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Why do some copyright cases take longer than the statutory time limit?

Why do some copyright cases take longer than the statutory time limit?

Written by Editor VCD on . Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Why do some copyright cases take longer than the statutory time limit?

Copyright registration is a procedure to record and protect the legal rights and interests of organizations and individuals in relation to works. The law has prescribed a time limit for processing applications to ensure transparency and efficiency in state management. However, in reality, there are still cases where applications take longer than the statutory time limit. So, why do some copyright applications take longer to process than the statutory time limit? The following VCD article will help you.

1Overview of copyright

Copyright is the right of an organization or individual to a work they create or own. This right arises automatically from the time the work is created and expressed in a certain material form.

Copyright registration is not a condition for the creation of rights, but it is an important legal basis to prove the rights to the work when a dispute occurs. The Certificate of Copyright Registration issued by a competent state agency is evidence establishing the connection between the work and the right holder, facilitating the protection and commercial exploitation of copyright.

 Legal regulations on the time limit for processing copyright registration applications

Regarding the administrative time limit, the Law on Intellectual Property stipulates: within 15 working days from the date of receiving a valid application, the state management agency is responsible for issuing a Certificate of Copyright Registration.

At the same time, guiding documents, decrees and public service portals further describe the practical process consisting of two stages: (i) reviewing, classifying, and considering the validity of the application (receiving and assessing stage) which is usually carried out within 01 month from the date of receiving the application according to the current administrative process; and (ii) assessing the content and issuing the Certificate within 15 working days from the date the application is determined to be valid.

Therefore, the total time “from application submission to obtaining a certificate” in practice is often longer than 15 working days due to the initial review step. These regulations are stated in the Intellectual Property Law and Decree 17/2023/ND-CP, along with information on the Public Service Portal of the Ministry of Culture, Sports and Tourism.

Reasons why some applications take longer to process than the statutory time limit

The initial application is invalid or missing/unclear

According to Article 50 of the Intellectual Property Law and instructions on the application form: The Law requires the application form to be completed completely, in the correct form, and with mandatory information (name of the applicant, name of the author, summary of the work, origin, time, form of publication, commitment of responsibility, etc.). If the application lacks identification, documents proving ownership, copies of works, or the declaration is not clear, the receiving agency will request additional information, return the application, or request an explanation – this additional information process will prolong the actual processing time. Therefore, “15 working days” only applies from the date the application is determined to be valid; the time for the application to reach that status may be extended depending on the level of deficiencies.

The actual time for the review and appraisal stage

Many guidance documents and the Public Service Portal clearly state that the procedure includes the step of “reviewing, classifying, and considering validity” with a time limit of about 01 month from the date of application submission. This stage is to filter out applications that are incorrect in form, duplicate, or need to be forwarded; therefore, even if the application is finally determined to be valid, the total time from application submission to granting the certificate usually includes the initial review time. This explains why many law and service organizations estimate the actual total time to be ~45–60 days in practice.

Files with complex elements of rights subjects (co-authorship, assignment, change of ownership, derivative works)

When the file involves multiple subjects (co-creation), internal disputes, or when the origin of the work needs to be verified (e.g., derivative works, previous assignment of rights), the appraisal agency must collect and compare documents, and may require the parties to provide contracts/authorizations, leading to a longer appraisal time compared to simple files. These situations also easily lead to requests for external verification (e.g., contacting foreign organizations and authors), resulting in a longer processing time.

Volume of applications, capacity and internal issues of the receiving agency

During peak periods (e.g. after policy changes, registration incentive programs, or when there are many applications from online services), the workload increases dramatically. As a result, the actual processing time increases due to human resources, holidays, or technical problems (online receiving system). Information on the process and implementation time is announced by the Department/Ministry but does not force the agency to issue an immediate grant in all situations if there is still a request for review.

The above is the article “Why do some copyright applications take longer to process than the statutory time limit?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

  1. Question 1: Why is it necessary to register copyright even though the rights arise automatically?


    Answer: Copyright arises as soon as the work is created and expressed in a certain material form. However, the Copyright Registration Certificate is an important legal evidence proving ownership in case of dispute, and at the same time facilitating the exploitation, transfer of rights and protection of the legitimate rights of the right holder.

  2. Question 2: Why are some copyright registration applications processed longer than the statutory time limit?

    Answer: The 15-working-day period is only calculated from the time the application is determined to be valid. In reality, many applications require additional information, explanations or further verification of the subject and origin of the work; in addition, the large volume of processing or technical factors that arise also cause the processing time to be longer than the statutory time limit.

Online copyright registration and direct application submission – what is the difference?

Online copyright registration and direct application submission – what is the difference?

Written by Editor VCD on . Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Online copyright registration and direct application submission – what is the difference?

In an era where creative products are increasingly valuable economically, every author wants his work to be firmly protected against the risk of being copied and used illegally. Copyright registration is an important legal tool to record ownership and strengthen evidence in case of disputes. However, choosing between direct filing or online registration makes many people wonder: which form is more convenient, what are the differences in the process, risks and efficiency of processing documents? VCD’s article below will help you.

Overview of copyright registration.

Copyright registration is an administrative procedure carried out at the Copyright Office to record the legal ownership of the author or owner of the work. According to the provisions of Article 6 and Article 49 of the Intellectual Property Law 2005 (amended and supplemented in 2022), copyright arises automatically from the time the work is created and expressed in a certain form. However, the Copyright Registration Certificate is important legal evidence, helping to clearly establish the time of arising of rights and the subject of rights in civil and commercial transactions as well as in the process of dispute resolution.

Registration is not a mandatory condition for a work to be protected, but it is an effective measure to strengthen evidence, protect the rights and legitimate interests of authors and owners when disputes, complaints or handling of copyright infringement occur.

Online copyright registration and direct application submission – what is the difference?

What is the difference between online copyright registration and direct submission?

Differences in the way of submitting documents

According to Article 39 of Decree 17/2023/ND-CP, applicants can choose to submit online via the Public Service Portal or submit directly to the Copyright Office and representative offices. However, the specificity of the copyright registration procedure is that regardless of the method of submission, applicants must create an electronic profile on the Public Service Portal to be granted a profile code, then submit a paper copy with the profile code for the Office to receive and process.

