Author: Editor VCD

Copyright registration is a crucial step for individuals and businesses to protect their creative works from copying and infringement. However, in reality, many people still make basic mistakes during the registration process, leading to rejected applications, wasted time, or even improper protection. In this article, VCD will point out 7 common mistakes when registering copyright and how to correct them.

7 common mistakes when registering copyright

Misunderstanding the nature of copyright

Many people do not understand the true nature of copyright, leading to misconceptions such as:

• Copyright protection is not necessary, so there’s no need to go through the procedure.

• Copyright registration is mandatory to have rights.

According to Article 6 of the Vietnamese Intellectual Property Law: “Copyright arises from the moment the work is created and expressed in a certain tangible form, regardless of registration.”

This means that copyright arises automatically when a work is created and expressed in tangible form, regardless of registration. However, copyright registration plays a crucial role in providing legal evidence in disputes, establishing clear ownership rights, and limiting the risk of misappropriation.

For example: A musician composes a song but doesn’t register it. Later, another party copies it and registers it first. In case of a dispute, the first registrant has the advantage in proving their rights.

How to avoid this: Although the law recognizes copyright as soon as the work is created, you should still register early to have clear legal evidence, helping to protect your rights in case of disputes.

Preparing inadequate and legally flawed documentation

This is the most common mistake that leads to copyright registration applications being returned multiple times, requiring numerous revisions/additions. This significantly prolongs the time it takes to issue a copyright certificate.

Some common application errors:

• Incorrect or incomplete application form

• Unclear copies of artwork

• Missing documents proving ownership

• Incorrect signature and seal

How to avoid: Prepare your application according to a standard checklist and check carefully before submission to avoid unnecessary errors.

• For individuals: Application form, 2 copies of artwork, Citizen Identification Card/National Identity Card

• For businesses: Business license, assignment decision or creative contract, ownership commitment letter.

Incorrectly identifying the type of work when registering

Incorrectly identifying the type of work can lead to your application being rejected or granted protection with an inaccurate scope that doesn’t match your intended purpose.

According to Article 14 of the Intellectual Property Law, the types of works eligible for protection include:

• Literary, artistic, and scientific works

• Musical works

• Applied art works

• Cinematographic works

• Computer programs

• And many other types

Examples of commonly confused types:

• Websites: Not just “articles,” but can also include interfaces

• Videos: Can be considered “cinematic works” or “sound and video recordings”

How to avoid this: Clearly define the purpose of using the work and refer to the legal classification list. If necessary, seek professional advice for the most accurate assessment.

Failure to clarify ownership when multiple parties are involved

In modern work environments, especially in creative, marketing, and design companies, a work is often not created by a single individual but involves multiple parties. However, a common mistake is failing to clearly define who owns the copyright from the outset.

Some common situations include:

• Hiring freelance designers without a contract: The two parties only communicate via text messages or verbal agreements, without a clear legal document.

• Employing creative staff without a copyright transfer clause: The company assigns the work but doesn’t specify whether the copyright belongs to the company or the individual creator.

• Working in teams without clearly dividing rights: Multiple people participate in the creation process without an agreement on ownership ratios or a designated representative to register the work.

These shortcomings are often overlooked in the early stages but become significant legal weaknesses later on. Failing to clarify ownership can lead to several serious risks:

• Internal disputes: Conflicts of interest may arise between parties, especially when the work begins to generate economic value.

• Inability to register copyright: Authorities may reject applications if you cannot prove legal ownership.

• Legal risks in commercial exploitation: Using a work without valid rights may lead to legal action or compensation claims from the author.

How to avoid this: To mitigate risks, you need to proactively clarify ownership from the outset with specific legal documents.

• Creative work contract: Clearly state the scope of work, rights, and obligations of each party.

• Copyright transfer clause: Clearly define ownership rights belonging to an individual or a business after completion.

• Written consent among co-authors: In cases where multiple people co-create, it is necessary to agree on the ownership ratio, the representative to register the work, and the method of exploitation and profit sharing.

Registering too late

This is one of the most common mistakes: many people only think about registering copyright when a dispute arises or they discover their work has been copied.

