Author: Editor VCD

Is it possible to refuse to inherit the copyright?

Written by Editor VCD on 15 February, 2024. Posted in Copyright Registration.

The Intellectual Property Law stipulates that the copyright owner is the heir. Therefore, can the heir deny his or her inheritance rights? Please read VCD’s article for more detailed information.

1. Inheritance of copyright

Copyright is the right of organizations and individuals to works they create or own. Copyright includes personal rights and property rights, some of which can be inherited according to the provisions of civil law.

An individual’s assets can be objects, money, valuable papers, and property rights, with property rights included in copyright. Therefore, when the individual who owns the copyright dies and leaves his or her assets to his or her heirs, the copyright will naturally become an inheritance.

Article 40 of the Intellectual Property Law has regulations on copyright owners being heirs, specifically:

“Organizations and individuals that inherit copyright rights according to the provisions of the law on inheritance are the owners of the rights specified in Article 20 and Clause 3, Article 19 of this Law.”

Accordingly, the person who inherits according to the will or law will become the owner of these inheritances. However, the heir does not inherit all copyright but is only the owner of the rights to publish the work and the property rights in the copyright.

2. Refuse to inherit the work

On that basis, Article 40 of the Intellectual Property Law stipulates that individuals can inherit copyright, but only certain rights. Regarding moral rights, individuals can only inherit the right to publish the work or allow others to publish the work. Other personal rights cannot be inherited because these rights are attached to each individual, usually name, reputation, honor, dignity… only that individual can exercise. As for property rights, they are fully inherited according to the provisions of law like the author or original copyright owner of the work, specifically the following rights:

Making derivative works;

Performing works in public;

Copying works;

Distributing or importing originals or copies of works;

Communicate works to the public by wire, wireless, electronic information networks, or any other technical means;

Rent originals or copies of cinematographic works and computer programs.

Refusal to receive inheritance is carried out according to the provisions of the Civil Code 2015. Accordingly, the heir has the right to refuse to receive the inheritance. The refusal to receive the inheritance must be made in writing and must be expressed before the time of inheritance division specified in Article 620 of the Civil Code as follows.

“1. The heir has the right to refuse to receive the inheritance, except in cases where the refusal is to avoid performing his or her property obligations to others.

2. Refusal to accept the inheritance must be made in writing and sent to the estate manager, other heirs, and the person assigned to divide the estate for information.

3. Refusal to accept the inheritance must be expressed before the time of division of the inheritance.”

Meanwhile, individuals have the right to refuse to accept inheritance as copyright and must comply with the conditions prescribed by the Civil Code. In case the heir refuses to accept the inheritance and the work is still within the protection period, the work will belong to the State according to the provisions of Intellectual Property Law.

Is scanning considered a form of copying works?

Written by Editor VCD on 7 February, 2024. Posted in Copyright Registration.

Scanning is one of the popular ways that users scan hard-copy documents to save them as image files on computers and phones. From a legal perspective, are document scanning activities a form of copying works? Please read “Is scanning considered a form of copying works?” VCD’s article to learn more.

1. Is scanning considered copying a work?

Scanning is the process of converting data on paper, documents, and images on paper into data, images, and files stored on computers or phones through a scanner, printer with a scanning feature, or via an application. Use scanning on your smartphone.

According to the provisions of Clauses 4 and 5, Article 3 of Decree No. 17/2023/ND-CP, originals and copies of works are defined as follows:

“4. The original of a work is the copy that exists in material form on which the creation of the work was first shaped.

5. A copy of a work is a direct or indirect copy of all or part of the work by any means or form.”

At the same time, Clause 10, Article 4 of the Intellectual Property Law clearly states that copying is the creation of one or more copies of a work or audio or video recording by any means or form, including making copies in electronic form.

From the above regulations, we can see that scanning is essentially creating a copy of the original work in electronic form, so this is the act of copying the work.

2. Does scanning a work require permission from the author?

The right to copy a work is one of the property rights that the author, copyright owner exclusively exercises or allows others to exercise as prescribed in Clause 1, Article 20 of the Intellectual Property Law.

