Skip to main content

Author: Editor VCD

Can a work with the same name as another work be protected?

In reality, it is not difficult to come across coincidences in the names of different works, such as two poems have the same name “Country” by author Nguyen Khoa Diem and author Nguyen Dinh Thi; the song “Never” performed by singer Thu Phuong and another song also named “Never” performed by singer Trung Quan; or the case of the same name of beauty contests such as Miss Peace Vietnam between Sen Vang company and Minh Khang Vietnam company … The naming of the work, whether intentionally or unintentionally, has certain effects on the reputation of the author and the work. From the perspective of intellectual property law, whether works with the same name as other works are protected by copyright, or in other words, whether the same name is considered copyright infringement, we would like to explain in this article “Can a work with the same name as another work be protected?”

1. Regulations of Vietnamese law from the perspective of copyright on the protection of work names

According to Article 19, Clause 1 of the Law on Intellectual Property, the author has the right to name the work and has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of property rights. This right does not apply to works translated from one language to another (Article 20 Clause 1 of Decree 22/2018/ND-CP), that is, for translated works, the name of the work must be the name translated directly from the name of the work in a foreign language.

According to Article 14 of the Law on Intellectual Property, literary, artistic, and scientific works protected by copyright include:

  • Literary and scientific works, textbooks, syllabuses, and other works expressed in written or other character forms;
  • Lectures, speeches, and other speeches;
  • Pressworks;
  • Musical works;
  • Theatrical works;
  • Cinematographic works and works created by the same method (hereinafter collectively referred to as cinematic works);
  • Works of visual art, works of applied art;
  • Photographic works;
  • Architectural works;
  • Graphics, diagrams, maps, and drawings related to topography, architecture, and scientific works;
  • Literary works, folk art;
  • Computer programs, data collection;

In addition, based on the origin of the work, the original work and the derivative work are protected by copyright, provided that the creation of the derivative work does not prejudice the copyright of the work used as a derivative work.

Thus, according to the provisions of the Intellectual Property Law mentioned above, the name of the work is not a separate type that is protected by copyright independently. The law only provides overall protection for the entire work without protecting the name of the work. Copyright does not exclusively protect all or part of the name of the work, which means that when a work is protected by copyright, the name of the work is not only used by the author, the copyright owner. The name of the work does not have to be used by the author, who owns the exclusive copyright, but someone else can take the name of his work to match or have words and components similar to that name.

In essence, copyright only protects the form of expression of the work without protecting the content of creative ideas conveyed in the work. There are cases where many works with similar ideas and contents but with different expressions are still considered separate and protected works. In case authors compose and implement their ideas on the same topic, it is possible to name the same name and this is not an infringement of copyright.

2. Solutions for the situation of the works having the same name

From the perspective of copyright protection, the name of the work is not uncommon and is not considered an infringement of copyright. However, in practice, the name of the work in some cases also creates a certain impact on the public. In cases where the name of the work overlaps, causing effects on the economic interests as well as the reputation of the author, the copyright and the work owner, the author and copyright owner should take more appropriate measures to protect their rights.

The duplication of Vietnamese names between the two beauty contests “Miss Peace Vietnam” between Sen Vang Company (the investor of Miss Peace Vietnam 2022 -Miss Grand Vietnam 2022) and Minh Khang Company (the investor of Miss Peace Vietnam 2022) is an example that although the same name is not infringed copyright, however, it still easily confuses the public, affecting the reputation and economic interests of copyright owners. In this case, to protect their legitimate rights and interests, in addition to copyright registration, the organizers may consider carrying out procedures for trademark protection registration for the name of the contest to hold the exclusive right to exploit,  use names and prohibit other individuals and organizations from using names that coincide with their own.

Therefore, to avoid duplication of names causing nuisances later, before registering the copyright, authors, and owners should check and carefully consider the name of the work. In the case of an author, the copyright owner who wants to exclusively use the name, the author, and the copyright owner can carry out the procedure for trademark protection registration for that name simultaneously with the registration of copyright.

Above is the article “Can a work whose name is the same as another work be protected?”.We hope this article is helpful to you.

Best regards.