The initial subjective mindset is: “My work isn’t famous yet, no one has noticed,” “Registering later won’t hurt”… This very thinking puts many individuals and businesses in a passive position when problems arise.

Delaying registration can lead to many serious consequences:

• Someone else registers first: If another party registers first, they will have a significant advantage in terms of legal evidence, putting you at a disadvantage in disputes.

• Difficulty proving the creation date: Even if you created the work first, without clear evidence (original file, draft, publication date, etc.), proving it will be very difficult.

• Costly and time-consuming litigation: When disputes arise, you may have to gather evidence, hire lawyers, and participate in lengthy legal proceedings.

Self-preparing copyright registration without professional knowledge

Many individuals and businesses choose to prepare their own copyright registration applications to save costs. However, in reality, this is a common mistake if the person doing it lacks legal knowledge or has never gone through the registration process.

Self-preparing an application is not simply about filling out forms and submitting documents. You need to understand:

• Legal regulations related to copyright

• How to correctly identify the type of work

• Requirements regarding the form and content of the application

• The process of receiving, processing, and responding to inquiries from the competent authority

In many cases, the initial goal of “saving” costs becomes a negative consequence, as you waste more time and effort and may delay the commercial exploitation of the work.

Thinking that a single registration is sufficient

Many individuals and businesses believe that registering copyright once is enough to protect all related content in the future. This mindset often stems from a lack of understanding of the scope of copyright protection, leading to complacency when updating, expanding, or developing new versions of the work.

For example: A business registers copyright for a website, then continuously updates the content, changes the interface, adds features, etc., but still thinks that the initial certificate covers all these changes.

In reality, copyright only protects the specific work at the time of registration, with a defined form of expression.

• Each work is a separate protected subject, not automatically “lumped together” in a single registration.

• Major revisions can be considered new works. If the work undergoes significant changes in content, form, structure, or usability, the new version can be considered a separate work and requires separate registration for full protection.

• The scope of protection does not automatically expand; copyright certificates do not have “overall” value for subsequent works unless they are additionally registered.

To ensure your rights are fully and continuously protected, you should:

• Register separately for each specific work.

• Register additionally when there are major changes.

• Establish an intellectual property management process (monitor versions of the work, store data at each stage, and assess when new registration is needed).

The above are “7 common mistakes when registering copyright.” Hopefully, this information will help you better understand the copyright registration process, minimize risks, and be more proactive in protecting your legal rights.

Sincerely,

FAQ

In the era of booming digital content, creative works based on existing works, such as book translations, film adaptations, and music remixes, are becoming increasingly common. However, many individuals and businesses still mistakenly believe that creating derivative works automatically grants copyright protection. So, under what circumstances are derivative works protected by copyright? Let’s explore this in detail in the article “Under what circumstances are derivative works protected by copyright?” below.

What is a derivative work?

According to Clause 8, Article 4 of the Intellectual Property Law, a derivative work is defined as follows: “A derivative work is a work created on the basis of one or more existing works through translation from one language to another, adaptation, modification, transformation, selection, or compilation.”

Common forms of derivative works include:

• Translation (e.g., translating books, stories, documents)

• Adaptation (rewriting based on the original idea)

• Modification (changing content and structure)

• Adaptation (story to film, story to play)

• Selection (compilation from multiple sources)

• Compilation (synthesizing and organizing materials)

Examples:

• A novel adapted into a film

• A song remixed and rearranged

• A foreign literary work translated into Vietnamese

Thus, a derivative work is a new creative product, but it is formed based on the foundation of the original work.

In what cases are derivative works protected by copyright?

According to Articles 14 and 20 of the Intellectual Property Law, derivative works will be protected if they simultaneously meet the following conditions:

Creative nature – a prerequisite

Creativity is the core foundation of all objects protected by copyright. Vietnamese law only protects works created from the direct intellectual labor of the author, bearing a clear personal imprint.

This means that the work must have independent creativity, demonstrated through the way content, language, structure, perspective, or message are expressed – not simply a copy or a slightly modified version of the original work.

Examples:

• Translating a book with a unique writing style and appropriate word choice is considered creative.

• Copying content and changing a few sentences will not be protected.