Every organization and individual, when exploiting and using one, some or all of personal rights and property rights, must ask for permission and pay royalties, remunerations, and other material benefits to the right owner or author. The act of copying a work without the permission of the author or copyright owner is a violation of copyright.

However, some exceptional cases allow the copying of works without permission, payment of royalties, or remuneration to the author as stipulated in Points a and dd, Clause 1, Article 25 of the Intellectual Property Law, including:

Self-copy a copy for personal scientific research and teaching purposes;

Copy the work to store in the library for research purposes.

Therefore, scanning is one of the forms of copying works, and depending on the purpose of copying, organizations, and individuals must ask for permission, pay royalties, and remuneration to the author or not need to. However, it is necessary to respect the author and copyright when copying works. When using, you must clearly state the author’s information and source from the original work.

The quickest way to get copyright permission for YouTube music?

Written by Editor VCD on 5 February, 2024. Posted in Copyright Registration, Musical work.

YouTube is the world’s largest video-sharing platform founded in 2005. With billions of users around the world, this platform allows users to experience a variety of services from entertainment videos, short films, news… and music is one of the most popular services on the platform. However, musical works or songs are one of the protected subjects of the Intellectual Property Law, as well as protected by YouTube. Therefore, to avoid copyright infringement, the article below will highlight the fastest ways to apply for music copyright permission on the YouTube platform.

1. What is copyright for musical works?

Copyright for musical works is a form of copyright in general, specified in Clause 2, Article 4 of the Intellectual Property Law as follows: “Copyright is the right of organizations and individuals to the work.” According to the provisions of Clause 4, Article 6, Decree No. 17/2023/ND-CP guiding the Law on Intellectual Property, “4. Musical works specified in Point d, Clause 1, Article 14 of the Intellectual Property Law are works expressed in the form of notes in music or other musical characters regardless of whether they are performed or not”. Therefore, it can be understood that musical works do not necessarily have to be expressed in tangible form as notes and musical characters, but can also be expressed in sound form, and are not required to be performed to act.

When a song is introduced to the public, that song is the creative result of the Musician (person who composes the musical work), the performer or presenter of the work (singer, musician,…), and Music Producers (audio recording, video recording of performances). Accordingly, Vietnamese intellectual property law protects copyright for organizations and individuals who create or own musical works and protects rights related to copyright for organizations and individuals who create or own musical works with performances, audio recordings, and video recordings.

Copyright for musical works is the scope of rights of the copyright owner and the author of musical works recognized and protected by law, including rights already owned by law intellectual recognition. The legal relationship of copyright to musical works is an absolute civil legal relationship between the subjects of copyright to musical works and the remaining subjects in society who have obligations to respect the rights of rights bearers.

2. Basis for arising copyright for musical works

Copyright in musical works is based on a series of rules that protect the work and protect copyright. In most countries, copyright in a musical work arises automatically when the work is created and recorded in a particular medium.

According to the provisions of the current Vietnamese Intellectual Property Law, copyright for musical works arises from the time the work is created; and is expressed in a certain material form; regardless of content or quality; form, means, language; published or not published; registered or not registered.

The quickest way to get copyright permission for YouTube music?

3. How to apply for music copyright permission on YouTube

YouTube is a large platform with very strict music copyright regulations to protect the rights and interests of creators, authors, or copyright owners. The proof is that YouTube provides three different ways to protect authors: Forms, Copyright Match Tool, and Content ID.

Obtaining music copyright permission is important to comply with copyright laws and avoid legal consequences on YouTube. Always refer to the license document and agreement before using music, and comply with the terms specified. Therefore, to apply for music copyright permission to use on YouTube, several ways can be applied as follows:

Contact the copyright owner directly: The most common way is to find out who owns the music copyright and contact them directly. You can email or find contact information on their website, or via social media if they have a presence there. Clearly describe your purpose and how you want to use the music.

