Author: Editor VCD

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.

What kind of work is the logo that is copyright protected?

Written by Editor VCD on 18 January, 2024. Posted in Copyright Registration, Fine art work and applied art work.

Logos are considered a means of remembrance or imprint of each business in the minds of consumers. If you want to protect your brand, business owners often register to protect their logo. Therefore, to be protected by copyright, what type of work must a logo be registered as?

1. Definition of Logo

A logo (short for Logotype) or brand symbol, is a graphic design, symbol, or symbol (icon) for a specific brand or brand. It is a visual design product composed of images or text, sometimes including both text and images. In general, a logo is considered an identifying mark of each business.

A logo is not simply a symbol of a business but also contains hidden messages that they want to share with users. Each logo blends different identities that serve as a foundation for development and leave an impression on people. Logos play an important role in brand recognition, it is often used to impress consumers through sight, helping to distinguish a business from hundreds of thousands of other businesses.

2. What kind of work is the logo that is copyright protected?

From the characteristics of the logo, it can be seen that the logo is completely consistent with the definition in Clause 8, Article 6 of Decree 17/2023/ND-CP: “The work is expressed by lines, colors, shapes, and composition department with useful features, which can be attached to a useful object, produced manually or industrially including Graphic design (a form of expression of logos, identifiers, and product packaging; a form of expression of the character); Fashion Designer; Artistic design associated with product styling; Interior design, interior and exterior decoration with artistic features. Works of applied art are expressed in the form of artistic product designs that cannot be easily created by people with average knowledge in the respective field and do not include external designs. of the product is required to perform the product’s function.”

Works of applied art are one of the types of works protected by copyright according to Point g, Clause 1, Article 14 of the Intellectual Property Law:

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

g) Visual works and applied arts;”

For a Logo to be protected as a work of applied art, the following two conditions must be met:

The work must be created by the author using his or her intellectual labor and not copied from the works of others;

The work is expressed in a certain form.

The term of protection for works of applied art is 75 years, from the time the work is first published; For works of applied art that have not been published within 25 years from the time the work was fixed, the term of protection is 100 years from the time the work was fixed.

Above is the article “What kind of work is the logo that is copyright protected?“. We hope this article is useful to you.

Is the idea protected by copyright?

Written by Editor VCD on 17 January, 2024. Posted in Copyright Registration.

Creative works are formed based on creative ideas. The protection of creative works is very necessary in today’s society. However, the question is whether ideas are protected by copyright or not. Please read VCD’s article below for more information.

1. What is an idea?

An idea is an abstract concept, often understood as thinking or creating a new concept or new method to solve a problem. Ideas often originate from human intelligence, experience, and knowledge and can be applied in many different fields, including science, technology, art, business, education, society, and politics.

In general, ideas are contents that express opinions and thoughts that take place in a person’s brain before they take an action. In the context of copyright, ideas can be the initial desires that drive the author’s creativity and motivation to complete his work.

2. Are ideas protected by copyright?

Creative works to be protected by copyright must meet the following criteria:

The work must be original. Originality means that the work must be formed from the author’s creative labor, not copied in whole or in part from another work.

The work must be shaped in a certain physical form. That means creative works must be completely designed and formed from content to form to qualify for protection. If the work is only in the form of thoughts and ideas and has not been put into practice, it is not protected.

Conditions on the subject of copyright: Being a Vietnamese or foreign organization or individual whose work is published for the first time in Vietnam but has not been published in any other country; is a Vietnamese or foreign organization or individual whose work is published simultaneously in Vietnam within 30 days from the date that work is first published in another country; are foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which Vietnam is a member.

However, if a work is to be perfect, it must come from the author’s ideas. But if the author just lets his “work” stop at the idea stage, there will not be enough basis to help the state agency determine whether he owns that “work” or not. If you want to be protected, creative works must be formed in a definite physical form, because ideas can be similar but if they are created in different ways, each work has the same meaning and distinct mark.

This content is affirmed in Clause 1, Article 6 of the Intellectual Property Law on the basis for arising and establishing copyright as follows: “Copyright rights arise from the moment the work is created and expressed in a form certain material, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered. Therefore, a work is only protected by copyright for the expression of ideas in a certain creative form and will not be protected by copyright for the idea itself.

Above is the article “Is the idea protected by copyright?”. We hope this article is useful to you.