Circumstances for copyright protection of electronic newspaper work in Vietnam

Presently, journalism has a significant impact on all aspects of life and has emerged as one of the major factors behind the advancement of society. Due to its exceptional benefits, this type is currently the target of alarming copyright violations. As a result, copyright protection for works created for electronic newspapers is essential. However, not all such works are protected; rather, only those that fulfill certain requirements are covered by copyright protection. The conditions for copyright protection for electronic newspaper works in Vietnam at the moment are outlined in the piece that follows.

1. What is copyright protection for electronic newspaper works?

An electronic newspaper is a form of press that is created in the shape of a webpage and distributed via the internet. Newspaper readers are centered on computers, mobile phones, tablets, and other devices with an internet connection, while electronic newspapers are produced by electronic newsrooms.

Clause 2, Article 4 of the Law on Intellectual Property in 2005 (amended and added in 2022) states that copyright is typically regarded as a collection of the author’s moral and property rights. The term “copyright” refers to a person’s or a company’s legal ownership of works they have produced or own. The law recognizes two subjects with copyright as the creator of the work and the owner of the copyright, it can be inferred from the aforementioned idea. This clause allows for the author of the product as well as the copyright owner to be the same person.

Copyright protection for e-newspaper works is a combination of legal institutions to protect by law the legitimate rights and interests of authors and copyright owners for e-newspaper works. The ability to completely enjoy material rights and benefits is made possible by copyright protection for electronic works, and at the same time, it assists subjects in avoiding potential infringements, motivating them to carry out the task of advancing the knowledge economy.

2. Conditions for copyright protection for e-newspaper works in Vietnam

Only electronic newspaper works that fulfill specific requirements are subject to copyright protection, according to Vietnamese law, meaning that not all electronic newspaper works are protected. When the content of an electronic publication does not break the law, violate good manners and ethics, or endanger the security and defense of the country, it is protected.

According to Article 9 of Decree No. 22/2018/ND-CP, protected journalistic works include the following genres: reportage, spoken word, narration, interview, reflection, investigation, commentary, editorial, treatise, press release, and other types of journalism for publication, broadcast in print, spoken word, video, electronic, or other media. These works must also have independent content and a complete structure.

Accordingly, to be recognized as an author for an e-newspaper work, it is necessary to satisfy specific criteria:

First, the primality requirement (also known as the originality of creativity expressing electronic newspaper works). Primitiveness means the author’s own creativity, not copying all or a basic part from another work, including (i) Creativity, not a mere arrangement of expression, imitating expressions, expressing words, colors, patterns available in the work of others; (ii) The protected e-newspaper work must be original (the first version of the work created by the author; (iii) Ensure the integrity of electronic newspaper works.

Second, the standard for shaping in a particular material shape.

Third, the criteria for the scope of ordinary subjects are determined on the basis of the law where the act of composing or publishing works is carried out.

The following prerequisites must be satisfied for e-newspaper compositions to be given copyright protection: (i) Works protected by copyright protection for electronic newspaper works must ensure originality, that is, the author must directly create his or her intellectual labor without stealing from anyone else’s work; (ii) Only protect the form of expression of electronic newspaper works and not by ideal content, which requires that electronic newspaper works on protection must be expressed in a specific way, as opposed to electronic newspaper works that are just ideas that have not been specifically stated.

When an electronic task is finished, the protection mechanism is automatically created. It is not necessary to apply to a copyright registration document in order to benefit from copyright. But authors and copyright owners should register their rights as soon as the work is completed in order to best safeguard their interests in case of disputes, due to the fact that establishing ownership of copyright without registration is very challenging, expensive, and time-consuming, whereas if a dispute arises, organizations and individuals who have been awarded a Copyright Registration Certificate are not required to do so. The registration process should be completed as soon as possible by writers and copyright holders because a copyright registration certificate is the most crucial and fundamental document to establish a copyright to work.

Above is the content of the article “Circumstances for copyright protection of electronic newspaper work in Vietnam”.  Copyright Vietnam hopes this article is helpful to readers.

Respect.

What is the correct understanding of the publication of the work?

The work is considered the brainchild of the author, which the author spends time and effort to perfect perfectly. Therefore, copyright protection for works plays a very important role in recognizing the creativity of the creator. However, there are now many bad people who, despite their unethical behavior, steal other people’s work in exchange when it not be published. So, properly understand what the publication of the work is, please read “What is the correct understanding of the publication of the work?” with VCD to follow the article below.

