Author: Editor VCD

Does copyright protect content?

Written by Editor VCD on 13 June, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

Copyright is an important component of intellectual property rights, and therefore, it also possesses the outstanding characteristics of this field. The objects protected by copyright are intellectual creative activities, expressed through unique works in literature, art and science. Moreover, copyright also has certain limitations in terms of space, time and content of protection, to ensure fairness and reasonableness in the use of works. However, the question is whether copyright protects the content of the work or not. The following article of VCD will help you.

1. What is copyright?

The term “copyright” is expressed differently in different languages: English uses “copyright” (meaning the right to copy), French is “droit d’auteur” (author’s right), and German is “Urheberrecht” (copyright). This difference reflects the diverse approaches to the concept of copyright and the protected subjects. Depending on the viewpoint, copyright law in the world is divided into two systems: the continental European system (Droit Auteur – System) and the Anglo-American system (Copyright – System). Regardless of the approach, countries agree that copyright includes the rights (personal rights and property rights) of the subject (author and copyright owner) to their work, recognized and protected by law.

According to the current Vietnamese Intellectual Property Law, the concept of “copyright” according to Clause 2, Article 4 of the 2005 Intellectual Property Law (amended and supplemented in 2009, 2019) is the right of an organization or individual to the work they create or own. In which, copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, means, language, regardless of whether the work has been published or not, registered or not with the competent authority.

Thus, as soon as the work is created, comes into being and exists in a recognizable form, copyright also arises from that moment. At the same time, the subject of copyright includes literary, artistic, and scientific works; the subject of rights related to copyright includes performances, sound recordings, video recordings, broadcast programs, and encrypted satellite signals carrying programs.

2. Does copyright protect content?

Characteristics of copyright:

First, the subject of copyright is the product of creative spiritual activities. This creative field mainly focuses on culture and art, aiming to satisfy spiritual needs and improve knowledge in these fields. The work, as the subject of copyright, often reflects the thoughts, feelings, style and outlook on life of the creator, containing certain spiritual content.

Second, copyright is established automatically. This means that copyright arises without any procedures or formalities. When a work is shaped and recognizable, the author or copyright owner automatically has rights to that work, and these rights are recognized and protected by law without the need for registration. However, protection will not apply when the work exists only in the creator’s idea.

Finally, copyright only protects the form of expression of the work, not the creative idea.

One of the important characteristics of copyright is that it only protects the form of expression of the work, not the content inside. Creative works in the fields of literature, art and science are only valuable when the public can access them. Therefore, copyright is only protected by law when the work is expressed in a specific form that can be recognized and identified.

Creative activities often require material sources such as ideas and information, and these sources can be considered common property of society. Everyone has the right to exploit them freely, so they are not within the scope of copyright protection. From these common material sources, the author uses tools such as language, sound, images, and colors, and adds personal thoughts and feelings to create the work.

Although the ideas and themes of the works may overlap, the form of expression of each author cannot be identical, because the creative process depends on the way the author uses his materials and tools.

Based on the above analysis, it can be seen that the law only protects copyright for the form of expression, but does not protect the theme or content of the work.

Above is the article “Does copyright protect content?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Are personal images copyrighted?

Written by Editor VCD on 3 June, 2025. Posted in Announcement, Copyright Registration.

From a legal perspective, many people are often confused about whether personal images are protected by copyright under the Law on Intellectual Property in Vietnam. This confusion largely stems from the lack of clear distinction between personal rights and intellectual property rights. So, are personal images protected by copyright? Please follow the article of VCD below.

1. Legal provisions on copyrighted works?

Copyright, also known as author’s rights, is the legal right to protect human creative works in fields such as literature, art and science. Protected works include literary works such as books, poems, stories, works of art, musical works, logos, scientific works, computer programs, etc. Copyright ensures that the creator of the work has the right to control, manage, own the use, distribution, etc. of the work and benefit from the fruits of his or her intellectual labor.