For online submission:

The applicant completes the electronic declaration, downloads the soft copy of the work, and downloads the original scans of the standard hard documents of a set of documents. After submitting a complete and valid application, the applicant will receive a file code and send the entire paper file by post. The Copyright Office will only process the application from the time the paper file is received.

For direct submission:

After declaring the application online and receiving the file code, the applicant prepares the paper file and submits it directly to the receiving agency. Direct submission facilitates the preliminary examination of the application and limits errors.

Differences in convenience and risk in the application submission process

In terms of convenience, the online submission method allows organizations and individuals living far away to proactively submit their applications without having to go directly to the receiving agency, thereby saving travel time and travel costs. However, the specificity of electronic filing is that all data files must be in the correct format, clear and complete. Any errors related to the electronic declaration, work sample or documents proving ownership may lead to requests for amendments or supplements to the dossier. Because the exchange with the receiving agency is mainly through the online system or by post.

On the contrary, the direct submission form provides more certainty and limits risks. The dossier is checked by the receiving officer at the time of submission, helping to detect early errors in the declaration, supporting documents or work sample. Thanks to that, the applicant can make timely adjustments, ensuring that the dossier is received validly and shortening the processing time.

Benefits of copyright registration

Creating clear legal evidence

The copyright registration certificate is an important basis in proving the time of establishing rights and the owner of the rights. In case of a dispute, this certificate is valuable as strong evidence according to the provisions of Article 198 and Article 203 of the IP Law, helping to shorten the process of proving and protecting the rights of the owner.

Convenient in exploiting and transferring rights

Works that have been granted a Certificate create favorable conditions for licensing, transferring, valuing intellectual property and conducting commercial transactions. This is especially necessary for businesses that own works of economic value.

Enhancing reputation and protecting the brand

Copyright registration helps businesses build a solid legal system, enhance reputation in partnerships, and limit the risk of being copied, appropriated or illegally registered.

Basis for effective handling of infringement

When an infringement occurs such as unauthorized copying, use, modification or dissemination of a work, the registered owner has the right to request administrative, civil or criminal measures under Articles 212–214 of the IP Law. The certificate helps the competent authority quickly verify the rights and handle the infringement.

Above is the article “Online copyright registration and direct application submission – what is the difference?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

  1. Why is submitting copyright applications online considered convenient but potentially riskier?

    Submitting online allows authors and businesses to carry out procedures remotely, saving time and travel costs. However, all electronic documents must ensure correct format, clear content and complete documents according to regulations. Just a small error in the declaration, work sample or supporting documents will require the application to be revised or supplemented. Exchange via the online system and the process of sending hard copies by post also prolongs the processing time and potentially risks losing the application.

  2. What are the advantages of submitting applications directly compared to online submission?

    When submitting directly, all documents are checked right at the reception counter, helping to promptly detect errors and allowing the applicant to make adjustments on the same day. This significantly reduces the risk of the application being delayed or returned. The direct form is especially suitable for applications that need to be processed quickly, require high accuracy or for organizations and individuals who want to ensure that their application is received completely and correctly from the beginning.

Do I need permission from the owner to make a reaction video?

Do I need permission from the owner to make a reaction video?

Written by Editor VCD on . Posted in Announcement, Cinematographic work, Copyright Registration, Musical work. No Comments on Do I need permission from the owner to make a reaction video?

Reaction videos are becoming a strong trend on all social media platforms. However, reusing part of original content such as movies, music or videos of others always makes many content creators wonder: Do you need permission from the owner to make a reaction video? Is just “commenting more” considered legal, or is there still a risk of copyright claims? In this article “Do I need permission from the owner to make a reaction video?” , VCD will help you understand the legal regulations, cases where permission is required and how to make reactions safely to avoid risks.

What is a reaction video? Why is it often copyrighted?

A reaction video is a type of video in which the content creator watches, reacts, analyzes or gives personal opinions about a video, music, movie trailer, product or any content owned by someone else.

Although it is only “watching and commenting”, reactions often reuse images – sounds – videos of the original work, and these elements are all protected under the Intellectual Property Law 2022.

Therefore, if the person making the reaction video reuses a video, movie scene, background music… without permission, the video is easily copyrighted and causes related consequences.

  • Block the video in some countries or worldwide.
  • Report copyright infringement.
  • File a complaint or civil lawsuit if requested by the owner.

In short, reaction videos are a high-risk form of content if the law is not properly understood.

Do I need permission from the owner to make a reaction video?

Do you need permission from the owner to make a reaction video?

According to Articles 20 and 28 of the Intellectual Property Law 2022, the author or owner of a work has full control over the exploitation of his or her work. These rights include:

  • The right to copy the work in any form;
  • The right to distribute copies to the market;
  • The right to communicate the work to the public, including publishing on digital platforms such as YouTube, TikTok, Facebook;
  • The right to create derivative works, such as editing, modifying, cutting or transforming the original work into another form.

When you create a reaction video, you essentially reuse all or part of the original work (for example, music videos, movie trailers, review videos, TV shows, etc.). Inserting the original video or audio into a reaction clip and posting it on a social media platform is considered copying and communicating to the public, two rights that belong exclusively to the author/owner of the work.

This means that any unauthorized use can be considered copyright infringement, whether you only use it for a few dozen seconds, have cited the source, or simply “react for fun”.

Many people still mistakenly believe that reactions “do not affect the original” or “are of a commentary nature”, so they do not need permission. However, current Vietnamese law does not have a separate provision that gives priority to reaction content. As long as you reuse a copyrighted work and post it publicly, in principle you must ask for permission or be allowed to use it by the owner.

How to ask for permission to make a reaction video (simple & feasible)

To make a reaction video professionally and legally, asking for permission from the original work owner is almost a mandatory step, especially when you intend to monetize the content. The actual permission process is not too complicated if you follow the following 4 steps:

Step 1: Identify the owner

First, you need to know exactly who holds the rights to the work you want to react to.

Depending on the type of content, the owner can be:

  • Film studio or production company (for movie trailers, movie scenes);
  • Singer, management company, record label (for MV, song);
  • Game publisher (for game trailers, cinematic);
  • TV station or show producer (for reality shows, game shows).

If the content appears on YouTube, you can check the video description or the “Details” tab, which usually provides a contact email with the line “For copyright inquiry / Copyright contact”. This is the official address for you to send a request for permission.