I. What is the publication of the work?  What is the right to publish a work?

1. Publication of works

Unpublished works are the most vulnerable to theft because no one has yet claimed ownership of them. To easily prove ownership of the work when there is a dispute, authors and copyright holders should publish their work to the public as soon as possible.

Understood in the usual way, publication of works is the public release of literary, artistic, and scientific works to let people know in forms such as publishing, displaying, performing, presenting… or registering such work at a competent state agency per the provisions of law.

2. Right to publish works

Publishing works is one of the important contents of copyright. The author in the case of being simultaneously the owner of the work has the full right to publish, disseminate or for others to publish and disseminate his work. When announcing a work, the author also has the right to choose the form and type of art suitable for that work.

The right to publish a work or allow others to publish the work is one of the moral rights of copyright provided for in the Law on Intellectual Property.

According to Clause 2, Article 20 of Decree 22/2018/ND-CP dated February 23rd, 2018 detailing many articles and measures to implement the Law on Intellectual Property in 2005 and the Law amending and supplementing several articles of the Law on Intellectual Property in 2009 on copyright and related rights stipulates:

“The right to publish the work or allow others to publish the work specified in Clause 3, Article 19 of the Law on Intellectual Property means the release of the work to the public with a reasonable number of copies to meet the needs of the public depending on the nature of the work,  performed by the author or copyright owner or by another individual or organization with the consent of the author or copyright owner.

Publication of works does not include the performance of a theatrical, cinematic, musical work; public reading of a literary work; broadcasting literary and artistic works; display of photographic works; building from architectural works.”

It can be seen that, from the perspective of copyright law, the term “publication of works” is interpreted differently from the usual understanding. Accordingly, publication of the work is understood as the release of copies of the work to the public, in reasonable quantities to meet the needs of the public depending on the nature of the work, with the consent of the copyright owner. The publication of the work depends on the subjective will of the author or copyright owner, regardless of the time of appearance or the number of times the work was introduced to the public and whether it was known to the public.

Thus, the time of publication of a work is the time when the author, the copyright owner releases to the public a reasonable number of copies of the work to meet the needs of the public.

II. The meaning of the publication of the work

Determining whether a work has been published or not is important to the author or copyright owner for the following reasons:

First, identifying a published work means determining when that work is published. This moment is important in the calculation of the protection period of the work.

Second, the identification of a published work determines the territorial limits for which the work is protected because the scope of copyright protection is territorial.

Third, the identification of published works determines the limits of copyright and related rights. The limit of copyright protection and related rights is the cases of using works without permission, without paying royalties and remuneration specified in Articles 25 and 32 of the Law on Intellectual Property 2022. Only “published” works can apply these two laws.

The labor of research and creativity is the tool and product of a cultural environment to which any countercultural behavior that occurs in that cultural environment is opposed.  Therefore, to best protect the interests of authors and copyright owners, creators should register for copyright protection and related rights for their works.

Above is the article “What is the correct understanding of the publication of the work?“. We hope this article is useful to you.

Respect

Copyright protection for translated works

Along with the development of the current economy is the intersection of cultures between countries, and therefore, people need to learn and study about voices, writings, people, and works … of other countries more and more.  To make the study easier, translational works were gradually born.  So, are such compiled works protected by copyright, let’s find out about this issue with VCD through the article below.

1. Understand what is the translated work?

Translation is the process of translating text written in one source language into another without losing its original meaning.  The translator will faithfully convey the content of an original work from one language to another in the translated work.  The translation is not a computer translation job but requires the performer to know how to use a flexible language, understand the culture of the country that uses that language, and have good writing skills to translate smoothly and attractively. Although the translation process must ensure honesty, it does not limit the creativity of the translator in the process of thinking, using language, and providing within the framework of the content of the work.

Translational works are works translated from literary, artistic, and scientific works from different cultures and formed from the process of work, thinking, and creativity of the translator. 

2. Is the translated work a derivative work?

Compiled works are considered derivative works from the original work.  Section 8 of Article 4 of Law S on intellectual property, derivative works “means works created based on one or more existing works through translation from one language to another, adaptation, compilation, annotation, selection, adaptation, adaptation of music and other adaptations“.