Use music copyright management services (Music Licensing Services): There are music copyright management services such as SoundExchange, BMI, ASCAP, and SOCAN (depending on the country) that you can contact for permission and collect track usage fees. They can help you find out who owns and manages the usage rights.

Use free or licensed music: Several free music sources on YouTube or websites specialize in providing free music with clear usage licenses. Note that you must comply with the license terms when using this music.

Find music that uses a Creative Commons license: If you want to find music to use without having to pay a fee or get a separate license, you can search for music that has a Creative Commons license on sites like Creative Commons Music or Free Music Archive. However, you must still comply with the terms of the license.

Use YouTube music library: YouTube offers a free music library to video creators on their platform. You can use music from this library in your videos without worrying about asking for separate permission.

Above is the article: “The quickest way to get copyright permission for YouTube music?”. Hope this article will help you.

Copyright protection for program script

Written by Editor VCD on 5 February, 2024. Posted in Copyright Registration, Written works.

To create a complete program, full of content, operating according to each specific plan, and suitable to the audience’s tastes, the program must have a good and complete script. Therefore, to ensure that the effort and money spent on creating the script is not copied, copyright protection of the program script is essential. We invite you to follow VCD’s article below to learn about program script copyright protection.

1. What is the program script?

A program script can be understood as a detailed description of the content and process of a television program, radio program, or live event. It defines the main parts of the program, including the introduction, goals, content, conversation script between the host and guests, and different parts to build harmony and flow, of the program.

The show script provides a guide for the host and film/television crew members on how to professionally express, interact, and execute the show, ensuring that the show runs smoothly. shared and planned.

At the same time, help ensure that everyone involved in the program has a clear guide to expression, content, and workflow. This is also a useful tool to organize and control program time effectively.

2. Copyright protection of the program script

Program script copyright protection is a method and measure used by competent state agencies to create a legal corridor to protect the legitimate rights and interests of program script copyright owners. process as well as related entities, against any infringement.

In Clause 1, Article 14 of the Intellectual Property Law, there are regulations on types of works protected by copyright as follows:

“1. Protected literary, artistic, and scientific works include:

a) Literary and scientific works, textbooks, course books, and other works expressed in writing or other characters;”

Therefore, according to the above regulations, the program script is in the form of literary, scientific works, textbooks, textbooks, and other works expressed in the form of writing or other characters. Therefore, the subjects with protected rights are organizations and individuals, including the person directly creating the program script and the owner of the program script rights prescribed by law.

Regarding the subject of protection, the program script must meet several conditions such as:

The work is directly created by the author and not by copying, stealing, modifying, getting ideas… from other people’s works;

The program script is announced for the first time in Vietnam but has not been published in any other country or is announced simultaneously in Vietnam within thirty days from the date the program script is announced. first time in another country.

The Intellectual Property Law is similar to the provisions found in bilateral and multilateral international treaties. It governs the ownership and rights of the creators of intellectual property, including patents, trademarks, and copyrights also stipulates that program script copyright is automatically recognized and protected after the script is formed in a physical form. certain. Registering program script rights as prescribed in Article 49 of the Intellectual Property Law is not mandatory to enjoy protection rights.

However, having a Copyright Registration Certificate for the program script copyright is meaningful when a dispute arises because the organization or individual has a Copyright Registration Certificate for the script copyright. The program will have no obligation to prove that copyright belongs to it unless there is evidence to the contrary.

Therefore, to be eligible for legal protection, the program script must meet the above object conditions and must be shaped on a certain material, only then will the program script be protected under the law provisions of Vietnam Intellectual Property Law.

Are translations of journalism from other languages protected by copyright?

Written by Editor VCD on 31 January, 2024. Posted in Copyright Registration, Press work.

At press agencies, translation is a significant job to convey public information from foreign languages into Vietnamese. So, can translated journalistic works be registered for copyright protection? Please read VCD’s article “Are translations of journalism from other languages protected by copyright?” to learn more.

