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Author: Editor VCD

Are investigative journalism articles protected by copyright?

Investigative journalism is a type of work that requires a significant investment of time, effort, and professional expertise from journalists. However, in reality, many investigative articles are copied, republished, or exploited without permission after publication. Given this situation, the question arises: are investigative journalism articles protected by copyright law? This article from VCD will help you clarify this.

What is investigative journalism?

Investigative journalism is a highly valuable and in-depth journalistic genre that requires journalists to invest time, effort, and intellect seriously, independently, and creatively. Unlike purely news reporting that only quickly reflects events happening on the surface, investigative journalism aims to clarify the essence of the matter, uncovering hidden issues, those not yet published, or not fully understood in society.

  • Gathering information over a long period
  • Verifying and cross-referencing from multiple sources
  • Analyzing data, documents, testimonies, and evidence
  • Reflecting the nature of events, causes, consequences, and undisclosed issues

In terms of form and content, investigative journalism often has the following prominent characteristics:

  • Deep content with multiple layers of information, not simply a description of events
  • An approach to the issue that bears the personal imprint of the journalist or group of journalists
  • A tight structure, logical argumentation, creative language, clearly expressing the viewpoint and investigative methodology

These elements show that investigative journalism is not just about “reporting news,” but the result of intellectual creativity, fulfilling the nature of a work as defined by copyright law.

Are investigative journalism articles protected by copyright?

Are investigative journalism articles protected by copyright?

According to Clause 5, Article 1 of the 2022 Intellectual Property Law, journalistic works are defined as one of the types of works protected by copyright. More specifically, according to Point c, Clause 1, Article 14 of the Intellectual Property Law, a journalistic work is understood as a work with independent content, a complete structure, created for publication or broadcast on mass media. This regulation is further detailed in Article 9 of Decree No. 22/2018/ND-CP, according to which journalistic works include genres such as: reports, news reports, narratives, interviews, reflections, investigations, commentaries, editorials, essays, journalistic articles, and other journalistic genres published or broadcast on print newspapers, radio, television, online newspapers, or other media.

Thus, investigative journalism is classified as a journalistic work and is subject to copyright protection if it meets the conditions of originality and is presented in a specific form.

What is the scope of copyright protection for investigative journalism?

In practice, investigative journalism is often based on factual data, events, and statistics that have occurred or are currently occurring in society. However, according to intellectual property law, the information itself, the objective facts and events, are not subject to copyright protection. Instead, the law focuses on protecting the creative way in which the content is presented, that is, the result of the journalist’s independent intellectual work.

For investigative journalism, the scope of copyright protection is primarily determined by the creative elements that constitute the work, including:

  • The selection, arrangement, and processing of information
  • The methods of analysis, argumentation, and evaluation of the issue
  • The structure of the article, writing style, and language used
  • The journalist’s own perspective and viewpoint on the event

Conversely, according to Clause 2, Article 15 of the 2022 Intellectual Property Law, purely factual news reports are not subject to copyright protection. These are pieces of information that only reflect events concisely and objectively, without any analytical or creative elements in their presentation.

Therefore, distinguishing between investigative journalism and purely factual news reports is of particular importance in determining the scope of copyright protection. While purely news reports are not protected by copyright, the creative elements in investigative journalism are fully protected by law, aiming to safeguard intellectual property and encourage in-depth, responsible investigative journalism.

The above is an article titled “Is Investigative Journalism Protected by Copyright?”. Understanding and correctly applying copyright regulations not only helps journalists and media organizations protect their intellectual property but also contributes to building a professional journalistic environment that respects copyright and complies with the law.

Sincerely,

FAQ

1. Are current news articles protected by copyright like investigative reports?

Current news articles are not protected by copyright like investigative reports in newspapers. Purely factual news is not subject to copyright protection; this is a fundamental difference compared to investigative journalism.

2. Is copying investigative reports from newspapers without permission a violation of the law?

Yes. Copying, publishing, or exploiting investigative reports from newspapers without the consent of the copyright owner may be considered copyright infringement and will be prosecuted according to the law.

Do film actors have copyright?

In the production and exploitation of films, the role of actors is always considered a crucial element in creating artistic value and appeal. However, many people still wonder whether film actors enjoy copyright, or are only protected under a different legal mechanism. Understanding the true nature of copyright and related rights will help actors and production companies avoid confusion and better protect their legitimate rights and interests.

What is Copyright?

Copyright is the right of an organization or individual to a work they directly create or own. This is one of the important rights in the field of intellectual property, aiming to protect the creative value, both spiritual and economic, of the author or owner of the work.

According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.”

Copyright arises from the moment the work is created and expressed in a certain physical form, regardless of whether the work has been registered or not. Copyright registration only serves as legal evidence in case of disputes.

In terms of content, copyright includes two basic groups of rights:

  • Moral rights: linked to the honor and reputation of the author, such as the right to name the work, to use their real name or pseudonym on the work, and the right to protect the integrity of the work.
  • Property rights: allowing the author or owner to exploit the economic value of the work, such as the right to copy, distribute, and communicate the work to the public, allowing others to use the work and receive remuneration or royalties.

According to Article 14 of the 2022 Intellectual Property Law, the types of works protected by copyright are diverse, including cinematographic works and works created using methods similar to cinematography. This is a crucial legal basis for considering the relationship between film actors and the rights arising from cinematographic works, including copyright and related rights.

Do film actors have copyright?

Do film actors enjoy copyright?