A compiled work  is  a work “derivative” from the original work if the following signs are satisfied:

  • Formed upon inheritance from an already existing work;
  • Derivative works that are not copies of the original work

Copyright law does not protect the content of ideas, but only the form of expression of ideas, so in many cases, the form of expression of the derivative work must be completely different or partially different from the form of expression of the original work;

  • There is creativity

The creativity of the translated work is expressed in the selection, arrangement, and use of language to express the content as well as the thoughts and feelings of the author in the original work; the work is directly created by the translator by his or her intellectual labor without copying from others;

  • Imprints of the original work in derivative works:

Even if the derivative work is created originally, it must still ensure the imprint of the original work. This means that when recognizing a derivative work, the public must associate with the original work, this association is expressed through the content, plot, and character lines… of the original work.

Authors of derivative works are only protected from original content created by them, and derivative works are only protected if they do not prejudice the copyright of the work used for derivation. The creation, concept, and use of derivative works must be permitted by the owner of the original work.

So, to the question of whether the translated work is a derivative work, the answer here is possible, provided that the indications of the derivative work are met as shown above.

3. Copyright protection for translated works

By the Law on Intellectual Property of Vietnam, translated works are protected with  the following conditions:

  • The translation work is directly created by the translator (considered a derivative work) through his or her intellectual labor without copying from the work of others.
  • The new copyright owner has the right to make derivative works, which include translated works.  The right to make derivative works is one of the property rights under copyright, specified in Point a, Clause 1, Article 20 of the Law on Intellectual Property). Accordingly, organizations and individuals wishing to make a translated work must obtain the consent of the author and the copyright owner of the original work used as a derivative work, except for cases where the published work is not subject to permission, no royalties and remuneration in Article 25 of the Law on Intellectual Property.
  • The right to name a work does not apply to works translated from one language to another (according to Clause 1 Article 20 of Decree 22/2018/ND-CP).  Therefore, translators are not allowed to name the translated work themselves but must use the name of the original work translated into the language of the translated work and take it as the name of the translated work.
  •  Derivative works must not prejudice the copyright of the original work used as a derivative work. In Article 2, Article 14 of the Amended and Supplemented Intellectual Property Law of 2009 stipulates that “Derivative works shall only be protected according to the provisions of Clause 1 of this Article if they do not harm the copyright of works used as derivative works.”  

4. VCD’s copyright support service  

With a team of experienced legal experts, VCD is confident in supporting clients with issues in the field of rights. With the motto of always protecting the legitimate rights and interests of customers, VCD tries and ensures to support customers and deploy work in the fastest, most timely, and effective way, regularly report the progress of the case as well as come up with a further action plan so that customers can easily monitor and evaluate work results. Customers can completely trust and feel secure when using VCD’s services.

Above is the article “Copyright protection for translated works“. We hope this article is useful to you.

Respect

Copyright protection for literary works and folk artworks

The preservation of indigenous culture is encouraged as society develops, particularly the protection of copyright for literary works and folk artworks. The legal provisions of Vietnam regarding the copyright protection of literary works and folk artworks will be clarified in this essay.

1. The concept of literary works, folk artworks

  • Literary works and folk artworks are covered by copyright at Point I, Clause 1, Article 14 of the Law on Intellectual Property in 2005, amended and added in 2009 and 2022 (“IP Law”).
  • Clause 1, Article 23 of the  IP Law and  Article 18  of  Decree 22/2018/ND-CP,  literary works, and folk artworks are collective creations on the traditional basis of a group or individuals in order to reflect the aspirations of the community, proportionately express their cultural and social characteristics,  Standards and values are handed down by simulation or otherwise. Literary works and folk artworks include:
    • Stories, poems, riddles (understood as verbal art forms);
    • Singing, musical melodies; Dances, performances, rituals, and games (understood as performing arts such as rowing, canoeing, reform, puppetry, singing, musical melodies; dances, performances, folk games, village societies, folk ritual forms);
    • Graphic art products, paintings, sculptures, musical instruments, architectural models, and other art forms are represented in any material form.