According to the provisions of the current Law on Intellectual Property, Article 18 stipulates: copyright includes personal rights and property rights. Personal rights include rights attached to the individual author related to the honor and reputation of the author and are non-transferable. Meanwhile, property rights are transferable rights that allow the author to exploit the economic value of his or her own work such as: copying, distributing, the right to make derivative works, etc. Property rights that can be transferred or inherited play an important role in exploiting the economic benefits of the work.

Therefore, it can be seen that copyright only applies to original creative works and belongs to one of the types prescribed by the Law on Intellectual Property. Therefore, the Law on Intellectual Property only protects works that express personal creativity and have certain artistic, scientific, and literary values. These creations must be expressed in a certain material form.

2. Are personal images protected by copyright?

Personal images are not creative works of artistic or scientific nature like works of the type protected under the provisions of the current Law on Intellectual Property. A portrait or everyday image of an individual is not considered an original, unique, and non-artistic product in the sense that the Law on Intellectual Property requires protection.

Personal images are mainly related to the personal rights and privacy of individuals, not related to the creative or commercialization process. However, it should be noted that the personal rights here are not the personal rights of the author.

While copyrighted works are often for commercial purposes, exploiting economic value or protecting the author’s rights, personal images are mainly protected to ensure that the individual has the right to control how his or her image is used.

Article 32 of the 2015 Civil Code (No. 91/2015/QH13) clearly stipulates the rights of individuals to their own image. Specifically, individuals have full rights to their own image; any party wishing to use this image must have that person’s consent. In particular, if the image is used for commercial purposes, the user must pay remuneration to the owner of the image, unless otherwise agreed.

This regulation aims to protect the personal rights of each individual, ensuring that their image is not abused or misused, causing damage to their honor and reputation. This helps prevent abusive behaviors, such as using images for commercial purposes without permission, or distorting or falsifying images to affect individuals.

When the use of images violates the law, individuals have the right to request the Court to intervene, request the withdrawal, destruction or termination of the use of the image, as well as compensation for damages according to the provisions of law.

Personal image is not only a personal right but also one of the basic personal data protected by many different legal documents. In particular, Decree No. 13/2023/ND-CP on personal data protection, effective from July 2023, has identified personal images as a type of protected data.

While the Intellectual Property Law protects creative works, allowing authors to commercially exploit and benefit economically from their intellectual products, the right to personal image focuses on protecting the personal rights, privacy and dignity of individuals. The goal is not to exploit the commercial value of images, but to protect the right of individuals to decide how to use their images, preventing abuse that could damage their honor or reputation.

Therefore, the right to personal image is often confused with the personal rights in copyright or authorship, but in fact, despite many similarities, these two concepts still have important differences that cannot be identified.

In fact, personal images are not protected by copyright, because copyright only applies to creative works of artistic, literary and scientific nature. Instead, personal images are protected under the provisions of the Civil Code and related laws, to ensure personal rights and protect the privacy of individuals. This provision helps prevent the abuse of personal images and protect the honor and reputation of each individual in society.

Above is the article “Are personal images copyrighted?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Is it necessary to copyright a poem?

Written by Editor VCD on 3 June, 2025. Posted in Announcement, Copyright Registration, Written works.

Nowadays, poetry has become a familiar art form, close to everyone. No one goes through the educational process without hearing poetry at least once, because poetry is the language of the soul, expressing creativity and deep emotions of people. It can be affirmed that the existence of poetry is closely linked to language; when there is language, there is also poetry. For that reason, copyright protection for poetry collections is extremely necessary. The following article of VCD will help you.

1. What is poetry?

According to Wikipedia, poetry, also known as poetry, is a form of literary art that is rhyming, concise and concise. The outstanding feature of poetry is the ability to condense ideas, causing strong emotions for readers in just a moment. A poem is not simply a combination of words, but also sounds and rhythms, creating a unique emotional space.