According to intellectual property law, film actors are not automatically considered authors of cinematographic works. Legally, copyright is only established for individuals directly involved in the core creative activities that determine the content and form of expression of the cinematographic work. Meanwhile, actors primarily perform their roles based on the script, the director’s direction, and the overall artistic direction of the film.

In a film, the entities typically recognized by law as authors include:

  • Screenwriter
  • Director
  • Music composer
  • Cinematographer
  • Art designer
  • Film editor (in some cases)

Actors only perform roles based on the script and existing artistic direction; they do not directly create the film from a legal perspective regarding copyright. Therefore, film actors do not enjoy copyright rights over the film.

In rare cases, an actor may still become a copyright holder if:

  • They are simultaneously the scriptwriter or co-author of the work
  • They directly participate in creating the core content that determines the form of expression of the work
  • There is a written agreement acknowledging their authorship

In such cases, copyright and performer rights coexist, but must be clearly proven by specific legal grounds.

How are the rights of film actors protected?

Although they do not enjoy copyright protection, film actors are still protected by law through related rights, specifically the rights of performers.

The rights of performers include: Personal rights and property rights.

Personal rights of performers:

  • The right to have their name mentioned during performances
  • The right to have their image, reputation, and honor protected during the exploitation of their performance
  • The right to prevent others from distorting, altering, or damaging their reputation

Property rights of performers:

  • The right to permit or not permit the creation, copying, or broadcasting of their performance
  • The right to receive remuneration and royalties when the performance is commercially exploited
  • The right to receive material benefits from the use of their image, voice, and acting

Note: These rights may be transferred or agreed upon in the contract between the actor and the film producer.

The above is an article titled “Do Film Actors Have Copyright Rights?”. Hopefully, this information will help readers understand the rights of actors correctly and fully, as well as clearly distinguish between copyright and related rights.

Sincerely,

FAQ

1. Who is recognized as the author of a film?

The author of a film usually includes the screenwriter, director, composer, cinematographer, art designer, and in some cases, the editor – those who directly create the content and form of the work.

2. In what cases can an actor simultaneously hold copyright?

An actor can become the copyright holder if they are simultaneously the author or co-author of the script, directly participate in creating the core content of the work, or have a written agreement clearly stating their authorship status as stipulated by law.

Is it mandatory for the author and copyright owner to be the same person when registering a copyright?

In reality, many works are created directly by individuals, but the ownership belongs to an organization or another entity. This causes many people to wonder when registering copyright: is it mandatory for the author and copyright owner to be the same person? This article by VCD will help you.

Legal Regulations on Authors and Copyright Owners

Vietnamese Intellectual Property Law clearly distinguishes between authors and copyright owners; these are two independent entities with different legal statuses and scopes of rights. According to Clause 2, Article 4 of the 2005 Intellectual Property Law (amended and supplemented in 2022), an author is a person who directly creates all or part of a literary, artistic, or scientific work. Authorship is established based on the element of individual creativity, linked to the intellectual labor process, and does not depend on whether the work has been published or registered for protection.

Meanwhile, copyright ownership is understood as the organization or individual holding the property rights to the work. According to Article 37 of the Intellectual Property Law, copyright ownership can be the author himself, or another organization or individual who acquires ownership through legal grounds such as: the work was created as part of an assigned task; under a creative contract; through copyright transfer; through inheritance; or established according to the provisions of law. Thus, the law does not implicitly equate authorship with copyright ownership.

Therefore, it can be seen that the author is a subject associated with personal rights, while the copyright owner is a subject associated with property rights. This distinction is crucial for correctly identifying the subject named in the copyright registration application as well as the scope of protected rights.

Is it mandatory for the author and copyright owner to be the same person when registering a copyright?

Is it mandatory for the author and the copyright owner to be the same entity when registering a copyright?

Current intellectual property law does not require the author and the copyright owner to be the same entity when carrying out copyright registration procedures. In practice, it is common for these two entities to be different, especially in business environments, production and business activities, and professional creative fields.

According to Article 39 of the Intellectual Property Law, for works created under a task assigned by an organization or under a creative contract, the organization or individual assigning the task or signing the contract is the copyright owner, unless the parties agree otherwise. In this case, the individual directly creating the work is still recognized as the author, but the property rights belong to the entity that assigned the task or paid the creative fee. Furthermore, according to Article 45 of the Intellectual Property Law, the author or copyright owner has the right to transfer the property rights to the work to another organization or individual. After the transfer is legally completed, the transferee will become the copyright owner. When registering copyright, the Certificate may record the author as the individual creator, and the owner as the organization or individual receiving the transfer, along with documents proving the basis for establishing the right.

Therefore, when receiving a copyright registration application, the competent state agency will not consider whether the author and the owner are the same, but will focus on evaluating the legality of the basis for establishing ownership rights. As long as the application is complete, valid, and clearly shows the legal relationship between the author and the owner, having different names on the Certificate is entirely in accordance with the law.

Is copyright registration mandatory for a work?

According to Clause 1, Article 6 of the Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain tangible form, regardless of whether the work has been registered or not. This provision affirms that copyright registration is not a mandatory condition for a work to be protected by law.

However, in practical application of the law, copyright registration is of particular importance. According to Article 49 of the Intellectual Property Law, the Copyright Registration Certificate is legal evidence recording information about the author, owner, and the time of establishment of the right. In case of disputes, the Certificate significantly reduces the burden of proof for the rights holder, while also creating a clear advantage when requesting the competent authority to protect their legitimate rights and interests.