2. General principles of copyright protection for literary works and folk artworks

  • Copyright protection for this kind of work is applied to general copyright protection rules in addition to the application of special provisions for literary works and folk artworks.
  • The concepts of national treatment, automatic protection, natural protection, and independent protection are the three fundamental tenets governing copyright protection.
  • Principles of National Treatment: As stated in Article 1 of Article 5 of the Berne Convention, authors of works protected by this Convention are entitled to copyright in all countries, with the exception of the country in which the work was created, as well as any other rights that may be granted to its citizens now or in the future by applicable national law. According to Article 13 of the IP Law, copyright holders who have works protected by copyright also include foreign groups and people whose works are protected in Vietnam by international copyright treaties to which Vietnam is a party.
  • Automatic or natural defense is based on the following principles: The question of authorship emerges as soon as the work takes on a specific material form, independent of any formalities like registration or publication. Any form of expression through which the public can witness the presence of the work is referred to as having a “material form” in this context. This is confirmed by Clause 1, Article 6 of the IP Law, which states that the author’s claim arises because the work was created and expressed in a specific material form, regardless of content, substance, form, medium, language, publication, or publication, registration or registration, or any other circumstance.­­­­
  • Independent protection principle: As stated in paragraph 2 of Article 5 of the Berne Convention, under which the practice and enjoyment of copyright are entirely independent of whether or not the work is protected in the nation of origin. As a result, in addition to the provisions of this Convention, the degree of protection and the avenues for complaint that ensure the author will be able to defend his rights will completely depend on the laws of the nation where the protection is in effect.

3. The standing of Vietnamese copyright legislation for works of literature and traditional art

  • In Article 18 of Decree 22/2018/ND-CP, literary works, and folk art are stories, poems, and puzzles;  Dances, musical melodies; Dances, performances, rituals, and protected games do not depend on shaping.
  • The provisions of Clause 2, Article 23 of the Law on Intellectual Property and Clause 4, Article 18 of Decree 22/2018/ND-CP require organizations and individuals to acknowledge the source of literary works or folk art when using such works (specifically, by mentioning the origin and place names of the communities where literary works are located and folk art is formed). This protects the true worth of literary works and folk arts. The aforementioned uses cover gathering, learning about, performing, and educating people about the real worth of literature and folk art.
  • Duration of protection (specified in Article 27 of the IP Law):
  • Moral rights are eternally protected, including the right to name works, use a real name or a pseudonym when publishing or using them, protect the integrity of the work from tampering, and prohibit others from altering it in any way that might damage the author’s honor or reputation.
  • For co-authored works, the protection period lasts until the fiftieth year following the passing of the last co-author. Moral rights (publication of the work or permission for others to publish the work) and property rights are protected for the lifetime of the author and for fifty years after the author’s death. The time of protection expires at 24 hours on December 31 of the year that the copyright protection period ends.

Above is the article “Copyright protection for literary works and folk artworks”,  we hope this article is useful to you.

What is intellectual property? Why do businesses have to protect intellectual property?

Intellectual property is now a significant global issue in the booming era of science and technology, not just a national one. Intellectual property rights are increasingly at risk of infringement as the number of intellectual goods rises, particularly in the age of technology. For the owner of intellectual property rights, security is therefore crucial. Vietnam Copyright will also discuss the need for intellectual property protection in the company in this article.

1. What is intellectual property?

The inventive works of the human mind are known as intellectual property. It may include literary or musical compositions, computer programs, discoveries, practical solutions, or industrial designs. Vietnamese law has established intellectual property rights as a means of regulating these assets and protecting them. These rights include copyright and rights associated with copyright, industrial property rights, and rights to plant types.

2. Why do businesses have to protect intellectual property?

The advancement of businesses and society depends on the protection of intellectual property rights because:

  • Intellectual property protection fosters creativity: For ownership holders, intellectual property protection serves as the impetus to help them create, devote their time and energy to study projects, advance methodologies, and produce high-quality goods.
  • Protection of intellectual property rights helps businesses succeed by minimizing losses and preventing financial losses brought on by rivals’ “appropriating” activities.
  • A healthy competitive climate produced by intellectual property protection catalyzes economic expansion. Intellectual property legislation prohibits using trademarks that are identical to or confusingly similar to those that are protected, as well as using protected confidential information without authorization.
  • Intellectual property protection boosts a company’s reputation: Organizations and individuals must commit years of time and money to research and development (creation, testing, etc.) before introducing a product to the public. In order to demonstrate to customers the brand’s quality and image, intellectual property is protected.
  • Intellectual property protection helps the nation: In addition to the above reasons, protecting intellectual property also affects politics. Protecting intellectual property rights is a requirement for nations wishing to join the World Trade Organization. As a result, the preservation of intellectual property rights is crucial to our nation’s economic integration with the rest of the world.