Step 2: Send a request to use the work

After identifying the correct owner, you compose a clear and polite email requesting permission. The email content should include:

  • The work you want to use (song name, trailer, program episode …).
  • Scope of use: how many seconds, which part to use.
  • Purpose of use: create reaction videos, give comments, give feedback.
  • Form of exploitation: whether the video is monetized or not.
  • Commitment to compliance: Do not distort the original content; only use a small part; clearly cite the source; be ready to remove if the owner requests.
  • Some owners will require more: Written agreement; revenue sharing; send a demo before posting. Being proactive and clear will increase the likelihood of approval.

Step 3: Get feedback and save evidence

If the owner agrees, you should save the consent email as a PDF, take a screenshot of the confirmation message.

This is very important, because if the video is copyrighted, you can send evidence to appeal and keep your video intact. Even if they do not respond, the fact that you sent an email asking for permission also shows goodwill and can be a factor that helps you reduce the level of handling when a dispute occurs.

Step 4: Implement the reaction as committed

Even if you have permission, you still need to follow the basic principles to ensure that the video is not considered a copy of the content:

  • Only use the necessary part, avoid playing the whole or too long for the purpose of commenting.
  • Always add comments, analysis, personal evaluation, this is the factor that makes the video creative, not “copying the original content”.
  • Create new value for viewers, for example: analysis of camera angles, acting, meaning, technique, emotions…
  • Clearly state the source in the description or right in the video.

If you do not fulfill your commitment, the owner has the right to revoke the permission to use or request YouTube to remove the video.

The above are detailed analyses to help you understand whether or not you need permission from the owner to make a reaction video and how to comply with the law when creating content. If you need further support on copyright procedures or want to optimize the content for “copyright safety”, VCD is always ready to accompany you.

Sincerely,

FAQ

  1. 1. How many seconds from the original video is considered legal to use to make a reaction video?

    There is no legal provision allowing the use of “5 seconds”, “10 seconds” or any fixed duration. Any act of copying or quoting without permission and without ensuring the analysis and commentary elements that change the content is at risk of violating.

  2. 2. When should you ask for permission from the content owner before making a reaction video?

    Asking for permission before making a reaction video is always a safe choice, showing respect for the author or owner of the work. You should especially ask for permission when using copyrighted videos or data with a significant duration, little editing, or when the original content is exclusive and the owner sets regulations to limit exploitation and reuse.

Book Copyright Infringement - Latest Acts and Penalties

Book Copyright Infringement – Latest Acts and Penalties

Written by Editor VCD on . Posted in Announcement, Copyright Registration, Written works. No Comments on Book Copyright Infringement – Latest Acts and Penalties

Book copyright infringement is becoming more and more common, from piracy, PDF sharing to copying and posting content without permission. Many people do not know that these acts can be severely punished. So what are the violations? What is the latest penalty? The following article VCD will help you understand the regulations to use books legally and avoid risks.

What is book copyright? How are books protected?

According to Article 4 of the 2022 Intellectual Property Law, books are classified as literary works, and are protected by law from the moment the work is created and fixed in a certain material form (such as manuscripts, prints, PDFs, etc.). This means: works that do not need to be copyrighted are still automatically protected.

However, in reality, registering a book copyright is still extremely necessary, especially for authors, publishers or content business units, because it brings many clear benefits:

  • Is the strongest legal evidence when copyright disputes occur.
  • Clearly confirms the author, owner and time of creation, which is very important in the digital environment, where illegal copying is common.
  • Create a basis for protecting commercial exploitation rights, preventing illegal printing, distributing PDFs illegally, and adapting without permission…

According to the law, copyright for a book includes two main groups:

Personal rights:

Including rights attached to the author, which cannot be transferred:

  • Right to name the work
  • Right to use real name or pen name
  • Right to publish the work
  • Right to protect the integrity of the book, against editing that distorts the content

Property rights:

This is a group of rights that can be transferred, licensed, or commercially exploited, including:

  • Right to copy
  • Right to distribute copies
  • Right to publish
  • Right to translate into another language
  • Right to create derivative works (e.g., audiobooks, film adaptations, comics, etc.)
  • Right to communicate the work to the public (post online, release online, etc.)

Because property rights are exclusive rights, any individual or Any organization that uses a book without the owner’s permission, whether it is reprinting, scanning PDF, sharing online, quoting excessively, or adapting, can be considered a copyright infringement under Article 28 of the 2022 Intellectual Property Law.

Book Copyright Infringement - Latest Acts and Penalties

The most common acts of copyright infringement today

  • Illegal printing and photocopying of books: Photocopying entire books for sale, rental, or use in organizations is prohibited. This is an act that occurs frequently in photo shops, schools, and training centers. According to Article 28 of the 2022 Intellectual Property Law, copying a work without the owner’s consent is an infringement.
  • Sharing PDF books on social networks, Drive, and websites: Scanning or uploading pirated PDF files to websites and social networks is an act of “communicating a work to the public” – an exclusive property right of the owner.
  • Quoting too long without permission: You are allowed to quote if it is used for research and teaching purposes; Quote appropriately, do not distort the author’s ideas and clearly state the source. If you quote a chapter, a large part of the content or adapt it for commercial use, it is a violation.
  • Review books but read almost the entire content: Some YouTube channels review books but read each chapter in detail, summarize the entire content, which is considered an unauthorized derivative work if they do not ask for permission from the author/publisher.
  • Adapt books into audio or video without permission: Article 20 of the Intellectual Property Law stipulates that derivative works such as audio books, video summaries, and adaptations must have the consent of the owner.

Latest fines for book copyright infringement (Updated 2025)

According to Decree 17/2023/ND-CP, the fines for book copyright infringement are currently divided differently depending on the severity:

  • Administrative fines: Fines of 10 – 250 million VND, depending on the act such as illegal copying; distributing and selling pirated books; unauthorized adaptation, translation; transmission of works on the internet.
  • Additional measures: Confiscation of exhibits (printed copies, PDF files, equipment), forced removal of infringing files on the internet, forced destruction of pirated books.
  • Civil liability: Authors/publishers have the right to request compensation for damages (from several million to hundreds of millions), public apology, and termination of the violation.
  • Criminal prosecution (if the violation is serious): According to Article 225 of the Penal Code, if large-scale piracy occurs, with high illegal profits, individuals can be fined 50-300 million VND or imprisoned for up to 3 years.