Therefore, although copyright registration is not legally mandated, carrying out this procedure is considered a proactive and necessary legal measure, especially for works with economic value, those that are commercially exploited, or those at risk of copyright infringement.

The above is the article “Is it mandatory for the author and copyright owner to be the same when registering copyright?” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

When registering a copyright, is it mandatory for the author and the copyright owner to be the same person?

No. The law allows the author and the copyright owner to be two different entities, as long as there is a valid legal basis for establishing ownership.

In the case where the author is not the copyright owner, how is copyright registration carried out?

The registration file will record the author as the creator of the work and record another organization or individual as the copyright owner, along with documents proving ownership.

Music copyright license

In the process of exploiting and using music for communication, business, or entertainment purposes, a music copyright license is an important legal basis that helps individuals and organizations use the work legally. Lack of understanding or neglecting the licensing procedure can lead to the risk of copyright infringement and legal penalties. This article will provide detailed information about music copyright licenses.

What is a music copyright license?

A music copyright license is a legal document issued by the copyright owner or their legally authorized representative to another individual or organization, permitting the use of a musical work within the agreed scope, purpose, duration, and form.

According to Vietnam’s Intellectual Property Law, music is a copyrighted work, including: songs, instrumental music, arrangements, beats, sound and video recordings, etc. The use of these works for commercial exploitation or widespread distribution requires a legal music copyright license, except for certain exceptions as stipulated by law.

When is a music copyright license required?

Not all uses of music require a license; however, in practice, most music exploitation activities require a license, especially when there is a commercial element. Some common cases requiring a music copyright license include:

Using music on YouTube, TikTok, and Facebook

  • Adding music to publicly uploaded videos
  • Livestreaming with background music
  • Advertising videos, product and brand introductions

Without a license, videos may be subject to copyright claims/strikes, monetization may be disabled, or they may be removed from the platform.

Playing music at business locations

  • Cafes, restaurants, hotels
  • Spas, gyms, shopping malls
  • Cinemas, amusement parks

Even if only background music is played, business owners must still obtain a license and pay royalties as required.

Organizing events, performances, and art programs

  • Live music shows
  • Corporate events, opening ceremonies
  • Ticketed or sponsored performances
  • Using music in films, TV commercials, and advertisements
  • Television and online advertising
  • Corporate introductory videos
  • Short films, feature films, documentaries
Music copyright license

Procedures for applying for music copyright licenses

In reality, the licensing process is not overly complicated, but it requires the applicant to correctly identify the type of rights to be applied for, the correct licensing authority, and provide complete information about the scope of music use. Below is the process for applying for a music copyright license, helping you easily understand and comply with current legal regulations.

Step 1: Identify the work and rights to be applied for

  • Song title, author
  • Form of use (online distribution, performance, advertising, etc.)
  • Scope, duration, and territory of use

Step 2: Contact the owner or representative

Submit a licensing request with detailed information about the purpose of exploiting the music.

Step 3: Agree on copyright fees

The fee for registering a music copyright license depends on the following factors:

  • Type of use
  • Duration of use
  • Scale of exploitation
  • Commercial nature

Step 4: Sign the contract and receive the license

After paying the fee, the user will be granted a legal music copyright license or a copyright licensing agreement.

Timeframe for issuing music copyright licenses

According to Clause 15, Article 1 of the 2022 Intellectual Property Law, the processing time for copyright and related rights registration applications is specifically stipulated as follows:

  • Within 15 working days from the date the competent state agency receives a complete and valid application, the applicant will be granted a certificate of copyright or related rights registration.
  • In case of refusal to issue the certificate, the competent agency is responsible for notifying the applicant in writing and clearly stating the reasons for not approving the certificate in accordance with the law.

Validity of music copyright licenses

The certificate of copyright or related rights registration is legally valid throughout the entire territory of Vietnam, without being limited by locality or place of issuance. This document is an important basis for confirming legal ownership of musical works and protecting the rights of authors and owners in case of disputes.

For certificates issued before the effective date of the amended and supplemented Intellectual Property Law, they continue to be recognized and retain their legal validity according to current regulations; no re-registration procedure is required.

The above article, “Music copyright license,” helps you understand the legal regulations related to the use and exploitation of musical works. Proactively obtaining a complete copyright license not only helps avoid the risk of penalties but also ensures your legal rights throughout the usage process.

Sincerely,

FAQ

1. Who has the authority to issue music copyright licenses?

Music copyright licenses are issued by the author, copyright owner, or collective rights management organizations such as the Vietnam Copyright Protection Center for Music (VCPMC) and other legally authorized entities.

2. Will I be penalized for not obtaining a music copyright license?

Yes. Using music without a legal license can result in administrative penalties, forced removal of infringing content, compensation for damages, and damage to the reputation of individuals or businesses.

In what cases can published works be copied without the author’s permission?

Not all acts of copying published works are considered copyright infringement. In certain cases, the law allows individuals and organizations to use a work without the author’s or copyright owner’s permission. This article will explain the cases in which published works can be copied without the author’s permission.