Poetry is often used to express lyrical emotions, reflecting vivid experiences of beautiful natural scenery or tragic scenes. The connection between human emotions and the surrounding environment is an endless source of inspiration for the composer.

To create good poems, poets need to have the ability to observe carefully, synthesize and quickly associate between current images and what has been experienced. It is the distillation and purity of language that makes poetry a profound art form, bringing a rich experience to the reader.

According to the Law on Intellectual Property, poetic works are defined as a form of literary work under copyright. This work includes compositions that are expressed in writing, have unique rhymes and language structures. The outstanding feature of a poetic work is its creativity, which means it must be the author’s unique intellectual product.

2. Is it necessary to register copyright for a poetic work?

According to the Law on Intellectual Property, poetry will be protected as a literary work, scientific work, textbooks, teaching materials and other works expressed in the form of writing or other characters or works of folk literature and art.

Copyright for a work such as poetry is automatically protected from the time the work is created and expressed in a certain material form. Although copyright registration is not mandatory, it is necessary if you want to protect your rights against legal risks or disputes related to ownership.

Application for copyright registration of poetic works:

Copyright registration form: When submitting an application for copyright registration, individuals or organizations need to use the copyright registration form. The application must be made in Vietnamese and signed by the author, copyright owner or authorized person. The application must include full information about the applicant, author, copyright owner, summary of the work, time, place, form of publication, and commitment to responsibility for the information in the application.

02 copies of the work: One copy to be kept at the Copyright Office and one stamped copy to be returned to the subject granted the Certificate of Registration.

Power of Attorney: If the applicant is an authorized person.

Document proving the right to submit the application: If the applicant enjoys the right from another person through inheritance or transfer.

Written consent of co-authors: If the work has multiple authors.

Written consent of co-owners: If the copyright is jointly owned.

Note that all documents must be made in Vietnamese. If using a foreign language, it must be translated into Vietnamese and notarized or certified. Copies submitted with the application must also be notarized or certified.

Benefits of copyright registration for poetry works:

A copyright registration certificate provides strong legal evidence of ownership of the work. In case of a dispute, this certificate will help you assert your rights before the court or competent authorities, creating favorable conditions for protecting your legal rights.

Copyrighted works often have higher commercial value. When you want to transfer the right to use, print or publish a work, a copyright certificate will be an important factor, helping to increase the trust of investors, publishers or business partners. This also creates favorable conditions for the reasonable valuation of the work.

Once you have a copyright certificate, you will have a solid basis to request compensation or handle copyright infringements according to the law. This helps you protect your rights more effectively, limit legal risks and create a safer creative environment for authors.

Copyright registration not only protects the work but also enhances the author’s personal reputation. An author whose work is copyrighted will be taken more seriously in the creative community, thereby opening up many opportunities for cooperation and career development.

Above is the article “Is it necessary to copyright a poem?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

When copyright is infringed, which agency should be requested to handle it?

Written by Editor VCD on 3 June, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the context of the strong development of the knowledge economy, copyright is becoming an increasingly important issue, affecting the rights of individuals and creative organizations. When copyright is infringed, it is extremely necessary to identify the competent authority to handle it. The following article by VCD will help you.

What is copyright infringement?

According to the provisions of the current Intellectual Property Law, copyright belongs to the individual or organization that creates or owns the work. This right arises as soon as the work is created and is expressed in a material form, regardless of the content or form.

Copyright infringement is when an individual or organization that is not the author or is authorized by the author to transfer the copyright (collectively referred to as the non-rights entity) exercises the copyright rights stated in the first part. And this negatively affects the legitimate rights and interests of the author or the right holder.

Copyright infringement can be understood as the act of appropriating, copying, impersonating the author, publishing, distributing the work, editing, cutting or distorting the work in any form without the permission of the author or copyright owner. Violations are specifically regulated in Article 28 of the current Law on Intellectual Property.

When copyright is infringed, which agency should be requested to handle it?

