Author: Editor VCD

An interview is not just informational content but can also become intellectual property protected by law. So can an interview be copyrighted? In this article, VCD will answer in detail, guide you on how to register and what to note to best protect your work.

What subjects does an interview belong to in intellectual property law?

According to the provisions of the Vietnamese Intellectual Property Law, journalistic works, including articles, interviews, reports, and narratives, can be protected by copyright if they meet certain conditions.

Article 14 of the 2022 Intellectual Property Law clearly states: “Journalistic works are works published by press agencies or posted on media, including articles, interviews, reports, news, press photos, videos, and other works.”

Thus, an interview is a type of journalistic work, which means that it can be copyrighted if it satisfies the conditions of the law.

Conditions for an interview to be protected by copyright

Not every interview is protected. According to the law, an interview must meet the following basic conditions:

• Creativity: The interview must bear the personal mark of the interviewer. This includes: Unique and creative way of asking questions; way of arranging and presenting information, leading the content attractively; writing style or voice of the author. If the interview is just a verbatim recording of the interviewee’s answers without any creative contribution, then the creative part of the article is protected, while the purely information part is not considered the subject of protection.

• Specific form of expression: Copyright only protects the form of expression, not the idea or pure information content. For example: The questions and the way the interview is edited into a unique article will be protected; The content of the interviewee’s answers (if they are events or objective information) will not be protected if there is no creative element.

• Clear author: The person conducting the interview must be clearly identified. This means that the interviewer is the copyright owner, not the interviewee, unless otherwise agreed.

Can an interview be registered for copyright?

An interview can be registered for copyright protection, but under certain conditions. According to Article 22 of Decree 22/2018/ND-CP, journalistic works can be registered for copyright at the Vietnam Copyright Office.

When registering for protection of an interview, the author needs to prepare:

• Copyright registration form according to the form.

• Copy of the work: Including written, audio or video interviews.

• Documents proving copyright (if necessary): Labor contract, power of attorney, or ownership confirmation document.

• Registration fee: About a few hundred thousand VND (according to current regulations).

After registration, the author will receive a Copyright Registration Certificate, which helps:

• Legal protection in case of disputes.

• Affirming ownership of the work.

• Easily licensing, transferring or commercializing the interview.

Important notes when registering copyright for an interview

When registering copyright for an interview, it is not only necessary to understand the procedures but also to pay attention to some important factors to ensure legal rights and avoid the risk of future disputes.

• Consent of the interviewee: If the interview contains sensitive content or personal information, the author should have the written consent of the interviewee. This avoids the risk of litigation related to privacy or honor.

• Unprotected information: As mentioned, answers, objective information, data, and events are not protected. Only the creative part of the article can be registered. Therefore, when a dispute occurs, it is necessary to clearly distinguish between creative content and factual information.

• Time of registration: The law recommends registration before public announcement. Although copyright is automatically formed when the work is created, registration will be important legal evidence in case of a dispute.

• Copyright of video or audio recording: If the interview is filmed or recorded, video and audio are also separately protected. In this case, the author can register: Copyright of the article, copyright of the audio/video recording.

Above is basic information about “Can an interview be registered for protection“, helping you understand the conditions, procedures, and important notes when registering copyright. Understanding these regulations will help protect intellectual property rights, affirm creative value and avoid legal disputes during the process of exploiting, publishing or sharing works.

Sincerely,

FAQ

Re-performing a famous play seems to be just a normal artistic activity, but in fact it is directly related to copyright and performance rights. So, do you need permission to re-perform a play, and who do you need permission from? Let’s find out more details with VCD in the article below.

What is a play?

A play is a work of theatrical art built on the basis of a literary script, expressed through the performance of actors, dialogue, gestures, music, lighting and stage set. Dramatic works can be spoken drama, cheo, tuong, cai luong, puppetry, musicals, physical drama, etc.

According to Article 11 of Decree 22/2018/ND-CP, theatrical works are a type of performing art work, protected by copyright law. This means that every play, whether classical or contemporary, is protected from unauthorized copying, performance or exploitation.

A play is not only the result of an artistic creation but also a valuable intellectual property. Therefore, when organizing a performance, re-enactment or re-exploitation of a play, the performer needs to clearly understand copyright rights and obligations to avoid violating the law.

Do you need permission to re-perform a play?

According to Article 20 of the 2022 Law on Intellectual Property, the author or copyright owner has the right to:

• Allow others to perform the work in public;

• Allow the adaptation, modification or re-enactment of the work;

• Receive royalties, remuneration or material benefits when the work is exploited.

Therefore, re-performing a play without permission is an act of copyright infringement. Whether you keep the content or just “borrow the idea”, that action still needs the approval of the copyright owner.

However, there are cases where permission is not necessary:

• If the play has expired (50 years after the author’s death), the work becomes public property, you do not need permission but must still clearly state the author’s name and must not distort the content.

• If you perform non-commercially (only for study, research, no fee, no recording for release), you may be exempt from asking for permission but must cite the source and respect the original work.

For example: A group of students re-enact Romeo and Juliet for a school performance competition. If they do not sell tickets, do not make a profit, and only perform internally, they may not need permission, but if they post it on social networks or perform for tickets, it will be a public performance and must be permitted by the copyright owner.

Whom do you need permission from when you want to perform a play again?

To perform legally, the organizer needs to ask permission from the copyright owner. Specifically, you can contact the following entities:

• The author of the script (if still alive);

• The author’s legal heir;

• The organization, theater or copyright holder (if the author has transferred the rights);

• Or the Vietnam Center for Theatre Copyright (VCPAA) – the authorized representative of many authors and theatre units.

Applications for permission to re-perform a play usually include:

• Title of the work, name of the author, script to be performed;

• Scope, time, location of performance;

• Purpose of use (commercial or non-commercial performance);

• Agreement on royalties, remuneration or copyright fees;

• Commitment not to modify or distort the original work.

Permission should be made in writing (contract, license, confirmation email, etc.) to have a legal basis if a dispute arises later.

Risks of re-performing a play without permission

Many amateur theater groups, students, or performance organizers think that “just performing for fun, not charging money” is okay. But in reality, re-performing a play without permission can still be considered copyright infringement according to Article 28 of the 2022 Intellectual Property Law.

Risks that may be encountered if re-performing a play without permission include:

• Being administratively sanctioned: According to Decree 131/2013/ND-CP, the act of using or performing a work without permission can be fined from 15 to 35 million VND. In addition, violators are also: forced to stop performing or remove infringing videos and clips; forced to apologize and make public corrections; forced to return all revenue from the performance.

• Being sued in civil court: Copyright owners can file a lawsuit to request compensation for damages (including material and mental losses). In some cases, they are also required to pay many times the copyright fee if they intentionally violate.

• Damage to reputation and honor: In addition to legal damages, being discovered to “perform illegally” or “illegally create famous scripts” can cause the performance unit to lose reputation, affect the image of the individual, the theater troupe and future cooperation opportunities.

Above are all the answers to the question “Do you need permission to re-perform a play?” that VCD shares with you. Before re-enacting or re-performing any theatrical work, check the protection period and ask permission from the copyright owner to ensure all activities are legal and transparent.

Sincerely,

FAQ