It can be said that the boundary between legitimate creation and copyright infringement lies in the level of intellectual contribution of the creator of the derivative work. Without this element, the resulting product will not qualify as a “work” under the law, and therefore will not be protected by copyright.

Not infringing on the copyright of the original work

According to Clause 2, Article 14 of the Intellectual Property Law: “A derivative work shall only be protected if it does not infringe on the copyright of the work used to create the derivative work.”

This is an important principle to ensure a balance between the right to create something new and the right to protect the original work.

A derivative work is considered legal when:

• It does not distort or misrepresent the content of the original work.

• It does not misrepresent the message or core values ​​of the original work.

• It does not negatively affect the honor or reputation of the author.

• It does not use the original work in a way that causes economic or commercial damage.

Examples:

• Adapting a literary work into a film while preserving its spirit and main message may be acceptable.

• However, intentionally changing the content in a negative, misleading, or offensive way may be considered copyright infringement.

Therefore, even with creative elements, if that creation affects the legitimate rights of the original author, the derivative work will not be protected.

With the permission of the copyright owner (except in exceptional cases)

According to Article 20 of the Intellectual Property Law, the right to create derivative works is a property right belonging to the copyright owner.

Therefore, to create a derivative work from a work that is still under protection, permission must be obtained, except in cases where the protection period has expired (in the public domain) or in cases where permission is not required by law.

Note: Using a work without permission will be considered copyright infringement (Article 28 of the Intellectual Property Law). In that case, the derivative work will not be protected, even if it has creative elements.

Not falling under the cases excluded from protection

In addition to the above conditions, the derivative work must also not fall under the cases excluded from copyright protection as stipulated by law.

Some common cases include:

• Works that are almost entirely copied from the original, lacking significant creative value.

• Content that violates the law, is contrary to social ethics, or goes against good customs and traditions.

• Works that infringe on the personal rights of other individuals or organizations.

• Products that are mechanically copied or synthesized without intellectual contribution.

If these cases apply, the derivative work will not be recognized or protected by law, regardless of its form of expression.

The above is an article titled “Under what circumstances are derivative works protected by copyright?“. It can be seen that, although a common form of creativity in many fields, derivative works are only protected by law when they fully meet the conditions of creativity, legality, and do not infringe on the rights of the original author.

Sincerely,

FAQ

During the process of exploiting and commercializing a work, the question “Can copyright be transferred to multiple people?” is of great concern to many individuals and businesses. This is a crucial legal issue, as it directly affects economic interests, control, and the ability to exploit the work in practice. This article from VCD will help you answer this question.

What is copyright?

Copyright is one of the important intellectual property rights, aimed at protecting the creative achievements of individuals and organizations in literary, artistic, and scientific works.

According to the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.”

Copyright is not simply the “right to be named,” but encompasses the entire right to control and exploit the value of the work. When a work is created (e.g., article, video, book, design, etc.), copyright arises automatically, regardless of registration.

Copyright is divided into two main groups: moral rights and property rights. This is a crucial foundation for understanding whether or not it is transferable.

Moral rights:

• Naming the work

• Using one’s real name or pseudonym

• Publishing the work

• Protecting the integrity of the work

Property rights:

• Copying the work

• Distribution and communication

• Leasing and transferring the right to use

• Profiting from exploitation

Of these, only property rights are transferable, while moral rights are essentially non-transferable (except for the right to publish the work in some cases).

Is it possible to transfer copyright to multiple people?

Copyright transfer is the act of the copyright owner transferring ownership of the property rights to another organization or individual through a contract.

According to Article 45 of the Intellectual Property Law: “The copyright owner has the right to transfer property rights to other organizations or individuals by contract.”

Although the law does not prohibit the transfer of copyright to multiple people, it is necessary to clearly distinguish the following cases:

Case 1: Transferring all rights to multiple people (co-ownership)

The owner can transfer property rights to multiple people at the same time; in this case, the transferees become co-owners of the copyright.

According to Article 38 of the Intellectual Property Law: “Copyright may be jointly owned by multiple organizations or individuals.”

Thus, when the parties jointly own property rights, exploitation must be based on a mutual agreement. If there is no agreement, the consent of all parties is required.

Example: An author transfers the rights to exploit a comic series to 3 companies, thus all 3 are co-owners.

