Author: Editor VCD

Normally, when a work is created and shaped into a certain physical form, the author or owner will register for copyright protection to protect his or her rights and interests. However, not every author or owner will register copyright protection for their work immediately, but for some reason or an act of copyright infringement, they may register for copyright protection. Therefore, the question is: How are published works registered for copyright?

1. What is a published work?

According to Clause 7, Article 4 of the Intellectual Property Law, “A work is a creative product in the fields of literature, art, and science expressed in any medium or form”.

Publication of works is a moral right and one of the important contents of copyright. The author (in case he is also the owner of the work) has the full right to publish, disseminate, or let others publish and disseminate his work. When publishing a work, the author also has the right to choose the form and type of art appropriate to that work. According to Clause 8, Article 3 of Decree 17/2023/ND-CP detailing several articles and measures to implement the Intellectual Property Law on copyright and related rights, “Publication of works and performances has been fixation, audio recording, or video recording means the release with the consent of the copyright owner or related rights owner of a copy of a fixed work, performance, audio recording, or video recording under any form in reasonable quantities sufficient for the public to access depending on the nature of the work, performance, audio recording, or video recording. A work of art or architectural work is considered published if the work is placed in a public place with the consent of the copyright owner for public access and can be copied.

Therefore, it can be understood that a published work is the release of copies of the work to the public by the author or owner of the work, in a quantity sufficient to meet reasonable public demand depending on the nature of the work.

2. Legal issues

2.1. Can published works be copyrighted?

According to Clause 1, Article 6 of the Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of content, quality, form, or method. medium, language, published or unpublished, registered or unregistered. Therefore, copyright registration is not mandatory, and immediately after completion of the work, even though copyright registration procedures have not been carried out, copyright still arises from that moment.

In addition, the work here must be original, created by the author himself, not copied or imitated by other works, and be concretized in a certain material form that will be protected by copyright.

Vietnamese law does not require that a created work be immediately registered for copyright because the work itself already has copyright from the moment it is created. Therefore, published or unpublished works, as long as they are shaped in a certain material form, will be registered for copyright. However, registration will prove and protect the rights and interests of the author and owner as follows:

• Registering copyright protection will mean declaring legal ownership of the work, and avoiding other illegal profit-making activities. If others want to use or copy, they must have the owner’s consent.

• A work, in addition to its spiritual value and accompanying commercial element, if such acts of copyright infringement continue to occur, is truly an injustice to the author who has used it. His gray matter creates works.

• In reality, proving ownership when it has not been registered for protection is very difficult. Especially works that were created a long time ago. This is an important reason why copyright must be registered. Through copyright registration, a Registration Certificate will be issued, which is the most important document to prove the author and owner of the work.

2.2. How to register a copyright for published works?

Currently, the Intellectual Property law does not specifically regulate the steps to register copyright owners for published works but only regulates the registration of copyright owners for works. In general, according to Decree 17/2023/ND-CP detailing several articles and measures to implement the Intellectual Property Law on copyright and related rights dated April 26, 2023. The registration of copyright owners for published works will follow the procedures stated in Articles 38 and 39 of Decree 17/2023/ND-CP, and the registration dossier will include: including:

• Copyright registration declaration (according to the corresponding form in Circular 08/2023/TT-BVHTTDL dated June 2, 2023, Circular stipulating forms for copyright and related rights registration activities).

• Two copies of the copyrighted work: 01 copy kept at the Copyright Office and 01 copy stamped with the Registration Certificate number and returned to the subject to whom the Registration Certificate was issued.

• Power of attorney or authorization contract, in case the authorizing party is an individual, the authorization document must be authenticated according to the provisions of law.

• Documents proving the right to apply;

• Written consent of the co-authors, if the work has co-authors;

• Written consent of the co-owners, if the copyright is jointly owned.

• Identity card or citizen identification card of the author or owner of the work;

• Copy of the company’s Business Registration Certificate (if the owner is a company).

• Other documents depending on each case.

However, when registering the copyright owner for a published work, you need to pay attention to filling out the information in the Copyright Registration Declaration. Accordingly, for the registered works section, there will be two forms that need to be filled out: published and unpublished. For published works, the published section will be filled in. Here, the author and owner must fill in complete information about the date of publication, a form of publication (a form of issuing copies such as publishing, recording, video recording), place of publication in province and city, and which country providing accurate and complete information in this section will be the basis for Copyright Office experts to review and evaluate the work in the best way, to optimally ensure the rights and interests of the author and owner property.

3. Conclusion

More and more authors and owners are now registering copyright for their published works. Therefore, understanding the legal regulations is very necessary.