Cost of song copyright registration

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

For each musician or owner, being recognized by law as the owner of a copyright is very important because musical works or songs are the brainchild that authors passionately compose. However, with technology and the development of today’s music market, copying has become easier, more sophisticated, and unpredictable. To protect their work, the author or owner needs to register the music copyright for the song they own and create with the competent authorities. One of the things that authors, or copyright owners are interested in is the cost of copyright registration of musical works, which will be presented in the article below from VCD.

1. What is copyright for musical works?

Under Clause 2, Article 4 of the current Intellectual Property Law: “Copyright is the right of organizations and individuals to works they create or own.” In addition, Clause 4, Article 6 of Decree 17/2023/ND-CP stipulates in detail several articles and measures to implement the Intellectual Property Law on copyright and related rights, “Music works stipulate At Point d, Clause 1, Article 14 of the Intellectual Property Law, a work is expressed in the form of notes in music or other musical characters regardless of whether it is performed or not”.

Therefore, it can be understood that copyright in musical works is the author’s right to the work expressed in the form of notes in music or other musical characters or shaped on sound recordings recorded with or without lyrics, regardless of performance or non-performance from the time the author created the work. Music copyright registration is an activity carried out by a competent state agency to protect the copyright of individuals and organizations whose musical works satisfy the conditions for protection according to regulations provisions of intellectual property law.

Currently, most cases of copyright infringement are related to musical works, especially when occurring in cyberspace. The characteristics of musical works are that they are easy to copy, duplicate, and transmit on the Internet environment, so with the development of the 4.0 and upcoming 5.0 Technology Revolution, the situation of copyright infringement on musical works is increasing. Music in general and movies, images… in particular are increasingly increasing in cyberspace, taking place popularly not only in Vietnam but also globally.

2. Protection conditions and grounds for arising copyright for musical works

A musical work is protected when it meets the conditions stated in the Intellectual Property Law, that is, the musical work must have creativity (originality) and the form of expression of the work ( formability).

Originality is shown in the fact that the results of the work must be independently created by the author, the author directly creates with his or her intellectual labor and does not copy from the work of others. Containing a certain amount of creativity does not require the work to be unique, or novel, has high aesthetic value, and only requires minimal creativity to express something unique to the author.

The formability expressed in certain materials is the representation in writing, other characters, lines, shapes, layouts, colors, sounds, and images or the reproduction of sounds and images in the form of objects. a certain quality from which it can be recognized, copied, and communicated.

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, 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. However, registering for copyright protection still has many advantages when copyright disputes arise.

3. Procedures for registering copyright for musical works

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.

4. Cost of copyright registration for musical works

Circular No. 211/2016/TT-BTC stipulates the rates, collection, payment, management, and use of fees for granting copyright registration certificates, related rights registration certificates, and expenses. Song copyright registration fees and registration fees for other subjects of copyright.

Specifically, for copyright registration of musical works, the fee for issuing a Copyright Certificate is 100,000 VND for a set of documents.

Copyright registration also gives composers and other copyright owners the ability to make legal claims against unauthorized copies of a song, and ensures that they will not lose their rights to use the song. use and distribute your song to others without compensation.

In addition, copyright registration also helps authors protect their reputation and works, increasing their ability to attract music producers and consumers, thereby achieving success and better revenue from their songs sing my own.

Above is the article: “Cost of song copyright registration”. Hope this article will help you.

Who owns the copyright of anonymous works?

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

Copyright for anonymous works is a special case in the field of copyright, protecting works whose author cannot be identified upon publication. The protection afforded to these works has been addressed in the copyright jurisprudence throughout its various stages. One of the first questions arises is Who owns the copyright of anonymous works

1. What is an anonymous work?

The recognition of copyright for anonymous works begins with the introduction of a concept, based on which the copyright holder and the characteristics of the protection of this type of work are determined. In general, Vietnamese law has considered anonymous works to be an indispensable part of the general regulations on copyright. The following periods all repeat the regulations of the previous period and record some small changes, creating a difference but not much.

Currently, based on the provisions of Clause 2, Article 3 of Decree 17/2023/ND-CP detailing several articles and measures to enforce intellectual property law on copyright and related rights, it is noted:

“An anonymous work is a work that does not or does not have the author’s name (birth name or pen name) on the work when published.”

This can be considered the official concept of current law on anonymous works.