Cases in which published works can be copied without the author’s permission

According to Clause 7, Article 1 of the 2022 Intellectual Property Law, the law allows organizations and individuals to copy and use published works without the author’s or copyright owner’s permission in the following cases:

  • Individuals making a single copy for scientific research or educational purposes, provided it is not for commercial purposes.
  • Copying a reasonable portion of the work using copying devices for personal and non-commercial research and study.
  • Using the work appropriately to illustrate teaching activities, including lectures, publications, performances, audio and video recordings, or broadcasts for educational purposes.
  • Exploiting and using the work in the official activities of state agencies.
  • Making reasonable quotations from the work, without distorting the content, for the purpose of commentary, introduction, or illustration; using it in newspapers, periodicals, broadcasts, or documentaries.
  • Using the work in non-commercial library activities, including copying the work for storage and preservation; copies must be marked as archived and access must comply with the laws on libraries and archives.
  • Making reasonable copies of a portion of the work using copying devices for others for research and study. • Copying or transmitting works in interlibrary activities via computer networks, provided that the number of simultaneous users does not exceed the number of copies owned by the libraries.
  • Performing art forms such as theater, music, and dance in cultural activities or propaganda and promotional activities, not for commercial purposes.
  • Photographing, filming, and broadcasting works of fine art, architecture, photography, and applied art displayed in public places for the purpose of showcasing the works, not for commercial purposes.
  • Importing copies of other people’s works for personal use, not for commercial purposes.
  • Republishing lectures, speeches, and public presentations in newspapers, periodicals, broadcasts, or other media for the purpose of providing current information, except when the author has declared a copyright.
  • Recording, filming, photographing, and broadcasting events for news reporting, including the use of works seen or heard at those events.
  • In cases where visually impaired persons, persons unable to read print, or persons with disabilities cannot access the work in the usual way; caregivers, foster parents, or organizations meeting the legal requirements.

Note: The use of the work in the above cases must not affect the normal exploitation of the work, must not infringe upon the legal rights and interests of the author and copyright owner; and must clearly state the author’s name and the source of the work. However, the act of making a single copy for personal research or teaching, and copying works for library storage, does not apply to architectural works, sculptural works, and computer programs.

In what cases can published works be copied without the author's permission

What are the penalties for intentionally copying a published work without the author’s permission?

The act of intentionally copying published works without the author’s or copyright owner’s permission will be subject to administrative penalties and, in some cases, may lead to criminal prosecution, depending on the nature and severity of the violation.

Administrative penalties for copyright infringement

According to Decree 28/2017/ND-CP, individuals who illegally copy copyrighted works may be subject to:

  • Fines ranging from VND 15,000,000 to VND 35,000,000.
  • Double fines for organizations, ranging from VND 30,000,000 to VND 70,000,000.

In addition to fines, violators may also be subject to remedial measures, including:

  • Being compelled to cease the copyright infringement.
  • Being compelled to remove or destroy the infringing copies.
  • Being compelled to compensate the author or copyright owner for damages as stipulated by civil law.

Criminal prosecution (if the violation is serious)

In cases where the illegal copying is carried out for commercial purposes, resulting in significant illicit gains or causing serious damage, the violator will face further penalties. They may be prosecuted under Article 225 of the Penal Code, with the following penalties:

  • Fines
  • Non-custodial correctional sentences
  • Imprisonment according to the corresponding penalty range

Note: Copying works is only exempt from permission in cases permitted by law (such as for research, teaching, news information, etc.). If it exceeds the permitted scope or has a commercial purpose, the act of copying is still considered copyright infringement.

The above is the article “In what cases can published works be copied without the author’s permission?”. Hopefully, it will help you understand the cases where the law allows the use of works without the author’s or copyright owner’s permission.

Sincerely,

FAQ

1. Can an individual copy a work for study or research without the author’s permission?

Yes. Individuals are allowed to copy one copy or reasonably copy a part of a work for the purpose of study or scientific research, provided it is not for commercial purposes and does not exceed the scope permitted by law.

2. When copying a work without the author’s permission, is it necessary to include the author’s name and the source of the work?

Yes. Even in cases where permission is not required, organizations and individuals using the work must still clearly state the author’s name and the source of the work, and must not distort the content or meaning of the original work.

Can a revoked copyright and related rights examiner’s license be reissued?

Copyright and related rights examiner’s cards are important legal documents authorizing individuals to conduct examinations in the field of intellectual property. However, in some cases, the examiner’s card may be revoked by the competent authority. So, Can a revoked copyright and related rights examiner’s license be reissued? Let’s find out in the article below.

What is a copyright and related rights examiner’s card?

A copyright and related rights examiner’s card is a document issued by a competent state agency to an individual who meets the requirements, allowing that person to conduct professional examinations in the field of copyright and related rights.

Copyright and related rights experts are responsible for providing expert opinions to serve the following purposes:

  • Resolving copyright and related rights disputes
  • Handling intellectual property infringement
  • Litigation in courts and arbitration
  • Requests from state management agencies or relevant individuals and organizations

The expert’s card is not only a legal basis for professional activity but also reflects the prestige, professional competence, and legal responsibility of the cardholder.

In what cases is a copyright and related rights expert card revoked?

According to Clause 5, Article 98 of Decree 17/2023/ND-CP, the copyright and related rights expert’s card will be revoked by the competent authority in one of the following cases:

  • No longer meeting the professional requirements for expert assessment: If the cardholder no longer meets the standards and conditions of a copyright and related rights expert as stipulated in Article 93 of Decree 17/2023/ND-CP, the issued expert’s card will be revoked.
  • Committing illegal acts in expert assessment activities: If the expert commits illegal acts during the expert assessment process and the competent state agency recommends the revocation of the card, the expert’s card will also be subject to revocation.
  • Copyright and related rights expert cards issued improperly: In cases where there is evidence to determine that the issuance of expert cards does not comply with legal regulations, the competent authority will revoke the issued cards.