Above is the article: “How to register a copyright for published works?“. I hope this article will help you.

In today’s social life, copyright registration is increasingly important, especially when the situation of copyright infringement becomes more and more complicated. Therefore, it is very important to firmly grasp the process and necessary documents when registering copyright. Details will be shown in the article below.

1. What is copyright registration?

Copyright is the right of organizations and individuals to works they create or own (Clause 2, Article 4 of the Intellectual Property Law). Therefore, copyright (or copyright) is a type of intellectual property right granted to the author or copyright owner to control the copying, use, distribution, and presentation of their work. to protect the work from unauthorized copying or use.

Therefore, it can be understood that copyright registration is the act of the author or copyright owner submitting documents to a competent state agency (Copyright Department) to record information about the author, work, or copyright owner.

2. Basis for arising copyright and copyright registration conditions for the registered subject

According to Clause 1, Article 6 of the Intellectual Property Law, copyright arises when a work is created and expressed in a certain physical form, regardless of content, quality, form, or medium. , language, published or unpublished, registered or unregistered. Vietnamese law only protects works when they are formed in a certain material form such as writing paper, etc., and must ensure that the work is the creative effort of the author, not copied or imitated by other works.

According to the provisions from Article 37 to Article 42 of the Intellectual Property Law, copyright protection includes the person directly creating the work and the copyright owner:

• Author, co-authors,

• Organizations – individuals assign tasks to authors or enter into contracts with authors,

• Heirs, transferees, State.

Authors and copyright owners include Vietnamese organizations and individuals; Foreign organizations and individuals whose works are published for the first time in Vietnam but have not been published in any other country or are published simultaneously in Vietnam within thirty days from the date of the work that is published for the first time in another country; Foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which the Socialist Republic of Vietnam is a member.

3. Copyright registration process

3.1. Determine the type of work to be registered

According to Clause 1, Article 14 of the Intellectual Property Law, there are regulations on types of works protected by copyright, including Literary and scientific works, textbooks, course books, and other works that appear in writing or other characters; Sermons, speeches and other talks; Journalistic works; Musical works; Theater works; Cinematographic works and works created by similar methods (hereinafter collectively referred to as cinematographic works); Works of fine arts and applied arts; Photographic works; Architectural works; Maps, diagrams, maps, drawings related to topography, architecture, scientific works; Literary and folk art works; Computer programs, data collection.

Article 14 also stipulates that derivative works (Derivative works are works translated from one language to another, works of adaptation, transformation, compilation, annotation, selection) can only be protected under the provisions of point a if it does not prejudice the copyright of works used to make derivative works.

In addition, literary, and scientific works, textbooks, course books, and other works expressed in the form of writing or other characters, and lectures, speeches, and other talks must be directly composed by the author. Create with your intellectual labor without copying from the works of others.

3.2. Prepare documents

To register the copyright owner of a work, the author needs to prepare the following documents and records:

• Copyright registration declaration (according to the corresponding form in Circular 08/2023/TT-BVHTTDL dated June 2, 2023, Circular stipulating forms for copyright and related rights registration activities). The declaration must be made in Vietnamese and signed by the author, copyright owner, related rights owner, or person authorized to apply. The declaration must contain complete information about the applicant, author, copyright owner, or related rights owner. The declaration must contain a summary of the content of the work, performance, audio recording, video recording, or broadcast; author’s name, work used as a derivative work if the work is registered as a derivative work; time, place, and form of announcement; Commitment to responsibility for the information stated in the application.

• Two copies of the copyrighted work:

01 copy is kept at the Copyright Office and 01 copy is stamped with the Registration Certificate number and returned to the subject to whom the Registration Certificate was issued.

For works with unique characteristics such as paintings, statues, monuments, reliefs, and monumental paintings associated with architectural works; works that are too large and bulky, copies of registered works are replaced by three-dimensional photographs.

• For written works: 02 volumes on A4 paper with page numbers and author’s signature on each page or company seal;

• For computer programs: 02 printed copies of source code + software interface on A4 paper + 02 CDs with source code content and interface on them;

• For works of applied art: 02 copies printed on A4 paper of the work with the signature or stamp of the author or owner of the work;

• For musical works: 02 printed copies of music + lyrics or audio recording (recording) in case of recording;

• For architectural works: 02 drawings on A3 paper

• Power of attorney or authorization contract, in case the authorizing party is an individual, the authorization document must be authenticated according to the provisions of law.

• Documents proving the right to apply;

• Written consent of the co-authors, if the work has co-authors;

• Written consent of the co-owners, if the copyright is jointly owned.