2. Who will own the anonymous work?

According to the provisions of Article 42 of the Intellectual Property Law, the copyright owner is the State for works:

Anonymous works, unless an individual or organization is already managing that work;

The work is still under protection but the copyright owner does not exist (the copyright owner dies without an heir, the heir refuses to receive the inheritance or is not entitled to the inheritance);

The work is transferred ownership by the State from the copyright owner.

Therefore, the State will become the copyright owner of an anonymous work if no individual or organization is managing that work.

However, when the protection period for anonymous works ends according to the provisions of Article 27 of the Intellectual Property Law, the copyright for the above anonymous works will belong to the public according to Article 43 of the Intellectual Property Law intellectual property.

“1. Works that have ended their term of protection as prescribed in Article 27 of this Law belong to the public.”

Meanwhile, the copyright owner of an anonymous work is the State until the anonymous work expires. After the term of protection expires, the copyright of the anonymous work will belong to the public according to the provisions of the law.

Above is the article “Who owns the copyright of anonymous works?”. We hope this article is useful to you.

Are YouTube videos protected by copyright?

Written by Editor VCD on 12 January, 2024. Posted in Copyright Registration, Press work.

YouTube is one of the most prominent social platforms today with a huge number of users. On average, more than 500 hours of content are uploaded to the video-sharing platform every minute. This equates to 30,000 hours of content uploaded/hour, and 720,000 hours of content/day. With such a huge amount of uploaded videos, the issue of copyright protection from being infringed is of great concern to authors and owners when using this platform, so can YouTube videos register for protection? Are YouTube videos protected by copyright?

1. What is a YouTube video?

YouTube videos are videos posted on YouTube – a platform specializing in online video sharing. This is the most popular and popular form of content creation today because of the outstanding and convenient features that YouTube brings.

Videos with a variety of topics from movies, music, sharing information, knowledge, etc. are regularly censored by YouTube headquarters located in different countries. Currently, YouTube has developed and is present in almost every country with more than 50 different languages, including Vietnamese.

The author and production crew carefully and seriously invest in every video posted on YouTube. The video is the crystallization of a creative process and is the brainchild of the author. Therefore, authors and owners are very concerned about copyright issues for the videos they post.

2. Can YouTube videos be copyrighted?

Depending on the content of the video, you will be able to register for appropriate copyright and related rights protection. Video copyright owners can use a system called Content ID to easily register YouTube copyrights, identify and manage their content on YouTube, or protect it by registering copyrights, copyrights, and copyrights they are related to the work.

2.1. Register copyright for videos on Youtube

Firstly, if the person signing the application is the author (the person who created the script, sound, graphics, etc. of the video), he or she can register a copyright for the video on YouTube as copyright. the copyright owner is also the author of the cinematographic work;

According to Clause 1, Article 21 of the Intellectual Property Law, it is stipulated that “People who work as directors, screenwriters, cinematographers, film editors, music composers, art designers, sound designers, lighting designers, studio artists, and studio designers.” Designing props, effects and other creative work for cinematographic works shall enjoy the rights specified in Clauses 1, 2, and 4, Article 19 of this Law, and other rights as agreed upon.

Secondly, a subscriber can register a copyright for a YouTube video as the copyright owner who is not also the author of the cinematographic work in the following cases:

The registrant assigns or signs a contract with the author;

The registrant is the heir to the copyright;

The registrant is the person to whom copyright is transferred.

2.2. Register relevant rights for videos on Youtube

Related rights as prescribed in Clause 3, Article 4 of the Intellectual Property Law are defined as the rights of organizations and individuals to performances, audio recordings, video recordings, and broadcast programs…

Regulations in Clause 2, Article 44 of the Intellectual Property Law stipulate that “Organizations and individuals that use their time, financial investments and physical and technical facilities to produce audio and video recordings are the owners of the property.” with that audio or video recording unless otherwise agreed with the relevant party.”

Therefore, if the registrant invests his or her time, finances, and physical and technical facilities to produce audio and video recordings on YouTube, he or she will have the right to register copyright as the owner of related rights to that audio or video recording.

Above is the article “Are YouTube videos protected by copyright?”. We hope this article is useful to you.

Register song copyright online

Written by Editor VCD on 10 January, 2024. Posted in Copyright Registration, Musical work.