Furthermore, according to Clause 6, Article 98 of Decree 17/2023/ND-CP, the specialized state management agency on copyright and related rights under the Ministry of Culture, Sports and Tourism is responsible for compiling and publicly publishing the list of expert cards according to the decisions on issuance, re-issuance, or revocation of cards on the official website of this agency.

Can a revoked copyright and related rights examiner's license be reissued

Can a revoked copyright and related rights examiner’s license be reissued?

This is a matter of concern for many expert cards and organizations. However, copyright and related rights expert cards can be reissued, but this does not apply to all cases.

Cases considered for card reissuance

An appraiser may be considered for card reissuance if:

  • The reason for revocation is not a serious violation
  • The individual has fully rectified any previously missing conditions
  • The individual meets all the standards and conditions stipulated by law at the time of the reissuance request

Example: The card was revoked due to no longer meeting the professional qualifications at a certain point in time, but the individual has subsequently supplemented the necessary qualifications, experience, or conditions.

Cases not considered for card reissuance

Conversely, an appraiser’s card will not be reissued if:

  • It was revoked due to fraudulent conduct or serious violations of professional ethics
  • Intentionally falsifying appraisal conclusions causing serious consequences
  • Using the card for illegal purposes

In these cases, not reissuing the card is a measure to protect the transparency and reliability of appraisal activities.

Procedure for reissuing a card

When eligible, individuals wishing to have their card reissued must follow the prescribed procedures, including:

  • Application for card reissuance
  • Documents proving that the cause of revocation has been rectified
  • Documents proving that all requirements for becoming a copyright and related rights expert have been met

The competent authority will review the application and decide on the reissuance of the card based on legal and practical considerations.

The above article, “Can a revoked copyright and related rights expert card be reissued?”, VCD hopes you understand the cases of revocation and the possibility of reissuance according to legal regulations. Card reissuance depends on the cause of revocation and the fulfillment of all required conditions; therefore, experts must strictly adhere to legal regulations during their professional practice.

Sincerely,

FAQ

1. Which agency has the authority to decide on the re-issuance of copyright and related rights expert cards?

The specialized agency for state management of copyright and related rights under the Ministry of Culture, Sports and Tourism is the competent unit to consider and decide on the re-issuance of expert cards in accordance with the law.

2. What documents are needed when applying for a re-issuance of a copyright and related rights expert card?

The applicant must submit the required documents, including a written request for re-issuance and documents proving that the cause of revocation has been rectified, and that all conditions of a copyright and related rights expert are met at the time of application.

Are architectural design drawings protected by copyright?

Architectural design drawings not only serve as technical documents for construction but also represent the intellectual creations of architects and design firms. So, are architectural design drawings protected by copyright, and what does Vietnamese law stipulate regarding this? This article will help you answer this question and highlight important points to note.

What are architectural design drawings?

Architectural design drawings are a collection of drawings that express the ideas, spatial solutions, forms, structures, functions, and aesthetics of a construction project. They are creative products formed during the intellectual work of architects or design consulting firms.

Essentially, architectural design drawings can include:

  • Overall site plan, floor plans
  • Building elevations, cross-sections
  • Perspective drawings, 3D simulations
  • Basic design documents, technical design documents, construction drawings

Each drawing not only shows technical specifications but also reflects the unique creative imprint of the designer. This creative element is the basis for considering copyright protection for architectural design drawings.

Are architectural design drawings protected by copyright?

Are architectural design drawings protected by copyright?

According to Vietnam’s Intellectual Property Law, copyright is protected for works created directly by individuals or organizations through intellectual labor and expressed in a certain physical form, regardless of the purpose of use, value, or form of expression of the work. This principle applies generally to all creative fields, including architecture and construction. Specifically, Article 14 of the 2022 Intellectual Property Law clearly stipulates the types of works protected by copyright, including: “Architectural works; drawings, diagrams, maps, designs related to architecture and construction…”.

Architectural design drawings are identified as a form of architectural work and technical graphic work, and therefore fall within the scope of copyright protection. Copyright automatically arises as soon as the drawing is completed and presented in a specific form such as a paper drawing, technical design file, CAD drawing, 3D model, or electronic design document, regardless of registration or publication.

Thus, architectural design drawings are fully protected by copyright under Vietnamese law, and correctly understanding and applying this regulation will help individuals and organizations in the architecture and construction field proactively protect their legitimate rights, minimize the risk of disputes, and enhance the legal value of design documents.

Scope of copyright protection for architectural design drawings

When protected by copyright, architectural design drawings are not only legally recognized but also comprehensively protected in terms of both personal and property rights. This is an important basis for authors and copyright owners to control the use, exploitation, and protection of the creative value of the drawings in practice.

The author’s personal rights

Personal rights are those rights directly associated with the individual author – the person who directly created the design drawing. According to the law, the author of architectural design drawings has the following personal rights:

  • To name the work
  • To use their real name or pseudonym on the drawing
  • To publish or allow others to publish the work
  • To protect the integrity of the drawing, preventing others from modifying, cutting, or distorting the design content

Note: Except for the right to publish, the above-mentioned personal rights are protected indefinitely by law, even after the protection period of the property rights has expired.

Property rights over design drawings

Besides personal rights, property rights are a group of rights associated with the economic exploitation potential of design drawings. The copyright holder of architectural design drawings (who may be the author or an organization/individual to whom the rights have been transferred) has the following rights:

  • Copying the drawings
  • Distributing, transferring, and leasing the drawings
  • Permitting the use of the drawings for construction
  • Commercially exploiting the design drawings

Note: The protection period for property rights in architectural works lasts for the author’s lifetime and 50 years after the author’s death.