2. When copyright is infringed, which agency must be requested to handle it?

Clause 1, Article 80 of Decree 17/2023 stipulates as follows:

A request to handle an infringement of copyright or related rights is submitted to the competent authority to handle the infringement specified in Article 200 of the Law on Intellectual Property (hereinafter referred to as the agency handling the infringement).

Article 200 of the Law on Intellectual Property stipulates the authority to handle acts of infringement of intellectual property rights as follows:

1. Within the scope of their duties and powers, the Courts, Inspectorates, Market Management, Customs, Police, and People’s Committees at all levels have the authority to handle acts of infringement of intellectual property rights.

2. The application of civil and criminal measures is under the jurisdiction of the Court. If necessary, the Court may apply temporary emergency measures in accordance with the provisions of law.

3. The application of administrative measures is under the jurisdiction of the Inspectorates, Police, Market Management, Customs, and People’s Committees at all levels. If necessary, these agencies may apply preventive measures and ensure administrative sanctions in accordance with the provisions of law.

4. The application of measures to control exported and imported goods related to intellectual property is under the jurisdiction of the customs agency.

Therefore, a request for handling copyright infringement can be submitted to one of the following agencies: Court, Inspectorate, Market Management, Customs, Police, or People’s Committees at all levels, depending on the level of infringement.

Upon receiving the request, if it is deemed to be under the jurisdiction of another agency, the agency receiving the request will instruct the applicant to submit it to the competent agency or transfer the request to that agency within 10 days from the date of receipt of the request.

The content of the request for handling includes the following basic contents:

Date, month, year of making the request.

Name and address of the organization or individual requesting handling of the infringement; full name of the representative (if the request is made through a representative).

Name of the agency receiving the request.

Name and address of the organization or individual committing the infringement; Name and address of the organization or individual suspected of committing the infringement in case of request for temporary suspension of customs procedures for export and import goods suspected of infringement.

Name and address of the organization or individual with related rights and interests (if any).

Name and address of the witness (if any).

Summary information about the infringed copyright: type of right, basis for the arising of the right, summary of the subject of the right.

Summary information about the infringement: date, month, year and place of the infringement, brief description of the subject of the infringed copyright, the infringement; website address, link for the infringement on the telecommunications network and the Internet, and other information (if any).

Content of the request for application of measures to handle the infringement.

List of documents and evidence attached to the application.

Signature of the applicant and seal (if any).

In addition, along with the request, you need to provide documents and evidence as prescribed in Article 76 of Decree 17/2023/ND-CP to prove your request.

Above is the article “When copyright is infringed, which agency should be requested to handle?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

Regulations on naming works when registering copyright?

Written by Editor VCD on 27 May, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the current context, the right to name a work has become an essential aspect, reflecting the creativity and unique personality of each author. Choosing a suitable title is not only an important step in the journey of bringing the work to the public, but also a way for the author to express his message and emotions. However, this right must also comply with legal regulations, in order to protect the rights of the author and ensure the legality of the work. The following article from VCD will help you.

1. Subjects with the right to name the work

According to Clause 1, Article 19 of the Law on Intellectual Property, it is stipulated as follows:

Article 19. Personal rights

Personal rights include:

1. Naming the work.

The author 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 as prescribed in Clause 1, Article 20 of this Law;

Therefore, there are two main subjects related to naming the work:

Author of the work: The person who creates the work and has the right to name it.

Organization or individual receiving the transfer of property rights: The person or organization to whom the author transfers property rights, including the right to name the work.

Regulations on naming works when registering copyright?

2. Requirements for naming a work.

Naming a work is understood as the selection and determination of a name for an artistic, literary, or scientific work. The name of a work not only helps to identify and distinguish the work from other works, but also reflects the content, ideas or messages that the author wants to convey.