When can books be used without violating copyright?

Although books are strictly protected by copyright law, not all uses are considered violations. Intellectual Property Law allows users to exploit works in some exceptional cases, as long as it does not affect the legitimate rights and interests of the author/owner. Some permitted cases of use include:

  • Short quotes for commentary, teaching
  • Use for personal research purposes
  • Books whose protection period has expired (50 years after the author’s death)
  • Works subject to “fair use” under the law

The above is updated information on book copyright infringement, common acts and the latest penalties under the law. Hopefully, you have clearly understood how to use books properly to avoid risks and at the same time contribute to protecting the legitimate rights of authors, publishers and content creators.

Sincerely,

FAQ

  1. 1. What acts are considered book copyright infringement under current law?

    Violations include illegal copying, piracy, scanning and distributing PDFs, posting part or all of a book on the Internet without permission, adapting (audiobooks, comics, movies, etc.) without permission, arbitrarily reselling pirated copies, and altering the content of the work to distort the work. All are listed in Article 28 of the Intellectual Property Law 2022.

  2. 6. Can books that have expired be used freely? If so, how long does the protection last?

    After 50 years of the author’s death, the book will expire and fall into the public domain. At that time, any individual or organization can copy, republish, adapt or distribute without permission. However, you should still acknowledge the author’s name because this is a personal right that exists forever.

Instructions for registering copyright for character creation

Instructions for registering copyright for character creation

Written by Editor VCD on . Posted in Announcement, Copyright Registration, Fine art work and applied art work. No Comments on Instructions for registering copyright for character creation

In the era of explosive content creation, character creation is increasingly appearing in movies, comics, games, brand mascots, advertising and media. However, this also entails many risks of copying, plagiarism, and appropriation of ideas, especially when the work does not have a legal basis for protection. Therefore, registering copyright for character creation becomes an important step to protect the legitimate rights of authors and owners. In this article, VCD will provide detailed instructions on how to register for character creation.

What is character creation?

Character creation is the expression of shape, color, style, costume, expression, body proportion, personality through the creation of a character created by an individual or organization.

This image can appear in many forms:

  • Cartoon characters
  • Comic characters (manga, comic)
  • Game characters
  • Brand mascots
  • Characters in movies, TVCs
  • 2D, 3D models
  • Hand drawings, sketches, design files

According to the Vietnamese Intellectual Property Law, character creation is classified as a work of art, a visual work and is automatically protected by copyright as soon as it is created and expressed in a certain material form. However, to protect the character strongly and with clear legal value, copyright registration is especially important.

Why must copyright registration be registered for character creation?

Although the law does not require character image copyright registration, in reality, this brings many practical benefits:

  • Affirming legal ownership: A copyright certificate is the strongest legal evidence proving that the character belongs to you. This is essential in the event of a dispute or illegal copying.
  • Preventing plagiarism and appropriation: When a character is registered, any individual or business using the character’s image without permission can be prosecuted according to the law.
  • Increasing the commercial value of the character: A copyrighted character can be exploited for many purposes such as merchandise production; advertising, marketing; game development, animation, film; licensing of brand use. This helps the character become a valuable intellectual property.
  • Convenience in handling violations: When you have a certificate, you only need to send a request for handling or complaint to the authorities. Proof of ownership is almost absolute.
Instructions for registering copyright for character creation

Required documents to register copyright for character creation

A complete character creation copyright registration file includes the following documents:

  • Copyright registration form: According to the form of the Copyright Office (clearly stating information about the work, author, owner).
  • Copy of character creation: 02 color prints in A4 size; clear character image, full angles; if the character is 3D, photos from multiple angles should be added.
  • Author’s guarantee: Affirming that the work is created by the author himself, not copied from any source.
  • ID card/CCCD of the author and owner. If the owner is an organization, a copy of the Business Registration Certificate is required.
  • Documents proving ownership (Only required when the author and owner are different): Design rental contract; work assignment contract; decision on task assignment; Copyright transfer document
  • Co-author consent document (in case the work is created by multiple people).

A-Z guide to registering copyright for character creation

The process of registering copyright for character creation is simple, including 3 main steps:

Step 1: Prepare a complete application

A complete and clear application will help minimize the risk of being asked for additional information.

• Collect all documents according to section 3

• Print 02 copies of the character creation in color on A4 paper

• Check the accuracy of the information before submitting

Step 2: Submit the application to the Copyright Office

You can choose 1 of 3 methods to submit the application for character creation copyright registration:

• Submit directly to the Copyright Office (Hanoi)

• Submit at the representative office in Da Nang or Ho Chi Minh City

• Submit by post

After receiving, the Office will issue a receipt and record the date of submission to track the progress.

Step 3: The Office will conduct an appraisal and issue a Certificate

• If the application is valid, a Certificate of Copyright Registration will be issued.

• If the application is invalid, it will require additional information or corrections.

According to Article 52 of the Intellectual Property Law 2022, the time limit for granting a certificate is 15 working days from the date of receipt of a complete and valid application. However, in reality, the time limit for receiving a certificate may be 20-25 days.

Important notes when registering a copyright for character creation

When carrying out the copyright registration procedure for character creation, you need to remember the following important points to avoid making mistakes or prolonging the processing time of the application:

  • The application components are not always the same. If the character is not designed by you but is assigned to the company’s task, or created according to the customer’s order, you must add documents proving ownership of the work. These documents may include: design contract, assignment letter, minutes confirming the creation process… to ensure sufficient legal basis.
  • The description in the Application Form must be consistent with the character model. In the Application Form, the competent authority requires a clear description of the lines, shapes, layout, colors and style of the character’s design. Therefore, you need to describe in detail and accurately, avoiding information in the Application Form that is different from the attached sample – this may cause the application to be requested for supplementation.
  • Monitor the application throughout the processing. The Copyright Office may request corrections, explanations or additional documents. Continuously updating information will help you process quickly, limit the risk of the application being rejected and having to re-submit from the beginning, wasting unnecessary time and costs.

Above is the complete guide to registering copyright for character design to help you understand the process, documents and important notes to know before submitting the application. Copyright registration not only protects your creative work from the risk of unauthorized copying but also affirms your legal ownership of the character you have worked so hard to create.

