred;

• Government;

• General public.

2. The author’s rights are not the same as the copyright owner

2.1. The author’s rights are not the same as the copyright owner

In case the author is not the copyright owner, the author only has moral rights that cannot be transferred, specifically as follows:

• Receive royalties;

• Receive remuneration for used works;

• Receive an award for a work of which you are the author, unless the work is not protected by the State;

• Name the work;

• Put your name (real or pseudonym) on the work; be named when the work is published or used;

• Protect the integrity of the work. Specifically, do not allow others to edit, mutilate, or distort the work in any form that harms the author’s honor and reputation.

2.2. Limit the rights of authors who are not also copyright owners

Depending on the agreement between the author and the copyright owner, the owner may have some or all property rights to the work. In case all rights to publish the work and property rights belong to the copyright owner, the author is not allowed/does not have the right to do or allow others to do:

• Publish the work or allow others to publish the work;

• 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.

3. What should an author who is not the copyright owner do when his or her copyright is infringed?

When the author who is not also the copyright owner discovers that his or her work is infringed upon by copyright, the author can do the following to protect copyright:

• Notify the current copyright owner and agree on an appropriate solution;

• Notify and request the infringing party to immediately stop the act of infringing upon his or her rights;

• File a lawsuit in Court;

• Contact individuals/organizations providing legal services for advice on procedures, procedures, and solutions in case of rights infringement.

Above is the article “What rights do authors who are not concurrently copyright holders have as prescribed by law?”. We hope this article is useful to you.

Copyright for a work is a type of intellectual property, including moral rights and property rights. According to Article 115 of the Civil Code 2015, property rights are rights that can be valued in money, including property rights to intellectual property rights, land use rights, and other property rights. Copyright can be transferred and become an inheritance, including property rights and certain moral rights. Because copyright is tied to the name and author himself, not all moral rights are transferred to the heirs. Therefore, what rights will the copyright heir inherit? In the following article “What rights do the heirs of copyright have according to the law?”, we will clarify.

1. Copyright

According to Clause 2, Article 4 of the Intellectual Property Law, copyright is the right of organizations and individuals to works they create or own. 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, and father, registered or unregistered. According to Article 18 of the Intellectual Property Law, the copyright for works specified in the Intellectual Property Law includes personal rights and property rights.

2. Heirs of copyright

A copyright heir is a person who is entitled to the author’s property rights and part of the personal rights according to the law according to the line of inheritance allowed by the author through a will legally stipulated in the Civil Code 2015. Accordingly, beneficiaries of the right to inherit copyright are determined to be individuals and organizations. However, organizations can only inherit copyright in the form of a final will.

3. Rights of copyright heirs

Under Article 40 of the Intellectual Property Law, organizations and individuals that inherit copyright 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 the Intellectual Property Law. As the owner of copyright, the heir has the following rights:

• Personal rights

The copyright holder has the right to publish the work and to allow others to publish the work. The reason copyright heirs enjoy these moral rights is because these are moral rights but have economic value. The right to publish or allow others to publish a work is also directly related to the exploitation of economic benefits from the work and is a premise for the subject to be able to exercise property rights such as performing, copying, publishing copy, distributing, communicating… works. It is associated more with economic factors and assets than with personal factors, honor, and reputation of the individual. When organizations or individuals exploit and use this right, they must ask for permission and pay the copyright owner royalties, remunerations, and other material benefits. In this case is the copyright heir.

• Property rights
  • Making derivative works, whereby derivative works are works translated from one language to another, works of adaptation, adaptation, translation, compilation, annotation, selection;
  • Performing the work to the public, specifically the copyright heir performing the work directly or through audio or video recording programs or any other technical means accessible to the 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.

4. Ways to deal with heirs’ copyright infringement

In case of copyright infringement, the heir who is the copyright owner can take the following measures:

• When discovering that their rights have been violated, the heir needs to notify and warn the individual or organization that has infringed and request an immediate stop of the infringement.

• In case the above solution cannot be resolved, the heir can sue the violating individual or organization to the Court according to civil proceedings.

• Contact individuals/organizations providing legal services for support and advice on how to resolve the issue.

Above is the article “What rights do the heirs of copyright have according to the law?“. We hope this article is useful to you.

The copyright industry is increasingly developing, the works created not only bring spiritual values to society but also bring economic benefits. Authors and copyright owners need to understand the basic content of copyright law to be able to protect their rights. Therefore, Contents of copyright under Vietnam’s Intellectual Property Law

I. What is copyright?

1. Concept of copyright

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

Therefore, copyright includes the specific rights that the law gives to the author or owner of a work to name the work, have a real name or pseudonym on the work, and to have a real name or pen name mentioned on the work name when the work is published or used; Copying, adapting transmitting, or disseminating a work to the public by allowing others to participate in the process of exploiting the work.

2. Characteristics of copyright

• First, the object of copyright is the product of spiritual creative activity, protected regardless of content value and artistic value.