The above article answers the question “Are architectural design drawings protected by copyright?”. Hopefully, this information will help individuals and organizations minimize the risk of disputes and effectively protect the creative value in architectural and construction activities.

Sincerely,

FAQ

1. What rights are included in copyright for architectural design drawings?

Copyright includes the author’s moral rights (such as naming, having one’s name on the drawing, and protecting the integrity of the work) and the owner’s property rights (such as copying, using, transferring, and commercially exploiting the drawing).

2. What are the benefits of registering copyright for architectural design drawings?

Registering copyright helps create clear legal evidence in case of disputes, easily proves ownership, limits unauthorized copying, and enhances the legal value of the design documents.

Is it possible to register copyright in the name of the legal representative?

In business practice, the legal representative is usually the person directly managing, operating, and participating in the creation of many intellectual products such as logos, internal documents, advertising publications, software, or training content. When registering copyright for these works, many businesses wonder whether it is possible to register copyright in the name of the legal representative, or if it must be in the name of the company. Identifying the correct registrant not only affects the legal validity of the Certificate but also plays a crucial role in managing and exploiting the company’s intellectual property.

What is copyright registration?

According to Clause 1, Article 6 of the 2005 Intellectual Property Law (amended and supplemented in 2022), copyright arises from the moment a work is created and expressed in a certain tangible form, regardless of whether or not it is registered. Therefore, copyright registration is not a condition for the creation of copyright.

However, according to Articles 49 and 53 of the Intellectual Property Law, copyright registration is an administrative procedure carried out by the Copyright Office to record information about the work, the author, and the copyright owner. The copyright registration certificate is the initial legal evidence to determine the status of the rights holder and the time of establishment of the rights, and is especially important in cases of disputes, complaints, or handling of copyright infringement.

Therefore, although not mandatory, copyright registration is considered a necessary legal measure to protect the legitimate rights and interests of authors and copyright owners, especially in the business environment.

Is it possible to register copyright in the name of the legal representative?

Is it possible to register copyright in the name of the legal representative?

According to the Intellectual Property Law, the person named on the Copyright Registration Certificate must be the actual author and/or copyright owner of the work. The law does not recognize registration based solely on title or management position, including the legal representative of a business.

Based on Article 13 of the Intellectual Property Law, an author is an individual who directly creates a work through their intellectual labor. Therefore, if the legal representative directly creates the work and there is no agreement to transfer the rights to the business, then this person is recognized as the author and may simultaneously be the copyright owner. In this case, registering the copyright in the name of the legal representative is in accordance with the law, but in their personal capacity, not as a business representative.

Conversely, according to Article 39 of the Intellectual Property Law, for works created as part of a task assigned by an organization or under an employment contract, the organization is the owner of the property rights to the work, unless the parties agree otherwise. In this case, even if the legal representative directly participated in the creation, the Copyright Registration Certificate must still recognize the business as the copyright owner, while the individual is only recognized as the author. Registering the copyright in the name of the legal representative instead of the business is inconsistent with the legal nature of the right.

Furthermore, according to Articles 45 and 46 of the Intellectual Property Law, the author or copyright owner has the right to transfer the property rights to the work to other organizations or individuals through a contract. If the original legal representative was the copyright owner but has transferred the rights to a business, then after the transfer takes effect, the business becomes the copyright owner and the entity named on the Certificate of Copyright Registration. In this case, continuing to register under the legal representative’s name would not accurately reflect the legal status of the rights.

In short, a legal representative can only register a copyright if they are actually the author or copyright owner, not simply because they represent the business.

The Role of Copyright Registration for Businesses

For businesses, copyright registration is a crucial legal tool for establishing and managing intellectual property. A copyright registration certificate helps businesses prove their legal ownership of works they have invested in, commissioned, or acquired through transfer, thereby creating a solid foundation for commercial exploitation, licensing, transfer, or capital contribution using copyright.

In addition, in case of disputes, a copyright registration certificate reduces the burden of proof for businesses, making it easier to request competent authorities to handle infringement through civil, administrative, or criminal measures. Registering under the correct name, avoiding registration under an incorrect capacity, also helps businesses limit the risk of internal disputes, especially disputes between individual creators and businesses regarding copyright ownership.

Therefore, accurately identifying who is the registered copyright holder is not only a legal requirement but also a key element in a business’s strategy for protecting and exploiting intellectual property.

The above is the article “Is it possible to register copyright in the name of the legal representative?” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

Can the copyright certificate bear the name of the legal representative instead of the business name?

No, except in cases where the legal representative is the copyright owner; if the rights belong to the business, the business name must be included.

In the case where the legal representative is the author, does the business need to indicate any role on the certificate?

Only when there is an agreement to transfer rights can the business be recognized as the owner; Otherwise, the business does not automatically have rights to the work.

Registering song copyrights online

As music spreads rapidly online, registering song copyrights online has become an effective solution for authors to proactively establish their copyright and minimize the risk of copyright infringement. Let’s explore how to register song copyrights online in this article!

Reasons to register song copyrights online?

In the context of music being created, shared, and exploited increasingly on digital platforms, registering song copyrights online is not only a solution to protect the author’s rights but also a necessary step to assert legal ownership of the work from the outset.