FAQ

Sincerely,

  1. 1. Can you register copyright for multiple characters in one file?


    Yes, if the characters belong to the same work or a collection and are presented in a unified manner. However, to avoid risks, experts often recommend separating files with a large number of characters or too different shapes.

  2. 2. Can the author and owner of different character shapes be registered?

    Absolutely. In this case, the file needs to include the following documents:
    • Contract for assignment, order or transfer;
    • Confirmation from the owner agency/organization.
    This helps the Copyright Office determine exactly who holds the rights.

Registering copyright for film scripts

Registering copyright for film scripts

Written by Editor VCD on . Posted in Announcement, Copyright exploitation cooperation services, Written works. No Comments on Registering copyright for film scripts

Competition in the film industry is increasingly fierce, leading to the risk of plagiarism and copying of film scripts becoming more and more common. Therefore, registering copyright for film scripts is extremely important to protect the rights of screenwriters, producers and businesses. In the article below, VCD will fully guide you on how to register copyright for film scripts.

Why register copyright for film scripts?

According to the provisions of the law on Intellectual Property, the author is established with the right to the film script from the moment the work is created and expressed in any material form. This right does not depend on the content, quality, form of expression, means of creation, language used, as well as whether or not the script has been published, has or has not been registered. Therefore, copyright registration is not a mandatory procedure for film scripts.

However, to ensure the maximum legal rights and interests of authors and owners, especially in cases of infringement such as copying, plagiarism, appropriation of ideas, it is necessary to carry out copyright registration procedures. Here are the reasons why you should register copyright for your film script that you need to know:

  • Prove legal ownership in case of dispute: The copyright registration certificate is the strongest evidence proving that you are the owner of the script. If there is a dispute such as plagiarism, copying, or illegal use, the competent authority will give priority to the registered document.
  • Protect the script from copying and stealing ideas: In the film industry, duplicate ideas or illegally modified scripts are no longer uncommon. Once copyright is registered, any act of reusing the script without consent can be handled according to Article 28 of the Intellectual Property Law.
  • Increase credibility with partners, investors, and film studios: A copyrighted script demonstrates the author’s professionalism, helping you easily present your project to partners without worrying about your idea being “robbed”.
  • Basis for commercialization, transfer, and licensing: Once ownership has been established, you can sell the script, transfer film rights, license use, and franchise derivatives.
Registering copyright for film scripts

What does a film script copyright registration file include?

According to Decree 17/2023/ND-CP, a complete set of copyright registration files will include:

  • Copyright registration form: Application form according to the form of the Copyright Office, filled in with full information including author, copyright owner, script name, type of work, copyright commitment
  • 02 copies of the film script: The script must be printed and bound. You can stamp the edges (if you are an organization) or sign each page (if you are an individual), the more detailed the script is, the easier it is to prove ownership.
  • Documents proving ownership: If the author is also the owner, a CCCD/Passport is required. If the company is the owner, a contract for assigning work or transferring rights is required.
  • Power of attorney (if authorizing a service unit)
  • Documents proving the time of creation (if any): email exchanges, time-stamped manuscript files, creative diary.

Process for registering copyright for a film script

In order for the film script to be fully and legally protected, the author or owner must follow the copyright registration process according to regulations. Below are detailed steps to help you understand and easily implement this procedure.

Step 1: Complete the script and prepare the registration documents

The author or owner needs to prepare the film script in complete form and clearly present it on paper or file. At the same time, you need to prepare all the documents in the registration dossier such as: copyright registration declaration, copy of the script, guarantee letter, documents proving ownership… Careful preparation from the beginning will help minimize the need to supplement the dossier.

Step 2: Submit the dossier to the Copyright Office

After completion, the dossier is submitted directly to the Copyright Office, the representative offices of the Office or submitted by post. Upon receiving the dossier, the management agency will check the completeness, validity and record the date of submission. This is the basis for calculating the time limit for granting the certificate according to regulations.

Step 3: Appraisal of dossier and issuance of Certificate

The Copyright Office will review and appraise the contents of the dossier and compare it with legal regulations. If the application is valid, the agency will issue a Certificate of Copyright Registration for the film script. In case the application is incorrect or missing information, the Department will notify the applicant to supplement or edit before continuing the assessment.

Time to complete the registration of copyright for the film script

According to Article 52 of the Intellectual Property Law 2022, the time limit for issuing a Certificate of Copyright Registration is 15 working days from the date the Copyright Office receives a valid application. This is the time limit prescribed by law and is applied to all cases of copyright registration, including film scripts.

However, in reality, the processing time may be longer, usually 20-25 working days. The main reasons are:

  • The dossier is missing or needs to be supplemented or edited according to the requirements of the Copyright Office.
  • The number of dossiers submitted at peak times (end of the year, before major projects, etc.).
  • The time for comparing and checking the originality of the work may take longer than expected.
  • The process of sending dossiers (if submitted by post) may take a few more days.

The above is detailed information on copyright registration for film scripts. VCD hopes that this article has helped you understand the meaning of script protection and understand each step in the registration process, thereby proactively protecting your creative rights.

FQA

Sincerely,

  1. 1. Is it mandatory to register copyright for film scripts?

    Answer:
    No. According to the Intellectual Property Law, a film script is protected by copyright as soon as it is created and expressed in a material form. However, registration is still necessary because the Certificate will be important legal evidence in case of disputes, copying or plagiarism.

  2. 2. How long is the copyright protection period for a film script?

    Answer:
    A film script is a type of literary and artistic work. According to the Intellectual Property Law 2022, the protection period for personal rights (except the right to publication) is indefinite, while property rights are protected throughout the author’s life and the next 50 years after the author’s death. In the case of a work with co-authors, the protection period ends in the 50th year after the death of the last co-author.

Mascot Copyright Registration Guide

Mascot Copyright Registration Guide

Written by Editor VCD on . Posted in Announcement, Copyright Registration, Fine art work and applied art work. No Comments on Mascot Copyright Registration Guide

Mascot is not only a brand symbol but also a valuable intellectual property. Registering a mascot copyright not only protects ownership but also enhances brand value, creates competitive advantages and minimizes legal risks. In the article below, VCD will guide you on how to register a mascot copyright simply and accurately.

What is a mascot?