1. What is a translated journalistic work?

According to common understanding, translation is the conversion of vocabulary, sentences, text… from one language to another. To put it more academically, translation is the process of converting from a written or spoken source language into a corresponding written or spoken target language. It can be said that translated journalistic work is translating a journalistic work from one language to another with corresponding content.

Each journalistic work has a different context and culture, requiring the translator to have in-depth expertise and knowledge of the language as well as general knowledge of journalism, especially the characteristics of journalistic language and journalistic style. The flexibility and acumen of the translator will help information reach the public accurately, specifically, and effectively.

The main purpose of the translation process is to bridge different languages. Therefore, translating journalistic works from other languages into Vietnamese can reach a larger audience and bring different cultures around the world closer together.

2. Can journalistic works translated from foreign languages be copyrighted?

A journalistic work translated from a foreign language is a version translated into another language based on the original language of that text. Accordingly, journalistic works translated from foreign languages are considered a type of derivative work.

According to Clause 8, Article 4 of the Intellectual Property Law stipulates: “8. Derivative works are works translated from one language to another, works of adaptation, adaptation, adaptation, compilation, annotation, and selection.

In addition, Clause 2, Article 14 of the Intellectual Property Law stipulates: “2. Derivative works are only protected according to the provisions of Clause 1 of this Article if they do not prejudice the copyright of the work used to make derivative works.

Translated journalistic works are protected by copyright when they meet the following four conditions:

Does not harm the copyright of the original work: According to Clause 2, Article 14 of the Intellectual Property Law 2005, derivative works are only protected if they do not prejudice the copyright of the work used to make derivative works. Works used to make derivative works include literary, artistic, and scientific works specified in Clause 1, Article 14 of the Intellectual Property Law.

Must be directly created by the author of the derivative work: Clause 3, Article 14 of the Intellectual Property Law stipulates that protected derivative works must be directly created by the author using his or her intellectual labor without any damage. Copy from other people’s work.

With permission from the author, the copyright owner of the original work: Article 28 of the Intellectual Property Law stipulates that derivative works must have the permission of the author, the copyright owner of the original work. In the absence of the author’s consent, the copyright owner will be considered an act of copyright infringement (Unless the derivative work falls into the cases in Article 25 and Article 26 of the Intellectual Property Law).

Must have the unique stamp of the author of the derivative work: Derivative works are works created based on the original work. Therefore, for a derivative work to be protected, it must be creative, new, and bear the stamp of the author who created the derivative work.

Therefore, if a journalistic work translated from a foreign language wants to be protected by copyright, it must not harm the personal and property rights of the original text.

Above is the article “Are translations of journalism from other languages protected by copyright?“. We hope this article is useful to you.

Does copyright protect administrative documents?

Written by Editor VCD on 30 January, 2024. Posted in Copyright Registration.

Every day, we come into contact with many documents such as decisions of state agencies such as decisions to raise wages, decisions to handle labor laws, meeting notices, meeting invitations… Based on the content and form of those documents, we can classify them as administrative documents. Therefore, to find out whether administrative documents are one of the types protected by copyright, please read “Does copyright protect administrative documents?” VCD’s article.

1. What are administrative documents?

Legal documents are issued by competent entities according to the order, procedures, and forms prescribed by law, have the content of the will of the state, and are mandatory and guaranteed by law. state power. Legal documents include three groups of documents: legal documents, legal application documents, and administrative documents. Each group in the legal documents system also has some specific features in terms of content, nature, and role in state management.

Administrative documents can be of many types, usually divided into the following categories:

Documents are often used to convey certain contents and requests from superiors to the bottom or express individual or collective opinions and aspirations to agencies and people with resolution authority.

The document carries information about State regulations, concretizes the implementation of legal documents, and resolves specific cases in the management stage.

Documents containing state administrative regulations. Administrative documents have many different roles, which can be to notify or convey information from one organization, individual, or state agency to one or more other organizations or individuals.

Administrative documents can also be used to concretize legal documents and solve specific tasks in the process of managing and operating an agency or organization.