Case 2: Partial transfer of rights to multiple parties

The owner can divide the property rights to transfer to different parties.

Example:

• Party A: printing rights

• Party B: film adaptation rights

• Party C: online distribution rights

This is perfectly legal if the scope of rights is clearly defined, without overlap or conflict. This is a very common practice (especially in the publishing and entertainment industries).

Case 3: Exclusive and non-exclusive transfers

This is a very important point to distinguish between exclusive and non-exclusive transfers.

• Exclusive transfer: Only one party receives the rights; the owner cannot transfer them to others.

• Non-exclusive transfer: Can be transferred to multiple parties simultaneously, with each party exploiting the rights within the permitted scope.

Disputes can easily arise if the copyright transfer contract does not clearly state this.

Conditions for legally transferring copyright to multiple individuals

Transferring copyright to multiple individuals is not as simple as signing a contract and “dividing the rights.” In fact, most disputes arise from a lack of clarity from the outset. Therefore, to ensure legality and minimize risks, you need to meet the following conditions:

Condition 1: A written contract is mandatory

This is a prerequisite, crucial to the validity of the transfer.

According to Article 46 of the Intellectual Property Law: “The transfer of copyright must be carried out through a written contract.” This means that oral agreements, text messages, emails, etc., do not have full legal validity in many cases. When disputes arise, the party without a written contract will be at a significant disadvantage.

In reality, many creative individuals (authors, online instructors, etc.) often collaborate based on “trust,” leading to disputes when large profits are generated. Therefore, whether transferring to one or multiple people, a written contract is always necessary, with full signatures, and even notarization if the value is substantial.

Condition 2: The contract content must be clear and structured.

This is a crucial factor in determining whether you can control the work after the transfer. A “legally sound” contract is not enough – it must be a “well-structured” contract.

The following are essential contents that must be included in a licensing agreement:

• Scope of rights to be licensed: (What rights are being licensed? Copying, distributing, adapting, or the entire work?)

• Term of license: (How long? 1 year, 5 years, or unlimited?)

• Territory of exploitation: (Only in Vietnam or globally?)

• Form of exploitation: (Online, print, broadcast, digital platforms, etc.)

• License price and payment method

Especially important when licensing to multiple parties, you must clarify:

• Who has what rights?

• Do those rights overlap with others?

• Is it an exclusive right?

Example:

Common mistakes:

• Party A: “has the right to publish online”

• Party B: “has the right to exploit on digital platforms”

These two rights almost overlap, inevitably leading to disputes.

Correct procedure:

• Party A: Release on their own website

• Party B: Release on a mobile app

Condition 3: No violation of the author’s moral rights

Regardless of how many people you transfer the rights to, there is one immutable principle: Moral rights remain with the author.

According to the Intellectual Property Law, the right to name a work, the right to be credited, and the right to protect its integrity are non-transferable (except for the right to publish in certain cases). This means that the transferee must credit the author in full and is not allowed to illegally modify the content, cut or distort the meaning, or misrepresent the work.

Practical risks:

• Books being edited to distort the content

• Videos being edited to cause misunderstandings

• Courses being “edited” for resale

These actions can be considered a violation of moral rights, even after the transfer of property rights.

Condition 4: Avoid conflicts of interest between parties

This is the most serious mistake when transferring copyright to multiple people. Without proper control, you’ll end up with multiple parties having the same rights, making it difficult to determine “who has priority,” and easily leading to legal disputes.

Common types of conflicts:

• Conflicts over platforms (two parties selling online)

• Conflicts over territory (both exploiting in Vietnam)

• Conflicts over time (overlapping rights)

Therefore, when transferring copyright to multiple people, rights must be divided according to: Exploitation channels (web, app, offline); geographical area; and time. And apply a clear principle: One right – one scope – one subject.

The above is an article titled “Can copyright be transferred to multiple people?”. Hopefully, this article has helped you understand the true nature of copyright transfer, as well as how to apply it flexibly in practice.

Sincerely,

FAQ

During copyright registration, information about the author or co-authors may sometimes be incomplete or missing. This leads many individuals to wonder whether they can add co-authors after receiving a Copyright Registration Certificate. Let’s explore this in the article below!