A mascot is an image or character that represents a brand, company, organization, or event. Mascots often have a recognizable shape, evoke positive emotions, and help create closeness with customers.

Mascots can be:

  • Cartoon characters: Like Pikachu from Pokémon, or represent a company.
  • Iconic animals: Like the WWF Panda or the Cadbury rabbit.
  • Fictional characters or superheroes: Created specifically to represent brand values.

The special feature of mascots is their ability to convey brand messages vividly and memorable, helping to increase brand recognition, create a difference in the market and promote effective marketing strategies.

Why is it necessary to register a mascot copyright?

Mascot is an important intellectual property of a business. Registering a mascot copyright brings many practical benefits:

2.1. Protecting intellectual property rights

Once a mascot has been copyrighted, you officially own the personal and property rights to that mascot. This means you have the right to: Control unauthorized copying or use of the mascot. Prevent competitors from using identical or confusingly similar mascots.

According to the Vietnamese Intellectual Property Law 2022, copyright is protected even if it is not registered, but the copyright registration certificate will be strong legal evidence in the event of a dispute.

2.2. Enhance brand value

A protected mascot will become a commercial asset. You can license the mascot for products, events, and advertisements. Feel free to use the mascot in marketing campaigns without worrying about being copied.

2.3. Minimize legal risks

If the mascot is not copyrighted, the business is at risk of being copied by a third party or having ownership disputes and losing time and money in litigation to protect the mascot. Copyright registration helps businesses avoid unnecessary legal risks.

Mascot Copyright Registration Guide.

3. Detailed instructions for mascot copyright registration

Mascot copyright registration in Vietnam is carried out according to the procedures of the Copyright Office (under the Ministry of Culture, Sports and Tourism). Below are the detailed steps:

3.1. Step 1 (Prepare documents)

A mascot copyright registration dossier must include:

  • Copyright registration application (According to the form provided by the Copyright Office).
  • Documents showing mascot: Images, illustrations, mascot drawings (Printed or electronic files). Detailed description of mascot: mascot name, identifying features, design ideas.
  • Documents proving the identity of the author: ID card/CCCD or business license (If the business is the owner).
  • Documents transferring rights (If another author is the creator of the mascot).

3.2. Step 2 (Submit application)

Applications can be submitted directly to the Copyright Office or sent by post. The current fee for registering a mascot copyright is about 50,000 – 100,000 VND, depending on the form of submission and scope of protection.

3.3. Step 3 (Copyright Office review)

The Office will check the legality, uniqueness, and completeness of the application. During the review process, additional information may be requested if the application is unclear. The appraisal time is usually from 15 to 30 working days.

3.4. Step 4 (Receive the Certificate of Copyright Registration)

If the application is valid, the Department will issue a Certificate of Copyright Registration for Mascot, confirming that you are the legal owner. The certificate has high legal value in protecting mascots, participating in business or copyright disputes.

Things to note when registering a mascot copyright

Here are some notes when registering a mascot copyright that not everyone knows:

  • Mascot must be an independent creation: The copyrighted mascot must be created by you or the design team. Do not register a mascot copied from a character, image, or mascot of a third party, otherwise it will be rejected.
  • The application must be complete and accurate: All information in the application must be accurate, including the mascot name, description, author, and proof of ownership. Mascot images should be saved in high quality, clear, and fully represent the identifying features.
  • Copyright exists automatically, but certification is important: By law, copyright arises as soon as the mascot is created, but certification will help you protect your rights in court or in the event of a dispute.
  • Update information when the mascot changes: If the mascot is edited, with additional shapes, colors, or ideas, you should re-register to protect the new version.
  • Archive records and documents: Archive all records, originals, and mascot copyright certificates carefully. This will be important evidence if a legal dispute arises or a third party copies the mascot.

Above are the most detailed and accurate instructions for registering a mascot copyright that VCD shares with you. Start registering a mascot copyright today to ensure that your character is always unique and protected by law.

Sincerely,

1. Is a mascot eligible for copyright registration under Vietnamese law?

Yes. Mascots (cartoon characters, iconic characters) are considered works of applied art under the Intellectual Property Law. As long as the mascot is created by you, not copied from another work and expressed in material form (design files, drawings, 3D …), it is fully eligible for copyright registration.

2. How long does it take to process and protect a mascot copyright?

Time to issue a certificate: About 12-15 working days from the date of submission of a valid application.
Protection validity:
Personal rights: protected forever.
Property rights (rights to copy, distribute, commercially exploit…): protected for the lifetime of the author and 50 years after the author’s death (according to the Law on Intellectual Property).

Are unregistered works protected in the event of a dispute?

Are unregistered works protected in the event of a dispute?

Written by Editor VCD on . Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Are unregistered works protected in the event of a dispute?

In the process of creating and exploiting a work, authors or businesses do not always complete the copyright registration procedure in time before bringing the work to market. Many intellectual products are widely shared, commercially exploited or publicly announced but do not yet have a Copyright Registration Certificate. This makes many people wonder: if a dispute arises, will unregistered works be protected by law? This is a familiar but easily misunderstood issue, especially when many people think that “if not registered, there is no protection”. The following “Are unregistered works protected in the event of a dispute?” VCD article will help you understand better.

What are unregistered works?

Unregistered works are works for which the author or owner has not submitted an application for registration to the Copyright Office and therefore has not been granted a Copyright Registration Certificate. Even if the work is not registered, if it has been created and expressed in a certain material form such as a handwritten manuscript, recording, design, music, image or electronic file, it is still considered a work according to the provisions of law.

Pursuant to Clause 1, Article 6 of the 2005 Law on Intellectual Property (amended and supplemented in 2022), copyright arises automatically from the moment the work is “expressed in a certain material form”, regardless of the registration procedure. Thus, not registering copyright does not cause the work to lose protection under Vietnamese law.

Thus, “not registered” does not mean “not protected”. The important thing is that the work must exist in a form that can be proven and have the author’s independent creative mark.

Are unregistered works protected in the event of a dispute?

Conditions for a work to be protected

A work, even if it has not been registered, is still protected if it meets the conditions under Articles 14 and 15 of the Law on Intellectual Property. First of all, the work must be directly created by the author, not copied from another person’s work. The work must also be expressed in a specific form, meaning it can be recognized, copied or stored by some means; pure ideas that have not been expressed are not protected.