• Second, copyright tends to protect the form of expression of a work, not creative ideas.

• Third, the form of establishing rights under the automatic protection mechanism.

• Fourth, copyright is not protected absolutely.

II. Copyright content according to the current Intellectual Property Law.

Article 18 of the Intellectual Property Law stipulates: “Copyright rights to works specified in this Law include personal rights and property rights.” Meanwhile, it can be seen that copyright includes moral rights and property rights.

1. Moral rights

• Right to name the work: The name of the work partly represents the personal impression and creative personality. Above all, the work is the spiritual creation of the author, so the naming right is always attached to the author and not can be transferred to another person. However, this right does not apply to works translated from one language to another.
• Right to have the author’s name on the work: the author and co-authors are the subjects allowed to have their names on the work. This regulation is intended to better ensure the rights of co-authors regarding the results of their intellectual labor.

• The right to publish a work or allow others to publish a work: is the release of a work to the public in a reasonable number of copies to meet public demand depending on the nature of the work, granted by the author. or performed by the copyright owner or by another individual or organization with the consent of the author or copyright owner. Publication of a work does not include the performance of a theatrical, cinematic, or musical work; reading in public a literary work; broadcasting of literary and artistic works; display of visual works; Construction works from architectural works.

• The right to protect the integrity of the work and not allow others to edit or cut the work in any form that harms the author’s honor and reputation: is the right to not allow others to edit or cut the work. rip works or repair or upgrade computer programs unless otherwise agreed by the author. However, technical modifications when presenting a work that does not affect the content, ideology, or form of expression of the work do not require the author’s permission and do not violate the rights of the author. protect the integrity of the work.

2. Property rights

• Right to make derivative works: When exploiting and using the right to make derivative works, organizations and individuals must obtain permission from the copyright owner and pay royalties and other material benefits (if applicable) to the copyright owner, except for the exceptions specified in Clause 3, Article 20, Articles 25, 25a, 26, 32, and 33 of the Intellectual Property Law amended and supplemented in 2022. In the case of creating derivative works that affect moral rights specified in Clause 4, Article 19, the author’s written consent is also required.

• Right to perform a work in public: is the right of the copyright owner to exclusively perform or allow others to perform the work directly or through audio or video recordings or any other What technical means are accessible to the public?

• The right to copy a work: the right of the copyright owner to exclusively make or authorize others to make copies of the work in any means or form, including the creation of copies in electronic form.

• The right to distribute or import originals or copies of works: is what the copyright owner does or allows others to do in any form or technical means accessible to the public to sell, rent, or otherwise transfer originals or copies of works.

• Right to communicate works to the public: the right of the copyright owner to make or allow others to make the work or copies of the work available to the public through certain technical means.

• Right to rent originals or copies of cinematographic works and computer programs: To exploit economic efficiency, copyright owners can lease originals or copies of works to others for exploitation and limited use.

Above is the article “Copyright Content under Vietnam Intellectual Property Law”. We hope this article is useful to you.

Authors and copyright owners may encounter a myriad of difficulties when exploiting the economic aspect of copyright due to not fully understanding intellectual property law and limited resources. Managing and monitoring copyright rights is not easy and requires professionalism and experience. Meanwhile, a copyright consulting and service organization will help optimize the time and benefits to protect and manage the copyright rights of authors and owners.

Directly managing one’s copyright rights by each individual is not the most convenient or effective form in the era of the thriving entertainment and copyright industries. Specifically, the complexity and inconvenience are shown in the following aspects:

• Firstly, for the authors, it will not be convenient for the authors to negotiate a contract to transfer usage rights to those who want to exploit the work because they have to personally contact and negotiate with each individual. Organize the exploitation of the use of the work in each specific case. Besides, the author also does not have enough ability and resources to control whether others use his work or not, or use it for the right purpose, especially in the online environment. Even when a dispute occurs, authors easily fall into a difficult situation because they have to protect their rights alone against large companies. Additionally, when broadcasting, for example, or posting works on the internet, there is no way for each user to compensate each author, creator, or rights holder each time a work is published. product accessed or enjoyed.

• Secondly, those who want to exploit the work will have to spend a lot of time and effort to find the author and negotiate for the author to allow them to use the work, especially when they need to use many works by different authors at the same time. This will make the work more likely to drag on, take a lot of manpower to perform, and not meet actual work needs.

For the above reasons, organizations must act as intermediaries between the author and those who wish to exploit the work. A copyright consulting and service organization will help both parties save time, effort, and human resources to cooperate, and at the same time help the author easily control the usage situation exploit the works of the exploiting parties, and accompany the author in protecting the author’s legitimate rights and interests.