3. Legal services supporting the copyright of VCD

         With a team of experienced legal experts, VCD is confident in supporting clients with issues in the field of Copyright. With the motto of always protecting the legitimate rights and interests of customers, VCD tries and ensures to keep customers and implement work in the fastest, most timely, and effective way, regularly report the progress of the case as well as provide further action plan so that customers can easily monitor and evaluate work results. Customers can completely trust and feel secure when using VCD’s services.

Above is the article “What is intellectual property? Why do businesses have to protect intellectual property?”. We hope this article is helpful to you.

Respect

Copyright protection for musical works

The evolution of music parallels the evolution of society; it is a vehicle for the precise expression of human needs, desires, and emotions. The legislation states that music products are also copyright protected, but for more information on the particular protection rules, please see the “Copyright protection for musical works” VCD article below.

1. Understand what a musical work is?

Musical works are one of the subjects protected by copyright and are specified in Point d Clause 1 Article 14 of the Law on Intellectual Property.

The definition of musical works is specified in Article 10 of the Government’s Decree No. 22/2018 dated February 23, 2018, detailing a number of articles and measures to implement the 2005 IP Law amended and supplemented in 2009.

Specifically: “A musical work specified  in Article 14 of the Law on Intellectual Property is a work expressed in the form of musical notes in a sheet or other musical characters or shaped on a sound recording, video recording with or without lyrics,  it doesn’t depend on whether or not to perform.”

However, since the work was produced and expressed in a specific material form, as stated in Article 6 of the Law on Intellectual Property, copyright will be protected. In other words, once a product is produced and its existence can be verified, it will now be covered by copyright. The same holds for musical compositions; if the composer has not yet finished composing the melody in his or her thoughts, the composition is not protected. The authorship of that musical work won’t become apparent until the artist expresses the work in a specific material form (writing melodies, notes, or expressions on a computer, for example).

2. Copyright protection for musical works

The State’s adoption of legal standards that establish a legal foundation for the establishment, recognition, and protection of legitimate rights and interests for organizations and individuals about musical works produced by them can be understood as copyright protection for musical works.

In particular, it covers the topics of creating and utilizing musical work copyright, managing, using, and operating musical work copyright, and defending musical work copyright from infringements.

3. Conditions for musical works to be protected by copyright

Conditions for musical works for copyright protection

  • The sort of work must be molded from a specific material.

Only when the song is expressed as a musical note, written on paper, or entered into a computer is the song eligible for copyright protection. If the melody is only formed in the musician’s head, it is not a protected musical work.

  • The content doesn’t violate societal morality or public order, and it doesn’t compromise national security or defense.

As stated in Clause 1 of Article 8 of the Law on Intellectual Property, “Recognition and protection of intellectual property rights of organizations and individuals on the basis of ensuring the harmonization of the interests of intellectual property rights holders with public interests; do not protect intellectual property objects that are contrary to social morality, public order, or harm to the environment” is the core of the State’s intellectual property policy.

Conditions of authors whose musical works are protected in Vietnam

  • The author’s work is a Vietnamese citizen;
  • The work is owned by Vietnamese citizens, legal entities, and organizations;
  • Works of foreigners and foreign legal entities are created and expressed in certain material forms in Vietnam;
  • Works of foreigners and foreign legal entities were first published and disseminated in Vietnam;
  • Works of foreigners and foreign legal entities are protected in Vietnam under international treaties that Vietnam has signed or acceded to.

Therefore, when the aforementioned requirements are satisfied and the musical work is expressed in a specific material shape, authorship of the musical work becomes evident.

In reality, instances of plagiarism or the copying of lyrics are relatively common, but the author rarely takes action because they can’t demonstrate that they are the rightful owners of the song. Because of this, copyright registration is one of the best methods to safeguard work, provides reliable justification for dealing with infringers, and gives the owner a benefit in cases of unpaid royalties to organizations and unauthorized use of the author’s musical work.

Above is the article “Copyright protection for musical works“. We hope this article is useful to you.

Respect