In addition, the work must belong to the group of objects protected by law such as literary, musical, artistic, photographic, architectural, applied fine arts, computer programs, etc. At the same time, the work must not fall into the exclusion cases under Article 15, such as pure news or legal documents. Only when these conditions are met, will the work be considered to have protection value, even if it has not been registered.

Are unregistered works protected in the event of a dispute?

When a dispute arises, unregistered works are still fully protected by law under Article 198 of the IP Law, including the right to request the termination of the infringement, the right to request compensation for damages, and the right to request the State agency to handle the violation. However, the biggest difference compared to registered works lies in the burden of proof.

Due to the lack of a Copyright Registration Certificate – which is considered legal evidence under Article 49 of the IP Law, the author must provide the basis to prove the copyright and the time of creation. Evidence may include the original manuscript, original design file, editing history, email exchanges, audio recordings, sketches or digital evidence proving the time of creation. The assessment of evidence is within the jurisdiction of the Court under Articles 95 and 96 of the 2015 Civil Procedure Code.

In practice, when both parties to a dispute claim to be the author, the party that can prove the time of creation of the work earlier will have an advantage. In cases where one party has registered first, they will have a great advantage because the Certificate is considered strong evidence confirming ownership. In that case, the unregistered party must make an effort to prove that they created first or prove that the other party’s registration is dishonest—this is often very difficult.

Therefore, unregistered copyright works are still protected when a dispute arises, as long as they meet the protection conditions under the Law on Intellectual Property. However, not registering makes the process of proving rights more complicated, potentially risky and can be disadvantageous to the author or owner when a dispute occurs. Therefore, copyright registration procedures are still a measure to minimize legal risks, create a solid basis for establishing rights and ensure the ability to protect rights quickly and effectively.

Above is the article “Are unregistered works protected in the event of a dispute?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Are unregistered copyright works protected by law in the event of a dispute?

Yes. According to Article 6 of the 2005 Intellectual Property Law (amended in 2022), copyright arises automatically as soon as the work is expressed in a certain material form, regardless of registration or publication. Therefore, in the event of a dispute, unregistered works are still fully protected by law, as long as the author or owner can prove the creative process and the time of creation of the work.

When copyright is not registered, what should the author do to protect his/her rights in the dispute?

In the absence of a Certificate, the author must prove ownership of the work. Evidence may include: original manuscript, design file or audio recording, metadata, email exchanges, witnesses or other relevant documents. According to Article 198 of the Law on Intellectual Property, this proof is mandatory and helps the Court determine the author’s rights, although the absence of a certificate will make the process of protecting rights more difficult and take more time.

How to know if an image is copyrighted?

How to know if an image is copyrighted?

Written by Editor VCD on . Posted in Announcement, Copyright Registration, Fine art work and applied art work. No Comments on How to know if an image is copyrighted?

In the era of digital content explosion, images are used everywhere: websites, social networks, TVCs, packaging, advertising posters… However, many businesses and individuals still unintentionally violate image copyright just because they do not know whether the image is copyrighted or not. So how to check accurately and avoid legal risks? This article will help you understand image copyright and how to check quickly – accurately – safely.

What is a copyrighted image?

Any image created by an individual or organization (photograph, illustration, design, cartoon character…) is by default protected by copyright under the Vietnamese Intellectual Property Law and the international Berne Convention.

That means:

  • The person who creates the image (author) owns the copyright.
  • No one has the right to copy, edit, or use it for commercial purposes without permission.
  • Images on Google, Pinterest, Facebook… are not free images, unless clearly stated.

This is why “downloading images from the internet and then using them” often leads to copyright infringement, even if the user does not intend to.

Why is it necessary to check for copyrighted images?

Checking image copyright is not just a step to “follow the right procedure”, but a measure to protect businesses from many legal risks and serious financial losses.

  • Avoid administrative penalties: According to Decree 17/2023/ND-CP, the fine for using uncopyrighted images can be up to 10-30 million VND, not to mention additional measures.
  • Not being asked to remove posts, delete videos or destroy publications: An infringing image used on a website, fanpage, flyer or packaging can force you to withdraw or edit all related content, directly affecting your marketing plan.
  • Limit the risk of civil lawsuits: If the use of unauthorized images causes damage to the owner, the business may have to pay a large amount of compensation depending on the level of violation, disrupting business operations.
  • Maintain reputation and professionalism: In the field of marketing, packaging design or brand communication, using legally copyrighted images shows respect for intellectual property and enhances the business image in the eyes of customers.
  • Avoid big losses from just a small mistake: Many brands have had to pay hundreds of millions, even billions of dong just because of mistakenly using an image on the internet without verifying the origin.

In short, checking image copyright is a small step but brings great value, helping to protect the business in terms of law, cost and brand reputation. If you need, I can write more practical examples or instructions on how to check image copyright correctly.

How to know if an image is copyrighted?

Ways to check if an image is copyrighted

Here are ways to check if an image is copyrighted or not, from basic to advanced.

3.1. Check the origin of the image

If the image comes from the following sources, the possibility of copyright is very high:

  • Big brand website (Disney, Marvel, Netflix, Nike…)
  • Professional photography site (Getty Images, Shutterstock…)
  • Personal portfolio site (Behance, ArtStation…)
  • Photographer’s photo with watermark
  • Illustration with author’s signature or logo

Important principle: Photos with high quality, professional style, or images of famous characters are almost certainly copyrighted.

3.2. Reverse Image Search (Google Reverse Image Search)

The most common way to check if an image is copyrighted:

  • Go to Google Images, click the camera icon
  • Upload the image or paste the URL
  • Google will display the websites that have used the image

If the image appears on: Shutterstock, Adobe Stock, Getty Images, Pinterest with the author’s source, then this is a copyrighted image.

If the image appears on many meme sharing sites, personal blogs, the possibility of the image’s copyright is unclear, need to check further.

3.3. Check the license from the image upload site

Many sites that provide images come with a license to use:

  • CC0 (Creative Commons Zero): free to use for all purposes.
  • CC BY: free to use but must cite the source.
  • Commercial License: must pay to use for commercial purposes.

Some free, safe sites you can refer to: Pixabay, Pexels, Unsplash… However, these sites still have risks if users upload copyrighted images, so be careful.