Musical works are one of the objects of copyright protection. Registering copyright protection for musical works is one of the necessary actions to avoid infringements on authors and works. Online copyright registration is one of the administrative procedures the Government advocated for conversion many years ago. However, in the past few years, as the service industry and online commerce… have increasingly developed, online copyright registration has been implemented through the online portal of the Ministry of Culture, Sports, and Tourism. Therefore, how to register a copyright online for a musical work? Please follow “Register song copyright online” VCD’s article below.

1. Why should you register the copyright for musical works?

It can be said that in the past few years, Vietnamese music products have encountered many suspicions of plagiarism, using other subjects’ works without permission, and it can be said that musical works are one of the subjects of copyright infringement. Therefore, registering copyright for musical works is a way to protect the intellectual property rights of those who compose, produce, or own music copyright. Once copyrighted, the owner will have control over their music’s copying, distribution, use, or sale. Detail:

Registering copyright protection is a way to protect the intellectual property rights of the person who composes, produces, or owns the music copyright, avoiding unauthorized copying, distribution, or use.

Copyright registration will help the owner have legal evidence to prevent copying and copyright infringement. If anyone violates copyright, the owner can take legal action to protect his or her intellectual property rights.

By registering a copyright, the owner will have control over the release and use of their music, thereby earning royalties from copies, commercial use, and also broadcasting rights.

Copyright registration also helps increase the brand value of musicians, singers, bands, or music companies. This can attract more audiences and businesses, increase revenue, and improve their market position.

2. What is online copyright registration?

Registering a copyright online is an activity to mark your ownership of a work. Registering copyright protection will mean declaring legal ownership of the work. According to the provisions 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, form, media, language, published or unpublished, registered or unregistered copyright online or in person.

Clause 1, Article 3 of the Intellectual Property Law (amended and supplemented) stipulates: “Copyright subjects include literary, artistic, and scientific works; objects of rights related to copyright include performances, sound recordings, video recordings, broadcast programs, and satellite signals carrying encrypted programs”. Online copyrighted works are often presented in the form of songs, poems, stories, computer programs, works of art: logos, paintings, photos; videos; movies…

3. The procedures for registering copyright for online musical works

3.1. Prepared documents

Registering copyright for online musical works is a step in the copyright registration procedure. Therefore, documents submitted online must be fully prepared and match the paper documents when sent to the Copyright Office. A set of documents will include a declaration, a photocopy of the ID card (or passport, Citizen identification card, Business registration, and establishment decision) of the author or rights owner, a decision on a job assignment, or confirmation of job assignment if the author is assigned to do the work, power of attorney if authorizing another person to make the application… Registration documents must be prepared in Vietnamese. In case it is in a foreign language, it must be translated into Vietnamese and notarized or authenticated.

Note: musical works can be created by one author or many authors. In many cases, the author is just the person hired to create the work (not at the same time the copyright owner). Therefore, for each copyright registration application, it is necessary to prepare all documents and fill in all information, otherwise the Copyright Office may reject the application.

3.2. The procedures for registering copyright for online musical works

Copyright registration for online musical works is currently implemented on the online public service portal of the Ministry of Culture, Sports, and Tourism. The agency that receives and processes dossiers and issues copyright registration certificates is the Copyright Office. This procedure is an online public service at level 3.

Step 1: Access the link https://dichvucong.bvhttdl.gov.vn/. Select the agency as “Copyright Department”, and the screen will display many administrative procedures related to copyright. If you apply for copyright registration, select “Issuance of copyright registration certificate” and select “Apply”. In case you already have an account on this Portal, enter the account and proceed to declare profile information; If you don’t have an account, click register to create a new account.

Step 2: The system will move to the initial home page interface, select “Copyright Department” select the procedure “Granting copyright registration certificate”, select “Submit application” and enter the registration account access into the system. Need to fill in registration information such as:

Choose the name of the profile holder: individual or company;

Fill in paperwork showing information such as ID card/Passport/CD (for individuals) or Business Registration Certificate (if a company);

Contact information such as Address, phone number, email.

Step 3: Select the “enter registration content” button and fill in registration information including:

Name of musical work

The writer’s name

Step 4: Select “Attach registration documents”. Depending on the type of application, the corresponding attached documents as above are required. If you want to attach other documents, select the “add documents” button.

Step 5: After attaching the documents, press “Choose application form and return results”. If you want to receive results at the Copyright Office, select “Return to the receiving department and return results”. If you want to receive it by mail, select “Receive by post” and fill in the specific address.

Step 6: Select “Apply” and complete the registration.

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

Above is the article: “Register song copyright online”. Hope this article will help you.