• Identity card or citizen identification card of the author or owner of the work;

• Copy of the company’s Business Registration Certificate (if the owner is a company).

All documents submitted with the copyright registration application must be made in Vietnamese; if made in a foreign language, they must be translated into Vietnamese and notarized or authenticated.

3.3. Submit

Currently, there are three ways to submit applications, including direct submission, submission by mail, and online submission, specifically as follows:

• When submitting documents directly, the author or owner can submit them to the following addresses:

• Copyright Office: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi.
• Representative office in the City. Ho Chi Minh: No. 170 Nguyen Dinh Chieu, Ward 6, District 3, City. Ho Chi Minh.
• Representative office in the City. Da Nang: No. 58 Phan Chu Trinh, Hai Chau District, Da Nang city.

• When submitting by mail, the author or owner can submit to the address: Copyright Office: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi.

• When submitting online, the author or owner can submit via the online service portal: http://dichvucong.gov.vn/

3.4. Follow the Copyright Office’s response

To submit an accurate and complete dossier to register the copyright owner of a work will often take quite a lot of time, requiring the author and owner to be careful in preparing the dossier. Dossiers during the submission process and after successful submission will be carefully appraised and reviewed by experts. In case the dossier is invalid, Copyright Office specialists will guide corrections via email or phone; If the application is valid, the author and owner will receive a receipt of the application.

3.5. Get results

After the dossier is evaluated and confirmed to be valid and complete, the Copyright Office will issue a registration certificate to the owner to record ownership rights for the owner. The time will usually last 02 months from the date of application submission, including 01 months to classify and review the validity of the application, in case the application is valid according to regulations, within 15 working days ( excluding Saturdays and Sundays), the competent State is responsible for issuing Copyright Registration Certificates and Related Rights Registration Certificates.

4. Conclusion

Depending on the type and relationships surrounding the work, the documents in the copyright registration application are different, for example, the work was created in Vietnam but the owner is a legal entity abroad. Therefore, to prepare a valid dossier, the author and owner must have knowledge and expertise, otherwise, they must authorize another organization or individual with experience to prepare and monitor the process and submit documents at the Copyright Office.

Above is the article “Copyright registration process in Vietnam”. I hope this article will help you.

Every work from the moment it is created is automatically protected by copyright. However, is that work protected everywhere in the world, and is the protection period permanent or not? To answer this question, please read “Should copyright be protected without limitation of space and time?” our article.

1. Copyright protection of space

Copyright protection is not the same around the world, but the scope of protection for authors and owners depends on the laws of each country and is only calculated within the territory of that country. Each country has its copyright protection system. Creative works only enjoy copyright protection if they meet the legal standards set forth by the copyright laws of a given country.

Copyright is not automatically valid in another country unless those countries join an international treaty on the protection of that right. This can be understood as meaning that a work protected in country A does not mean that it is protected in country B unless countries A and B have a general agreement on the issue of protection. support works in both countries. Then, the spatial scope in which ownership of that intellectual property is protected will be extended to all member states, for example, works born in a member state participating in the Convention. The Berne Convention on the protection of literary and artistic works is protected in other member states.

On the other hand, even though there is an agreement or general agreement, copyright protection in countries participating in the agreement is not completely similar, for example, there are differences in the terms of protection, regulations on Penalties for violations, etc.

2. Copyright protection over time

Regarding the term of copyright protection, there are two forms of protection: indefinite and limited, divided into personal rights and property rights under copyright.

In particular, the moral rights attached to the author are rights that are protected indefinitely, including Naming the work; Putting your real name or pseudonym on the work; being given your real name or pseudonym when the work is published or used; Protect the integrity of the work to prevent others from distorting it; Do not allow others to modify or mutilate the work in any form that harms the author’s honor and reputation.

Copyright is a property right that is only protected for a certain period and is not protected permanently, such as the right to make derivative works, perform works, etc. In addition, the right to publish works or allowing others to publish works, although they are moral rights, are associated with economic benefits, so they are also protected for a limited time. During that time, authors enjoy exclusive rights to their works.

For each different work, there will be different deadlines. Copyright is only valid during the protection period. After the term expires, the work belongs to the public and can be used freely, but the integrity of the work and the author’s name must be respected.

Above is the article “Should copyright be protected without limitation of space and time?“. We hope this article is useful to you.