What are Co-authors?

Before exploring whether or not co-authors can be added, it’s necessary to understand the concept of co-authors as defined by law.

According to Article 6 of Decree 17/2023/ND-CP guiding the Law on Intellectual Property, co-authors are individuals who directly create a work together. Each co-author contributes creatively to the formation of the content or form of the work.

This means that not everyone who participates in the production, support, or funding of the work is considered a co-author. Only those directly involved in the creative process are considered co-authors.

Examples:

• Two people co-writing a book

• Multiple people co-composing a song

• A group of authors jointly developing the content of a software program or script

In these cases, the individuals involved in the creation are recognized as co-authors of the work.

Is it possible to add co-authors after copyright registration?

In some cases, after copyright registration, the owner or authors discover that the list of authors in the Copyright Registration Certificate is incomplete or contains errors. In such cases, the law allows for the procedure of amending or supplementing the information on the copyright registration certificate.

According to intellectual property law, when there are changes related to registered information, the organization or individual has the right to submit an application to amend or supplement the information to the certificate-issuing authority.

This means that if it can be proven that an individual made a creative contribution to the work, that person can be added to the list of co-authors after copyright registration.

However, the addition of co-authors must be based on legal grounds and the agreement of all parties involved.

Cases where co-authors can be added

Adding co-authors usually occurs in the following cases:

Omission of an author during initial registration

In some cases, when submitting a copyright registration application, the applicant may omit the name of an individual who participated in creating the work. Upon discovering the error, the parties can follow the procedure to request an amendment to add the co-author.

Agreement between authors

If the authors agree that an individual has made a creative contribution to the work but has not been recognized, they can create a written agreement to request the competent authority to add that person to the list of co-authors.

Errors in the application process

During the preparation of the copyright registration application, errors may occur regarding personal information or the list of authors. These errors can be corrected through the registration information adjustment procedure.

Procedure for adding Co-authors after copyright registration

When there is a need to add co-authors, individuals or organizations can carry out the procedure for amending and supplementing copyright registration information at the competent authority.

Typically, the application for adding co-authors after copyright registration includes:

• Application for amending and supplementing copyright registration information

• Original or copy of the Copyright Registration Certificate

• Documents proving the creative contribution of the applicant

• Written agreement or confirmation from co-authors (if any)

• Identification documents of the person being added

After receiving a valid application, the competent authority will review and update the author information on the certificate if the requirements are met.

Notes on adding Co-authors

To avoid disputes and ensure a smooth process, please note the following:

• Only add individuals who contributed creatively: Not every individual involved in the creation of a work is considered a co-author. Only those directly involved in creating the content or form of the work are recognized as co-authors. Those who only provided technical support, financial sponsorship, or performed administrative tasks are generally not considered co-authors.

• Consent of all parties is required: In many cases, adding co-authors requires the agreement of the authors or copyright owners. If a copyright dispute arises, the competent authority may require dispute resolution before considering any information modification.

• Prepare sufficient supporting documents: To have a co-author added, documentation proving that the added individual directly participated in the creation of the work must be provided. These documents may include manuscripts, email exchanges, joint work documents, or other evidence.

The above is an article titled ” Is it possible to add co-authors after copyright registration?”. Hopefully, the information shared has helped you better understand the legal regulations related to amending and adding author information after copyright registration.

Sincerely,

FAQ

With creative products increasingly shared widely on the internet and digital platforms, copyright infringement is also quite common. When discovering an infringement, the first important step for the author or copyright owner is to gather evidence. So, how can you legally gather evidence of copyright infringement? Let’s find out in the article below.

What is copyright infringement?

Before learning how to gather evidence of copyright infringement, it’s necessary to understand what constitutes copyright infringement according to the law. Correctly identifying the infringing act is crucial for the author or copyright owner to protect their legal rights and interests.

According to Article 28 of the 2022 Intellectual Property Law, the following acts are considered copyright infringement:

• Appropriating copyright in a work

• Impersonating the author

• Publishing or distributing a work without the author’s or copyright owner’s permission

• Copying a work without permission

• Using a work without paying royalties or remuneration as prescribed

• Intentionally deleting or altering electronic copyright management information

Depending on the nature and extent of the violation, copyright infringements may be handled through various measures such as requiring cessation of the infringing act, compensation for damages, administrative penalties, or even criminal prosecution.