  • Quickly Protect Author’s Rights: Registering song copyrights online helps establish authorship officially, creating a clear legal basis to protect creative work against the risk of unauthorized copying and use.
  • Saves time and costs: Compared to submitting applications in person, online registration significantly reduces travel time, allows for proactive preparation of documents, and provides convenient tracking of the processing progress.
  • Strong legal evidence in case of disputes: A copyright registration certificate is crucial evidence to prove ownership of a song in case of disputes, complaints, or copyright infringement.
  • Facilitates commercial exploitation of the song: Copyright registration makes it easier for authors and owners to transfer, license, and collect royalties from digital platforms, performance programs, or music exploitation entities.
  • Reduces the risk of copyright infringement: Early registration helps prevent others from registering or claiming ownership of your song, especially in the digital environment.
  • In line with the trend of digitizing administrative procedures: The online registration method aligns with the digitalization trend, allowing authors in all provinces and cities to complete the procedure quickly, transparently, and conveniently.
Registering song copyrights online

Conditions for online song copyright registration

For the application to be accepted and a certificate issued, the applicant must meet all the conditions for online song copyright registration as stipulated by current law.

  • The song must be a legally created musical work, either directly composed by the applicant or legally transferred, and must not infringe on the copyright of a third party.
  • The applicant must possess the copyright or legal ownership of the song.
  • The work must be expressed in a physical form such as sheet music, lyrics, or sound recording.
  • The online registration application must be complete, accurate, and consistent with the paper application submitted to the Copyright Office.
  • The applicant must follow the correct procedures and pay all required fees.

Meeting all the above conditions will help ensure that online song copyright registration is quick and valid.

Online song copyright registration application documents

Currently, online copyright registration for musical works is considered a step in the overall copyright registration process. Therefore, online applications must be prepared completely, accurately, and must match the paper application submitted to the Copyright Office. If the application is inconsistent or lacks required documents, the review process may be delayed or rejected.

Typically, a complete application for copyright registration of a musical work will include:

  • Copyright registration application form;
  • Copyright commitment letter;
  • Copies of legal documents of the author or copyright owner such as Citizen Identification Card/Passport; Business registration certificate; Establishment decision (for organizations);
  • Decision assigning the task or confirmation document in cases where the work was created at the request or for an assigned task;
  • Power of attorney if the applicant does not directly carry out the procedure;
  • Other relevant documents used to prove legal ownership of the work.

All documents in the registration application must be in Vietnamese. If using documents in a foreign language, they must be translated into Vietnamese and notarized or certified according to regulations before submission.

Note: Musical works may be created by one or more people, and in some cases, the person directly composing is only an employee, not the copyright owner. Therefore, when registering copyright, it is necessary to clearly define the role of each party and prepare all corresponding legal documents. If the application is incomplete or inaccurate, the Copyright Office may refuse to accept or issue a Certificate of Copyright Registration.

Online song copyright registration process

To protect copyright quickly and conveniently, online song copyright registration must be carried out according to the procedures stipulated by the competent authority.

Step 1

Access the online public service portal at: dichvucong.bvhttdl.gov.vn.

On the system interface, select the processing agency as “Copyright Office”. A list of administrative procedures related to copyright will be displayed. The applicant selects the procedure “Issuance of Copyright Registration Certificate” and clicks “Submit Application”.

If you already have an account, log in to continue filling out the form; if you do not have an account, you need to register a new account according to the system’s instructions.

Step 2

After logging in, the system will return to the homepage. The applicant continues to select

Copyright Office, select the procedure “Issuance of Copyright Registration Certificate” and proceed to declare the application information. The information to be filled in includes:

  • Identifying the applicant as an individual or organization;
  • Legal documents: Citizen Identification Card/National Identity Card/Passport (for individuals) or Business Registration Certificate (for organizations);
  • Contact information: address, phone number, email.

Step 3

Select the “Enter registration details” function and declare the information related to the musical work, including:

  • Title of the musical work;
  • Author’s name;
  • Copyright owner.

Step 4

Attach the registration documents as required for each type of application. Necessary documents will be uploaded to the system as electronic files. If additional documents are required, the applicant can select “Add documents” to complete the application.

Step 5

After attaching the documents, choose the method of submitting the application and receiving the results. The applicant can choose:

  • Receive the results directly at the Copyright Office; or
  • Receive the results by mail and provide a specific delivery address.

Step 6

Review all the information you have entered, select “Submit Application” to complete the online music copyright registration process.

Note: Although the registration is done online, the applicant still needs to submit the original application to the Copyright Office as required to be considered for the issuance of a Copyright Registration Certificate.

The above is basic information about “Online Song Copyright Registration” that VCD shares with you. Early registration not only protects creative value but also creates a solid legal foundation for the safe and effective exploitation, use, and commercialization of musical works.

Sincerely,

FAQ

1. Is online song copyright registration legally valid?

Yes. The copyright certificate issued after online registration has the same legal validity as submitting the application directly to the Copyright Office.

2. Who can register song copyright online?

The author who directly composed the song, or the organization or individual who legally owns the copyright through transfer or inheritance, can register the song’s copyright online.

Things to note when registering copyright for songs on YouTube

Registering copyright for songs on YouTube not only helps authors assert ownership of their work but also serves as an important basis for protecting their rights in case of disputes or unauthorized copying. However, caution is needed when registering copyright for songs on YouTube to avoid violating policies and minimize the risk of counterclaims.

Procedure for registering song copyright on YouTube

Before registering on YouTube, you need to complete the copyright registration for your song according to Vietnamese law. The basic procedure includes submitting the registration documents to the receiving agency.