The author is usually the holder of copyright to the work, including moral rights and property rights. However, in certain cases such as through rights transfer contracts, creative contracts, etc., the author only holds moral rights and no longer holds property rights to the work. That property right belongs to another entity, called the copyright owner. Therefore, what rights does the author who is not the copyright owner have over the work? We would like to clarify through the article “What rights do authors who are not concurrently copyright holders have as prescribed by law?.

1. Author and copyright owner

According to the provisions of Article 12a of the Intellectual Property Law, the author is understood as the person who directly creates the work, in cases where two or more people directly create the work with the intention that their contributions are recognized as combined into a complete whole, those people are co-authors.

A copyright owner is an individual or organization that holds one, several, or all of the property rights related to a recognized work, whether or not they directly create that product. Based on the relationship in the process of creating a work, copyright owners are divided into two types: copyright owners who are authors and copyright owners who are not authors.

For the copyright owner who is the author, based on the provisions of Article 37 of the Intellectual Property Law, when the author uses his or her time, finances, and physical and technical facilities to create work, they will be identified as the copyright owner.

In reality, there are some cases where the copyright owner is not also the author, specifically as follows:

• Agencies or organizations assign tasks to authors to create works, including works created according to tasks and works created outside the framework of tasks;

• Individuals and organizations enter into creative contracts with authors;

• A person who inherits the copyright;

• Person to whom rights are transferred;

• Government;

• General public.

2. The author’s rights are not the same as the copyright owner

2.1. The author’s rights are not the same as the copyright owner

In case the author is not the copyright owner, the author only has moral rights that cannot be transferred, specifically as follows:

• Receive royalties;

• Receive remuneration for used works;

• Receive an award for a work of which you are the author, unless the work is not protected by the State;

• Name the work;

• Put your name (real or pseudonym) on the work; be named when the work is published or used;

• Protect the integrity of the work. Specifically, do not allow others to edit, mutilate, or distort the work in any form that harms the author’s honor and reputation.

2.2. Limit the rights of authors who are not also copyright owners

Depending on the agreement between the author and the copyright owner, the owner may have some or all property rights to the work. In case all rights to publish the work and property rights belong to the copyright owner, the author is not allowed/does not have the right to do or allow others to do:

• Publish the work or allow others to publish the work;

• 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.

3. What should an author who is not the copyright owner do when his or her copyright is infringed?

When the author who is not also the copyright owner discovers that his or her work is infringed upon by copyright, the author can do the following to protect copyright:

• Notify the current copyright owner and agree on an appropriate solution;

• Notify and request the infringing party to immediately stop the act of infringing upon his or her rights;

• File a lawsuit in Court;

• Contact individuals/organizations providing legal services for advice on procedures, procedures, and solutions in case of rights infringement.

Above is the article “What rights do authors who are not concurrently copyright holders have as prescribed by law?”. We hope this article is useful to you.

Copyright for a work is a type of intellectual property, including moral rights and property rights. According to Article 115 of the Civil Code 2015, property rights are rights that can be valued in money, including property rights to intellectual property rights, land use rights, and other property rights. Copyright can be transferred and become an inheritance, including property rights and certain moral rights. Because copyright is tied to the name and author himself, not all moral rights are transferred to the heirs. Therefore, what rights will the copyright heir inherit? In the following article “What rights do the heirs of copyright have according to the law?”, we will clarify.

1. Copyright

According to Clause 2, Article 4 of the Intellectual Property Law, copyright is the right of organizations and individuals to works they create or own. Copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, and father, registered or unregistered. According to Article 18 of the Intellectual Property Law, the copyright for works specified in the Intellectual Property Law includes personal rights and property rights.

2. Heirs of copyright

A copyright heir is a person who is entitled to the author’s property rights and part of the personal rights according to the law according to the line of inheritance allowed by the author through a will legally stipulated in the Civil Code 2015. Accordingly, beneficiaries of the right to inherit copyright are determined to be individuals and organizations. However, organizations can only inherit copyright in the form of a final will.

3. Rights of copyright heirs

Under Article 40 of the Intellectual Property Law, organizations and individuals that inherit copyright 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 the Intellectual Property Law. As the owner of copyright, the heir has the following rights:

• Personal rights

The copyright holder has the right to publish the work and to allow others to publish the work. The reason copyright heirs enjoy these moral rights is because these are moral rights but have economic value. The right to publish or allow others to publish a work is also directly related to the exploitation of economic benefits from the work and is a premise for the subject to be able to exercise property rights such as performing, copying, publishing copy, distributing, communicating… works. It is associated more with economic factors and assets than with personal factors, honor, and reputation of the individual. When organizations or individuals exploit and use this right, they must ask for permission and pay the copyright owner royalties, remunerations, and other material benefits. In this case is the copyright heir.