2. Are administrative documents protected by copyright?

According to Article 15 of the Intellectual Property Law, administrative documents are one of the subjects that are not protected by copyright, specifically:

“Article 15. Subjects not covered by copyright protection

1. Pure news reporting.

2. Legal documents, administrative documents, other documents in the judicial field, and official translations of those documents.

3. Processes, systems, operating methods, concepts, principles, data.”

Each subject in this group will be specified in relevant documents for easy application. One of them is administrative documents detailed in Clause 2, Article 8 of Decree 17/2023/ND-CP. Accordingly, this administrative document includes documents of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, social organizations – occupations, and units of the people’s armed forces.

This can be understood because administrative documents contain general rules of conduct, are mandatory, and are applied in powerful organizations and some subjects that violate administrative law… Therefore, administrative documents will not be subject to copyright protection.

This is the article “Does copyright protect administrative documents?”. We hope this article is useful to you.

Rights of performers as stipulated in the Law on Intellectual Property of Vietnam

Written by Editor VCD on 29 January, 2024. Posted in Copyright-related rights, Performance.

Transmitting and bringing works to the public can be done in many ways, but the most common is through performers. The subject performing the works is a subject whose rights are concerned and protected by intellectual property law. Therefore, who are the performers and what rights do they have? Please read VCD’s article for more details.

1. Who is the performer?

Who is considered a performer is clearly defined in Article 3a of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention): “Performers are actors, singers, musicians, dancers, and others who act, sing, read, recite, present, or otherwise perform literary, and artistic works”.

Based on the concept of performers of the Rome Convention, Article 16 of Vietnam’s Intellectual Property Law lists organizations and individuals whose related rights are protected under Vietnamese law, which directly regulates performers. performances include: “Actors, singers, musicians, dancers, and others presenting literary and artistic works”.

2. Performers’ rights

When the legal conditions are met, performers enjoy rights to their performances. According to the provisions of the Intellectual Property Law, the rights of performers include moral rights and property rights.

Moral rights are rights of performers that cannot be transferred and are protected indefinitely. According to the provisions of Clause 2, Article 29 of the Intellectual Property Law, moral rights include the following rights:

To be introduced by name when performing, when releasing audio or video recordings, or broadcasting the performance;

Protect the integrity of the performance image, and do not allow others to edit, mutilate, or distort in any form that harms the performer’s honor and reputation.

If the performer is also the investor, he/she also enjoys property rights including the exclusive right to exercise or allow others to exercise the rights specified in Clause 3, Article 29 such as:

Shape your live performance on audio and video recordings;

Directly or indirectly copy your performance that has been fixed on audio or video recordings;

Broadcast or otherwise transmit to the public your performance not in a format that is accessible to the public, except where the performance is intended for broadcast;

Distribute to the public originals and copies of your performances through sale, rental, or distribution by any technical means accessible to the public.

At the same time, Decree 17/2023/ND-CP stipulates in Article 19 on Performers’ Rights as follows:

“1. The right to directly copy a performance that has been fixed on an audio or video recording according to the provisions of Point b, Clause 3, Article 29 of the Intellectual Property Law is the right of the owner of the right to the actual exclusive performance. make or allow others to make other copies from that audio or video recording.

2. The right to indirectly copy a performance that has been fixed on an audio or video recording according to the provisions of Point b, Clause 3, Article 29 of the Intellectual Property Law is the right of the owner of the rights to the exclusive performance. The right to make or allow others to make other copies not from such audio or video recordings such as copying from broadcast programs, electronic information networks, telecommunications networks, the Internet, and other similar forms.

3. The right to communicate to the public an unformed performance according to the provisions of Point c, Clause 3, Article 29 of the Intellectual Property Law is the right of the owner of the right to the performance to exclusively perform or authorize another carries out the dissemination of the unformed performance to the public by any technical means other than broadcasting.”

The performer through the exercise or permitting the exercise or transfer of property rights to obtain economic benefits. The law stipulates that organizations and individuals who want to exploit these rights must ask for permission and pay remuneration to the right owner, which is completely reasonable.