Song Copyright Registration Documents:

  • Copyright Registration Application Form
  • Copy of the author/owner’s identification document
  • Sound recording, musical score, or lyrics
  • Declaration that the work is original and not copied
  • Power of Attorney (if submitted through a representative agency)

Receiving Authority:

  • Copyright Office – Ministry of Culture, Sports and Tourism
  • Or representative offices in Ho Chi Minh City and Da Nang

After receiving the Copyright Registration Certificate, you will be legally eligible to proceed with the steps to register the song copyright on YouTube.

Things to note when registering copyright for songs on YouTube

How to register song copyright on YouTube

To protect your legal rights to songs uploaded to YouTube, the owner needs to register the copyright according to the correct procedure. Below are the steps for registering song copyright on YouTube that are commonly applied today.

Step 1: Choose the appropriate copyright protection method

Currently, registering copyright for songs on YouTube can be done in two main ways, depending on the needs and conditions of the author or owner:

  • Registering copyright through the usual procedure at the competent State agency (Copyright Office). This method helps establish copyright and related rights according to Vietnamese law.
  • Registering copyright through YouTube’s policy via the Content ID system. This is a tool provided by YouTube to identify, manage, and exploit copyrighted music content on the platform.

In practice, many owners choose to combine both methods to ensure legal basis while effectively controlling and monetizing on YouTube.

Step 2: Prepare the necessary documents

Depending on the registration method, the required documents will vary. For registration under YouTube’s Content ID policy:

  • Complete the registration form provided by YouTube or its Content ID partner;
  • Provide the original audio file, author information, and copyright owner information.

For copyright registration under the standard procedure, the application for copyright registration of a song on YouTube includes:

  • Copyright/related rights registration application form in Vietnamese, fully detailing the applicant, author, copyright owner, completion date of the work, summary of content, audio/video recording, responsibility commitment, etc. The application form must be signed or fingerprinted by the author or copyright owner;
  • CD or storage device containing the song or video content to be registered;
  • Power of attorney (if submitting the application through a representative);
  • Written consent from co-owners (if any);
  • Documents proving ownership, such as certificates of original creation, creative contracts, or contracts for the transfer or assignment of copyright.

Step 3: Submit the registration application

  • For Content ID registration: After filling out the form completely, the owner only needs to submit the request for review on the system. The review process typically includes a certain number of videos on the YouTube channel and meeting the criteria set by YouTube’s policy. The review time depends on the platform’s internal procedures.
  • For applications submitted to the Copyright Office: Applications are received and evaluated for the issuance of a Certificate of Copyright or Related Rights. The processing time is usually around 15 working days from the date the application is deemed valid.

Step 4: Receiving Results and Managing Copyright

After review:

  • For Content ID, the YouTube channel or content will display a confirmation status. Videos using the song without permission may then be blocked, monitored, or revenue transferred to the owner according to the selected settings.
  • For registrations under government procedures, the owner will receive a Certificate of Copyright/Related Rights Registration, which is an important legal basis for handling copyright infringement on YouTube and other platforms.

Things to note when registering copyright for songs on YouTube

When registering song copyright on YouTube, authors and copyright owners need to pay special attention to the following important issues to avoid legal risks and ensure their legitimate rights:

  • Clearly distinguish between author’s copyright and YouTube copyright: Registering copyright with the Copyright Office establishes ownership rights under Vietnamese law, while YouTube’s Content ID system is merely a tool for managing and identifying content on the platform. Having a copyright certificate does not automatically mean the video will be protected or blocked from copying on YouTube if it is not properly registered or managed within the platform’s system.
  • Ensure the song is legally owned or authorized by you: Only register copyright and file content claims on YouTube for songs where you are the author, co-author, or legal copyright owner. • If a song has multiple composers, arrangers, or production companies involved, clear documentation proving ownership is necessary to avoid disputes and counterclaims.
  • Check for third-party content use: If the song uses beats, samples, background music, chord progressions, or arrangements purchased from audio libraries, carefully check the scope of usage rights. Many copyright claims on YouTube are still filed due to incomplete commercial exploitation or distribution rights.
  • Provide accurate and consistent information: The title of the work, author’s name, publication date, copyright owner, etc., must be absolutely consistent when registering copyright and when declaring to YouTube. Inaccurate or inconsistent information can lead to the rejection of copyright verification requests or make dispute resolution difficult.
  • Be cautious when submitting copyright claims: YouTube has a strict mechanism for handling false or abusive claims. If you submit a video removal request without clear grounds, your account may be warned or have its usage restricted. Therefore, you should only file a complaint when you have sufficient legal evidence proving ownership of the song.
  • Keep complete records and evidence of copyright: Copyright registration certificates, transfer contracts, co-authorship agreements, original song files… are important documents that need to be carefully preserved. This will be the basis for protecting your rights in case of copyright disputes on YouTube.

The above are “Important notes when registering copyright for songs on YouTube that authors and copyright owners need to know before uploading their works to the digital platform.” If you still have questions about the procedures or need assistance with copyright registration and verification, authors should seek professional consulting services for accurate and safe guidance.

Sincerely,

FAQ

1. Is registering copyright for songs on YouTube mandatory?

It is not mandatory according to the law, however, copyright registration helps protect ownership rights of the work, prevents unauthorized copying, and limits the risk of disputes when exploiting content on YouTube.

2. Can songs that are not copyrighted be uploaded to YouTube?

Songs can still be uploaded to YouTube, but if they are not copyrighted, it will be very difficult for the author to prove ownership in case of infringement or when someone else claims copyright first.