• Property rights
  • Making derivative works, whereby derivative works are works translated from one language to another, works of adaptation, adaptation, translation, compilation, annotation, selection;
  • Performing the work to the public, specifically the copyright heir performing the work directly or through audio or video recording programs or any other technical means accessible to the 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.

4. Ways to deal with heirs’ copyright infringement

In case of copyright infringement, the heir who is the copyright owner can take the following measures:

• When discovering that their rights have been violated, the heir needs to notify and warn the individual or organization that has infringed and request an immediate stop of the infringement.

• In case the above solution cannot be resolved, the heir can sue the violating individual or organization to the Court according to civil proceedings.

• Contact individuals/organizations providing legal services for support and advice on how to resolve the issue.

Above is the article “What rights do the heirs of copyright have according to the law?“. We hope this article is useful to you.

The copyright industry is increasingly developing, the works created not only bring spiritual values to society but also bring economic benefits. Authors and copyright owners need to understand the basic content of copyright law to be able to protect their rights. Therefore, Contents of copyright under Vietnam’s Intellectual Property Law

I. What is copyright?

1. Concept of copyright

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

Therefore, copyright includes the specific rights that the law gives to the author or owner of a work to name the work, have a real name or pseudonym on the work, and to have a real name or pen name mentioned on the work name when the work is published or used; Copying, adapting transmitting, or disseminating a work to the public by allowing others to participate in the process of exploiting the work.

2. Characteristics of copyright

• First, the object of copyright is the product of spiritual creative activity, protected regardless of content value and artistic value.

• Second, copyright tends to protect the form of expression of a work, not creative ideas.

• Third, the form of establishing rights under the automatic protection mechanism.

• Fourth, copyright is not protected absolutely.

II. Copyright content according to the current Intellectual Property Law.

Article 18 of the Intellectual Property Law stipulates: “Copyright rights to works specified in this Law include personal rights and property rights.” Meanwhile, it can be seen that copyright includes moral rights and property rights.

1. Moral rights

• Right to name the work: The name of the work partly represents the personal impression and creative personality. Above all, the work is the spiritual creation of the author, so the naming right is always attached to the author and not can be transferred to another person. However, this right does not apply to works translated from one language to another.
• Right to have the author’s name on the work: the author and co-authors are the subjects allowed to have their names on the work. This regulation is intended to better ensure the rights of co-authors regarding the results of their intellectual labor.

• The right to publish a work or allow others to publish a work: is the release of a work to the public in a reasonable number of copies to meet public demand depending on the nature of the work, granted by the author. or performed by the copyright owner or by another individual or organization with the consent of the author or copyright owner. Publication of a work does not include the performance of a theatrical, cinematic, or musical work; reading in public a literary work; broadcasting of literary and artistic works; display of visual works; Construction works from architectural works.

• The right to protect the integrity of the work and not allow others to edit or cut the work in any form that harms the author’s honor and reputation: is the right to not allow others to edit or cut the work. rip works or repair or upgrade computer programs unless otherwise agreed by the author. However, technical modifications when presenting a work that does not affect the content, ideology, or form of expression of the work do not require the author’s permission and do not violate the rights of the author. protect the integrity of the work.

2. Property rights

• Right to make derivative works: When exploiting and using the right to make derivative works, organizations and individuals must obtain permission from the copyright owner and pay royalties and other material benefits (if applicable) to the copyright owner, except for the exceptions specified in Clause 3, Article 20, Articles 25, 25a, 26, 32, and 33 of the Intellectual Property Law amended and supplemented in 2022. In the case of creating derivative works that affect moral rights specified in Clause 4, Article 19, the author’s written consent is also required.

• Right to perform a work in public: is the right of the copyright owner to exclusively perform or allow others to perform the work directly or through audio or video recordings or any other What technical means are accessible to the public?

• The right to copy a work: the right of the copyright owner to exclusively make or authorize others to make copies of the work in any means or form, including the creation of copies in electronic form.

• The right to distribute or import originals or copies of works: is what the copyright owner does or allows others to do in any form or technical means accessible to the public to sell, rent, or otherwise transfer originals or copies of works.

• Right to communicate works to the public: the right of the copyright owner to make or allow others to make the work or copies of the work available to the public through certain technical means.

• Right to rent originals or copies of cinematographic works and computer programs: To exploit economic efficiency, copyright owners can lease originals or copies of works to others for exploitation and limited use.

Above is the article “Copyright Content under Vietnam Intellectual Property Law”. We hope this article is useful to you.