Above is the article “Rights of performers as stipulated in the Law on Intellectual Property of Vietnam”. We hope this article is useful to you.

Searching for musical works

Written by Editor VCD on 23 January, 2024. Posted in Copyright Registration, Musical work.

Currently, one of the forms that is most prone to disputes and violations is musical works. Therefore, looking up a song’s copyright is one of the important steps to evaluate the protection ability of the work as well as help the author or owner grasp the necessary information related to the work and help determine whether any individual or organization has submitted registration documents for similar products. However, not all authors or owners know how to look up Searching for musical works. Therefore, the article below will focus on instructions on how to look up music copyrights for authors and owners.

1. What is song copyright?

Copyright for musical works is a form of copyright in general, specified in Clause 2, Article 4 of the Intellectual Property Law: “Copyright is the right of organizations and individuals to the work created or owned by me”. Copyright arises from the moment the work is created; and is expressed in a certain material form; regardless of content or quality; form, means, language; published or not published; registered or not registered. Copyright includes moral rights specified in Article 19 and property rights specified in Article 20 of the Intellectual Property Law.

According to the provisions of Clause 4, Article 6, Decree No. 17/2023/ND-CP guiding the Law on Intellectual Property, “4. Musical works specified in Point d, Clause 1, Article 14 of the Intellectual Property Law are works expressed in the form of notes in music or other musical characters regardless of whether they are performed or not”. Therefore, it can be understood that musical works do not necessarily have to be expressed in tangible form as notes and musical characters, but can also be expressed in sound form, and are not required to be performed. to act.

Meanwhile, copyright for musical works or songs copyrights are the rights of organizations and individuals to the musical works they compose or own, including moral rights and property rights to the musical works they create or own. that musical work.

2. Why should you look up music copyright first?

Looking up music copyrights is an important part of the process of creating, producing, and releasing music, and it has the following important benefits:

The first is to protect intellectual property rights: Copyright search helps protect the intellectual property rights of composers and those involved in music production. This means preventing others from copying, publishing, or using your music without permission or payment.

Secondly, searching for music copyright is beneficial in commercializing music: Once you have searched and have enough copyright information, you can decide how want to exploit and utilize your music. to earn money. This includes selling copyrights, signing contracts with producers, or engaging in other commercial transactions related to music.

Thirdly, looking up music copyrights ensures reasonable income: Looking up music copyrights helps track and ensure you receive the royalties you are entitled to. This includes fees for using your music in media, copy, live performance, and other forms.

Fourthly, look up music copyright to avoid legal trouble: If you do not look up copyright or violate someone else’s copyright, users may face legal problems and lawsuits. Copyright searches help users, authors, and owners avoid these problems and maintain positive relationships with others in the music industry.

Fifthly, looking up music copyrights creates trust and respect: the author or owner will be considered a professional and trustworthy artist when following music copyright rules and regulations. This can help the song’s author or copyright owner build good relationships with partners, publishers, and other industry stakeholders.

In short, looking up music copyrights is an important part of protecting the intellectual property rights of the author or copyright owner of a work, optimizing your music income, and maintaining your music. Maintain professionalism in the music industry.

3. How to look up music copyright

Music copyright lookup is the process of checking whether a piece of music is copyrighted or not, and if so, who owns it. Here are some ways to look up music copyright:

The first is authorization from a copyright management organization: If the author is the creator, he or she can authorize a copyright management organization such as ASCAP, BMI, SESAC (in the United States), or other organizations similar in other countries. This organization will help you track, register, and manage your music copyrights.

The second is to use online databases: Many free and paid online databases help authors or copyright owners look up information about music copyright. For example, you can use BMI Repertoire, ASCAP ACE Database, SESAC’s Repertory, or online services like SoundExchange to find information about music copyright.

Third is contacting the copyright management agency: In some cases, the author or copyright owner can directly contact the copyright management agency in the country to look up information about the music rights. For example, in the United States, you can contact the US Copyright Office to look up; In Vietnam, you can contact the Copyright Office.