Therefore, upon discovering signs of copyright infringement, the author or copyright owner should quickly identify the infringing act and proceed to collect legal evidence to protect their rights in accordance with the law.

Types of evidence in copyright infringement cases

In resolving disputes related to copyright infringement, evidence is a crucial element that helps competent authorities determine the truth of the case. Providing complete and legitimate evidence will help prove ownership of the work as well as the infringing behavior of the party involved.

According to Article 94 of the 2015 Civil Procedure Code, evidence can include various forms, such as:

• Readable, audible, and visible documents

• Electronic data

• Physical evidence

• Witness statements

• Expert opinions

• Minutes recording the incident

In copyright infringement cases, the most common evidence includes:

• Original or copies of the work

• Copyright registration certificate

• Images, videos, or recordings of the infringing act

• Contracts for the exploitation of the work

• Invoices and documents related to the use of the work

How can I legally gather evidence of copyright infringement?

For evidence to be accepted by the competent authority, its collection must comply with legal regulations. Below are some common and legal ways to gather evidence.

Storing and copying infringing content

If copyright infringement occurs on the internet, you can take screenshots, record screen videos, download infringing content, etc.

These documents should clearly show:

• The website or platform where the content was posted

• The time the infringement was discovered

• The specific content of the infringement

However, to increase their legal value, these documents should be verified or certified by a competent authority.

Creating a notarial record

One of the most common ways to gather evidence today is to create a notarial record through a bailiff. A bailiff’s report is a document prepared by a bailiff to record events and actions that actually occurred, for example:

• A website posting infringing content

• A store selling illegally copied products

• An individual using a work without permission

A bailiff’s report has evidentiary value in legal proceedings as prescribed by law.

Request for copyright expertise

In some cases, to prove copying or copyright infringement, expert assessment is required.

According to Article 201 of the Intellectual Property Law, the rights holder may request the competent authority to commission an intellectual property expert assessment to determine:

• Whether or not copyright infringement has occurred

• The extent of copying or unauthorized use of the work

The expert’s conclusion is one of the important pieces of evidence in the dispute resolution process.

Collecting contracts, invoices, and related documents

In addition to proving the infringement, the author or copyright owner also needs to collect documents proving their rights to the work.

These documents may include:

• Copyright registration certificate

• Transfer or licensing agreement

• Invoices and receipts related to the exploitation of the work

• Manuscript or original copy of the work

These documents help establish legal ownership of the work.

Notes on collecting evidence of copyright infringement

In reality, not all collected documents have legal value. If the evidence collection is not done properly, it may not be accepted by the competent authority when resolving disputes. Therefore, to ensure that evidence is legally valid and usable in the process of handling violations, the following points should be noted:

• Collect evidence as early as possible: In the internet environment, infringing content can be deleted or modified at any time. Therefore, evidence should be recorded immediately upon detection of the violation.

• Avoid infringing on privacy: Evidence collection must comply with the law and must not involve unauthorized access to other people’s data systems, personal accounts, or devices.

• Carefully preserve evidence: Evidence needs to be stored completely, avoiding modification or alteration of the original content.

• Seek assistance from legal experts: In complex cases, consulting with lawyers or intellectual property experts will help ensure that the evidence collection process complies with legal regulations.

The above is an article titled “How to legally collect evidence of copyright infringement?”. Preparing complete, legal, and timely evidence will help authors or copyright owners protect their legitimate rights and interests, and create an important basis for requesting competent authorities to handle infringement.

Sincerely,

FAQ

The duration of copyright protection is a crucial factor determining whether a work remains legally protected or has become public property. Once the protection period ends, the work becomes public domain; any individual or organization can exploit it without needing permission from the author or copyright owner. So how do you know if a work still has copyright protection? Let’s find out in the article below!

What is copyright protection period?

Copyright protection period is the period during which the law protects the legal rights and interests of the author or copyright owner of a work. During this time, the use or exploitation of the work usually requires the permission of the copyright owner, except in certain exceptional cases as stipulated by law.