With a team of experienced legal experts, Vietnam Copyright Development Joint Stock Company, as one of the first copyright consulting and service organizations in Vietnam, is a bridge for cooperation between authors and those who exploit the work. We are confident in supporting customers with issues in the field of copyright, always accompanying and helping authors in the process of managing and exploiting works. With the motto of always protecting the legitimate rights and interests of customers, we ensure to support customers and carry out work in the fastest, most timely, and most effective way. We promise to regularly report progress work as well as provide a next action plan so that Customers can easily monitor and evaluate work results. Customers can completely trust and feel secure when using the services of Vietnamese Copyright.

Above is the article “What are the benefits when authorizing copyright management for a copyright consulting or service organization?“. We hope this article is useful to you.

In case you encounter problems surrounding copyright or related rights, where do you usually turn for help? A law firm or a copyright company? Regardless of the company, the presence of the consulting and copyright service organizations mentioned above will help you. Therefore, Who can be a copyright consulting or service organization?

1. What is a copyright and related rights consulting and service organization?

Vietnam’s Intellectual Property Law does not stipulate the concept of consulting organizations, copyright services, and related rights, but is only determined through the scope of the organization’s activities. However, to become a consulting, copyright, and related rights service organization must meet certain conditions. According to Article 57 of the Intellectual Property Law, consulting organizations, copyright, and related rights services are the following organizations:

“1. Copyright and related rights consulting and service organizations are established and operated by the law.

2. Copyright and related rights consulting and service organizations carry out the following activities at the request of authors, copyright owners, and related rights owners:

a) Consulting on issues related to legal regulations on copyright and related rights;

b) Representing the author, copyright owner, and related rights owner to carry out procedures for submitting applications for registration of copyright and related rights according to authorization;

c) Participate in other legal relations on copyright and related rights, protect the rights and legitimate interests of authors, copyright owners, and related rights owners under authorization.”

To further clarify the above factors, Decree 17/2023/ND-CP was issued, which clearly defines the types of organizations that qualify to be considered copyright consulting and service organizations. Copyright, related rights, and state management mechanisms applied to consulting organizations, copyright, and related rights services.

2. Conditions to become a copyright and related rights consulting and service organization

According to Article 55 of Decree 17/2023/ND-CP, copyright, and related rights consulting and service organizations specified in Clause 1, Article 57 of the Intellectual Property Law include:

• Enterprises are established and operate according to the law on enterprises;
• Cooperatives and cooperative unions are established and operate according to the law on cooperatives;

• Business unit;

• Law-practicing organizations are established and operate according to the law on lawyers, except for branches of foreign law-practicing organizations, limited liability law firms with one hundred percent foreign capital, and private law companies. Limited liability law in the form of a joint venture between a Vietnamese law-practicing organization and a foreign law-practicing organization.

In addition, to become a consulting and service organization for copyright and related rights, the heads of organizations and individuals engaged in consulting and providing services for copyright and related rights in the organization must meet the following requirements: fully meet the following conditions (According to Clause 2, Article 55 of Decree 17/2023/ND-CP):

• Be a Vietnamese citizen, have full civil act capacity;

• Permanent residence in Vietnam;

• Have a university degree majoring in law.

3. State management mechanism for consulting organizations, copyright services, and related rights (Article 55 of Decree 17/2023/ND-CP Clauses 3, 4, 5, 6 and 7)

The state records copyright and related rights consulting and service organizations, specifically the specialized state management agency on copyright and related rights of the Ministry of Culture, Sports, and Tourism. Tourism (Copyright Department) will be recorded as a copyright and related rights consulting and service organization in the National Register of copyright and related rights consulting and services and published on the Internet. Electronic information page on copyright and related rights at the request of that organization after being considered and approved of the recognition request. Branches and other dependent units of organizations that meet all conditions may only do business in consulting, copyright services, and related rights in the name of the organization they belong to.

If a consulting, copyright, and related rights service organization (i) abandons or terminates the copyright and related rights consulting and service business; or (ii) that organization no longer fully meets the conditions prescribed in Clause 1, Article 57 of the Intellectual Property Law and Clause 2, Article 55 of Decree 17/2023/ND-CP as stated, then the managing agency shall The agency will delete the name of the consulting organization, copyright services, and related rights in the National Register of consulting, copyright services, and related rights. Name deletion will be announced on the copyright and related rights website.

On the other hand, organizations and individuals have the right to request the specialized state management agency on copyright and related rights of the Ministry of Culture, Sports and Tourism to delete the name of the copyright consulting and service organization, and related rights if there are enough grounds to confirm that the organization is no longer qualified to do business in consulting, copyright services, or related rights.

In addition, in case there is a change related to the information of a consulting organization, copyright service, or related rights, this organization must send a written notification of the changed content to the specialized management agency. State management on copyright and related rights of the Ministry of Culture, Sports and Tourism.

In addition, consulting and service organizations on copyright and related rights must implement a reporting and information regime for specialized state management agencies on copyright and related rights of the Ministry of Culture, Sports and Tourism annually or unexpectedly on consulting activities, copyright, and related rights services.

Above is the article “Who can be a copyright consulting or service organization?”. Hope this article is useful to you.