Fourth is to use a professional service: If the author or copyright owner has difficulty searching for music copyright or needs professional assistance, they can hire a lawyer or professional service in the field of music copyright to help look up and manage copyright.

Note that the process and information regarding music copyright may vary depending on the country and copyright system. Consulting with an attorney or expert in the field of music copyright can help the author or copyright owner better understand the music copyright search process and ensure proper compliance with the rules and regulations determined.

Above is the article “Searching for musical works”. Hope this article will help you

How can work be copied without violating copyright?

Written by Editor VCD on 22 January, 2024. Posted in Copyright Registration.

Copying a work without the permission of the author or copyright owner is considered an act of copyright infringement. Accordingly, what is copying, and in what cases is How can work be copied without violating copyright?

1. What is copying?

According to the provisions of Clause 10, Article 4 of the Intellectual Property Law, Copying is the creation of one or more copies of a work or audio or video recording by any means or form, including creating copies in electronic form.

For unpublished works, the copyright owner has the exclusive right to make or allow others to make copies of the work. In this case, only the copyright owner or a person authorized by the copyright owner may copy the work.

For published works, other organizations and individuals who want to copy them must ask permission and pay royalties, remunerations, and other material benefits to the copyright owner.

2. In case of copying a work, it does not violate copyright

Although copying works is one of the property rights, when exploiting and using, organizations and individuals must ask for permission and pay royalties, remunerations, and other material benefits to the copyright owner. fake.

However, the law still stipulates several exceptions in Article 25 of the Intellectual Property Law for copying published works without permission, without having to pay royalties or remuneration, including:

Copy a copy yourself for personal scientific research and teaching purposes.

Copy the work to store in the library for research purposes

In addition, Article 25 of Decree 17/2023/ND-CP also guides the reasonable copying of a work using copying equipment as follows:

“Article 25. Reasonable copying of part of the work using copying equipment

1. Reasonably copy part of the work using copying equipment for scientific research, personal study, and not for commercial purposes specified in Points b and e, Clause 1, Article 25 of the Intellectual Property Law Intellectual property is the act of reasonably copying no more than one copy of a portion of a work.

2. Copying equipment specified in Points a, b, and e, Clause 1, Article 25 of the Intellectual Property Law is equipment with a copying function with all or part of related components automated based on with or without payment for service by anyone not affiliated with the entity that owns, possesses, or commercially exploits the equipment.

3. For works expressed in written form, reasonable copying specified in Clause 1 of this Article is copying by photocopying, photography, or other similar methods with a maximum of not more than 10% total number of pages or total storage units (bytes), total number of words of the edition, length of the edition’s content for works provided as electronic editions without page division.

Reasonable acts of copying using copying equipment specified in this Clause must be independent acts of each organization or individual performing them, and if there is repetition, it is individual cases that are not related to each other. on the same work.

4. Organizations and individuals that copy works expressed in written form with a percentage greater than the level specified in Clause 3 of this Article must obtain permission from the copyright owner and pay royalties. , other material benefits (if any) to the copyright owner.”

Copying a work without the permission of the author, or copyright owner or not falling into the above cases is an act of copyright infringement as prescribed in Clause 6, Article 28 of the Intellectual Property Law.

Above is the article “How can work be copied without violating copyright?“. We hope this article is useful to you.

Where to register musical works copyright?

Written by Editor VCD on 18 January, 2024. Posted in Copyright Registration, Musical work.

A song or a musical work is protected from the moment it is composed and shaped into a certain material form. Each author or owner of that work is protected by Intellectual Property law and recognizes the protection of copyright and related rights. However, musical works are a type of work that can easily be copied and used illegally, so the author or owner must register for copyright protection for their “brainchild”. Therefore, where to register copyright, please follow VCD’s article below.

1. What is song copyright registration?

Music is one of the useful means of entertainment, helping people relieve stress, develop emotions, and connect better. When music is shaped into a certain material form such as images, tapes, discs, recordings, prints of music, and lyrics of musical works… it is often easy to copy and use without permission or even copyright infringement.