3.4. Check watermark, logo or author signature

If the image has: Watermark, author logo, artist signature, © symbol, then 100% of the image is copyrighted. You are not allowed to remove the watermark and then use it, this is a serious violation.

  • Check image metadata (EXIF)

Some photos store information such as: Author, camera type, date taken, location taken. Although not always available, EXIF ​​is a data that helps identify the origin of the photo.

3.6. Check on large photo repositories

You can find photos on Shutterstock, Adobe Stock, Getty Images, iStock… If the photo appears on these repositories, it is definitely a paid photo and has commercial copyright.

Above is the answer to the question How to know if an image is copyrighted that VCD shares with you. Maintaining the habit of checking copyright before using any image will help you avoid unnecessary risks and protect your brand reputation in a sustainable way.

Sincerely,

1. Is using images on Google considered copyright infringement and when is it allowed to use?

Images on Google do not mean copyright-free. Google only acts as a search engine, and the image is still owned by the author.
You are only allowed to use the image when:
The image is labeled “permitted to reuse” (Creative Commons).
The image is in a free photo library and clearly states the right to use.
You have asked permission from the owner or purchased the copyright.
If you use it without checking, you may be asked to remove the post or be fined according to Decree 17/2023/ND-CP.

2. How to check image copyright to ensure that it does not violate the law?

You can check image copyright by:
Finding the source of the image (original website, author, accompanying license).
Using reverse image search tools such as Google Lens, TinEye to see if the image belongs to any individual/organization.
Check the license information (License) if the image is taken from a photo library such as Shutterstock, Freepik, Pixabay…
If unsure, contact the owner directly to ask for permission to use.

Are character names protected by copyright?

Are character names protected by copyright?

Written by Editor VCD on . Posted in Announcement, Copyright Registration, Fine art work and applied art work. No Comments on Are character names protected by copyright?

Character names in comics, movies, games or brand mascots are not only identification factors but also valuable intellectual property. Therefore, many people wonder: Are character names protected by copyright? The following article VCD will help you understand fully and accurately to avoid legal risks, and know how to exploit characters according to regulations.

Are character names protected by copyright?

According to the 2022 Intellectual Property Law, character names can be completely protected by copyright, but not all character names are automatically protected.

When are character names protected?

The character name is considered part of the work (literary work, comic book, film, script, etc.) and is protected when it meets two factors:

  • Factor 1 – Creativity: The character name must be unique, non-repetitive, and not a common descriptive word. For example: “Doraemon”, “Sun Wukong”, “Harry Potter” → protected. “Boy”, “Princess”, “Hero” → not protected.
  • Factor 2 – Associated with a specific work: The character name must be associated with a specific work. The work, including the character and visual elements, is protected from the moment it is formed in a certain material form (Article 6 of the Intellectual Property Law 2022). This means that the character name must appear in a complete work, not a sketchy idea.

Cases where character names are not protected

Some cases where character names are not eligible for protection:

  • Names that are too simple or common (“Black Cat”, “Little Girl”)
  • Names that describe characteristics (“Dwarf”, “Long-legged Girl”)
  • Names that are similar to many previously existing characters
  • Names that are just ideas that have not appeared in the work
Are character names protected by copyright?

Why do character names need to be protected?

A character name is an important part of a work and is also a valuable intellectual property. Protection helps:

  • Prevent unauthorized copying: When a character is famous, their name can easily be used to write stories, print on products, advertise or do business without permission. Protection helps the owner easily handle violations.
  • Protect the author’s creative value: Character names express ideas, personality and unique creative imprints. Protection helps ensure copyright and prevent others from appropriating creative efforts.
  • Avoid legal disputes: When a character name is registered, the owner has a clear legal basis to prove his rights when a conflict occurs.
  • Effective commercial exploitation: Exclusive character names can be used for licensing, copyright sales, merchandise production or brand collaboration, bringing in large revenues.
  • Create competitive advantages: Especially with brand mascots, protecting character names helps businesses build their own identity and avoid being copied in the market.

Penalties for infringement of character name copyright

According to Decree 17/2023/ND-CP, the penalties for infringement of character copyright, including character names:

Administrative fines:

  • From 10 – 30 million VND for illegal copying and use
  • From 30 – 70 million VND for using character names for business and sales

Required:

  • Recall infringing goods
  • Remove infringing content on websites and social networks
  • Compensate for civil damages according to Articles 204 – 205 of the Intellectual Property Law 2022 (Up to 500 million VND depending on the level of damage)

Important notes when using famous character names

If you use someone else’s character name (Doraemon, Shin, Elsa, Songoku …), you should avoid the following violations:

  • Use the character name to print on Business products: Products such as T-shirts, cups, backpacks, toys, notebooks, gifts, etc., if printed with the name of a famous character without permission, are considered an act of copyright or trademark infringement. Even if you do not use the image, just printing the character name can still be punished if the name is protected.
  • Using the character name on the packaging for advertising: Many small businesses often write: “Doraemon Cake”, “Shin Milk”, “High-class Elsa Shirt”. These are all violations because they create a misunderstanding that the product is related to the character owner. Using the character name to advertise a product without the right to exploit it is prohibited by law.
  • Using character names in videos, books, stories for profit: Including books, stories, derivative movies, YouTube videos, TikTok videos for money, games or mobile applications, advertising content, TVCs… If you use character names to create content for commercial purposes, you need to have a license to exploit from the owner.
  • Creating a sales fanpage using character names: Using character names for business purposes can easily cause confusion about the origin of the brand and is considered an infringement of intellectual property rights.

Above is the article Are character names protected by copyright? Hopefully you will better understand the legal regulations and use character names properly, thereby avoiding copyright violations, protecting your intellectual property and exploiting characters safely and legally.

Sincerely,

1. Can I use the name of a famous character for business purposes?

No. You are not allowed to use the name of a famous character (Doraemon, Elsa, Pikachu, etc.) to print on products, name a shop, run ads, or create content to make money without the owner’s permission. This behavior can be fined from 10 to 70 million VND according to Decree 17/2023/ND-CP.

2. How to protect the name of a character you created?

You can protect it in two ways:
Register copyright for works containing characters at the Copyright Office.
Register a trademark for the name of a character at the Intellectual Property Office if used for business purposes. Registration helps you prove ownership and handle violations more easily.