According to Article 27 of the 2022 Intellectual Property Law, the duration of copyright protection varies depending on the type of right and the type of work.

Vietnamese law divides copyright into two main groups: moral rights and property rights. Each group has a different protection period.

Duration of protection for moral rights

According to Clause 1, Article 27 of the Intellectual Property Law, the following moral rights are protected indefinitely:

• The right to name the work

• The right to use one’s real name or pseudonym on the work

• The right to protect the integrity of the work

This means that rights associated with the author’s honor and reputation will be protected indefinitely, even after the property rights to the work have expired.

However, the right to publish the work has a protection period similar to that of property rights.

Property rights protection period

According to Article 27 of the Intellectual Property Law, property rights to a work are protected for a specific period.

Specifically:

• For cinematographic works, photographic works, applied art works, and anonymous works: The protection period is 75 years from the date of first publication. If the work has not been published within 25 years of its creation, the protection period will be 100 years from the date of creation.

• For other types of works: The protection period is calculated based on the author’s lifetime and 50 years after the author’s death. According to the law: The protection period ends at 24:00 on December 31st of the year the protection period expires.

• For works with co-authors: If a work has multiple co-authors, the protection period will be calculated 50 years after the death of the last surviving co-author.

How to determine if a work is still protected by copyright?

To determine if a work is still protected by copyright or has fallen into the public domain, several factors need to be considered, such as the type of work, the date of publication, the date of creation, and the date of the author’s death. Accurately identifying this information will help individuals and organizations avoid legal risks when exploiting or using the work.

Below are some basic steps to determine if a work is still protected by copyright.

Determine the type of work

First, determine the type of work: literary/musical/cinematic/artistic/software…

Correctly identifying the type of work is crucial because each category may have a different method of calculating the protection period. For example, the protection period for literary works is usually calculated for the author’s lifetime and 50 years after the author’s death, while some other types of works, such as films or photographs, are calculated from the date of publication.

Therefore, before calculating the protection period, it is necessary to accurately classify the work to apply the correct legal regulations.

Determining the date of publication or the date of creation of the work

For some types of works, such as films, photographs, or applied art works, the protection period is usually calculated from the date of first publication.

In cases where the work has not been published for a certain period since its creation or creation, the law may stipulate that the protection period is calculated from the date the work is created.

Example: A film was first released in 2020. The protection period for intellectual property rights may extend for many years from this release date.

Therefore, accurately determining the release date of the work is crucial for calculating the protection period.

This information can be found in:

• Publication information of the work

• Copyright registration records

• Archived data of the publisher or distributor

Determining the date of the author’s death

For most works such as books, music, or scripts, the protection period is calculated based on the author’s lifetime and 50 years after the author’s death.

Example:

• An author died in 2000

• The protection period will last until December 31, 2050

After this date, the work will no longer be subject to intellectual property protection and will become a public domain work. However, even after the copyright protection period has expired, the author’s moral rights, such as the right to be credited as the author or the right to protect the integrity of the work, must still be respected.

In the case of a work with multiple co-authors, the protection period will be calculated 50 years after the death of the last co-author.

Checking copyright registration information

If the work has been copyrighted, you can look up the information at the Copyright Office or other official sources to find out:

• Author’s name

• Publication date

• Registration date

This information will help determine the protection period more accurately and clearly. In many cases, copyright registration records also contain information related to the owner of the copyright, helping to identify who has the right to exploit the work during the protection period.

Consult a legal expert

In some cases, determining the protection period can be difficult, especially when:

• The publication date of the work is unclear

• The exact year of the author’s death is unknown

• The work has multiple co-authors

• The rights to exploit the work have been transferred

In such cases, individuals or organizations can consult a lawyer or intellectual property expert for assistance in accurately determining the protection status of the work.

The above article is: ” How can I tell if a work is still under protection?”. It can be seen that determining the protection period of copyright is not based on a single factor but requires consideration of many pieces of information such as the type of work, the publication date, the date of creation, and the date of the author’s death. Thoroughly understanding the legal regulations regarding protection periods will help individuals and organizations use the work correctly and avoid copyright infringement.

Sincerely,

FAQ