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

Clause 4, Article 6 of Decree 17/2023/ND-CP details several articles and measures to implement the Intellectual Property Law on copyright and related rights: “Musical works specified in point d, clause 1 Article 14 of the Intellectual Property Law means that a work is expressed in the form of notes in music or other musical characters regardless of whether it is performed or not.

Therefore, copyright in a musical work is the author’s right to the work expressed in the form of musical notes in music or other musical characters or shaped on audio or video recordings or without words, regardless of performance or non-performance from the moment the author creates the work. When an author or owner registers a copyright for his or her musical work, music copyright registration is an activity performed by a competent state agency to protect copyright for individuals and organizations whose musical works satisfy the conditions for protection under the provisions of intellectual property law.

2. Why should songs be copyrighted?

According to some current statistics, the number of copyright or copyright infringement cases is on the rise. This situation is quite common nowadays, especially when the music field takes place in many different forms. From regular music videos, applications, and websites to mini-concerts or large live shows. The main violations are usually using the work without permission of the copyright owner, arbitrarily repairing or cropping the work to the detriment of the author, and using the work without agreement or paying remuneration, royalties, and material benefits to owners according to regulations, etc.

According to Clause 1, Article 6 of the current Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of content, quality, or form. , medium, language, published or unpublished, registered or unregistered. Therefore, copyright to songs is automatically protected from the moment the work is born in a certain material form.

Although copyright registration is not mandatory, the benefits it brings cannot be denied:

Firstly, copyright registration for musical works will be protected by the competent State agency and the Copyright Registration Certificate will be the first legal basis for the State agency to protect copyright has the authority to resolve disputes arising over songs and musical works.

Secondly, authors and copyright owners have the right to request individuals and organizations to stop acts of infringing copyright on their works or request competent state agencies to handle copyright infringement and violations according to the provisions of the law.

Thirdly, the Copyright Registration Certificate is a basis for other subjects to know whose musical work or song is whose, from there, they can make accurate decisions about receiving copyright transfer. Use or transfer copyright of songs and musical works by the provisions of law.

3. Order and procedures for song copyright registration

Step 1: The author or copyright owner prepares a registration declaration (form No. 01 issued with Circular 08/2023/TT-BVHTTDL) and 01 set of copyright registration documents (including documents according to Article 39 of Decree 17/2023/ND-CP detailing several articles and measures to implement the Law on Intellectual Property and related rights.

Step 2: The author or copyright owner, after completing the drafting of the dossier, can directly or authorize another organization or individual to submit the copyright registration dossier to the Copyright Office. Author or Representative Office of the Copyright Office (dossier can be sent by post).

Step 3: Within 45 working days (including 01 month of review and 15 days of Certificate issuance), from the date of receipt of a valid application, the state management agency in charge of copyright and related rights is responsible for issuing a Copyright Registration Certificate to the applicant. In case of refusal to issue a Copyright Registration Certificate, the state management agency in charge of copyright and related rights must notify the applicant in writing.

Step 4: Proceed to pay the prescribed fee to receive the Copyright Registration Certificate. After notification that the application has been granted a registration certificate, the application owner needs to pay a fee to receive a certificate of copyright registration for the musical work.

4. Where to register music copyright?

To register a copyright for a song, the author or copyright owner can choose the following ways:

First, apply directly at the Copyright Office at the following address:

• Hanoi City: No. 33 Alley 294/2 Kim Ma, Ba Dinh District

• Ho Chi Minh City: 170 Nguyen Dinh Chieu, District 3

• Da Nang: No. 58 Phan Chu Trinh, Hai Chau District

Second, submit the application by post (express delivery service) to the address of the agency receiving copyright registration applications for musical works.

Third, register a copyright for musical works through the online public service portal of the Ministry of Culture, Sports and Tourism with the following link: https://dichvucong.bvhttdl.gov.vn/

Note: After declaring information online, you still need to submit the original documents to the Copyright Office.

Above is the article: “ Where to register musical works copyright?”. Hope this article will help you.