Naming a work is one of the author’s personal rights, as stipulated in Clause 1, Article 19 of the 2005 Law on Intellectual Property, which was amended and supplemented in 2009, 2019, and 2022. This is very important for the author as well as the transferee of rights. The name of the work helps others identify and remember, while conveying the message and identifying the author’s brand. Although there is no mandatory requirement for naming, the person naming should be careful to avoid content that is contrary to ethics, customs, and superstition.

According to Clause 1, Article 14 of Decree 17/2023/ND-CP: “The right to name a work as prescribed in Clause 1, Article 19 of the Law on Intellectual Property shall not apply to works translated from one language to another. The naming of a work must not violate the provisions of Clause 2, Article 7 of the Law on Intellectual Property and relevant laws.”

Accordingly, the right to name a work as prescribed in Clause 1, Article 19 of the Law on Intellectual Property 2005 shall not apply to works translated from one language to another.

Thus, the author has the right to name his work, but this right shall not apply to works translated from one language to another. This is to protect the integrity of the original work. Therefore, you cannot arbitrarily change the name of your translated work.

According to Clause 3, Article 7 of the current Law on Intellectual Property, intellectual property rights may be limited in the following cases: “To ensure the goals of national defense, security, people’s livelihood and other interests of the State and society, the State has the right to prohibit or restrict intellectual property rights holders from exercising their rights or request them to allow other organizations and individuals to use one or several of their rights under appropriate conditions; the limitation of rights to inventions that are state secrets will be implemented according to Government regulations.” Therefore, in these cases, the author may have his/her right to name his/her work restricted.

According to Clause 1, Article 9 of Decree 131/2013/ND-CP, the penalty for the act of infringing the right to name and title a work is: A fine of VND 2,000,000 to VND 3,000,000 for the act of using a work without stating the real name, pen name of the author, the name of the work, or stating this information incorrectly on copies of the work, audio recordings, video recordings, and broadcast programs.

In addition, the violator must also take remedial measures, including:

Publicly correcting incorrect information on mass media.

Correcting the author’s name, the name of the work on copies, audio recordings, video recordings, and broadcast programs containing incorrect information.

Therefore, the penalty for the act of infringing the right to name a work is from VND 2,000,000 to VND 3,000,000.

With a team of experienced lawyers and legal experts, VCD provides legal services related to copyright. We advise and answer questions related to naming works, and participate in protecting the legal rights and interests of customers in disputes. VCD is committed to supporting customers effectively and professionally in all situations.

Above is the article “Regulations on naming works when registering copyright?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Are posthumous works subject to copyright protection?

Written by Editor VCD on 20 May, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the context of increasingly improved intellectual property laws, posthumous works have emerged as an important issue. Works published for the first time after the author’s death not only have artistic value but also raise many questions about rights and legal protection. Are posthumous works protected by copyright? The following article from VCD will help you.

1. What is a posthumous work?

Clause 1, Article 3 of Decree 17/2023/ND-CP defines posthumous works as follows: “A posthumous work is a work published for the first time after the author’s death”.

A posthumous work is understood as a work of any type, it can be a scientific, artistic, literary work, etc. However, a posthumous work is first published after the author’s death, that is, from the time the work is created and expressed in a certain form until the time before the author’s death, it has not been published yet, after the author’s death, the work is published through another subject. A posthumous work often carries special value and meaning, reflecting the author’s thoughts and style.

Are posthumous works subject to copyright protection?

2. Legal provisions on posthumous works

Posthumous works are protected under the form of copyright, which is the right of individuals or organizations to literary, artistic and scientific works that they have created or own.

Posthumous works are protected through personal rights and property rights under copyright. According to Vietnamese law, posthumous works are works that are first published after the author’s death.

The main elements that the law protects for posthumous works include:

The work must be in the field of literature, art or science.

The work must be created by a specific author.

The work must be first published after the author’s death.

Based on the provisions of Article 17 of Decree 17/2023/ND-CP as follows: The term of copyright protection for posthumous works is implemented according to the provisions of Article 27 of the Law on Intellectual Property.

Accordingly, referring to Article 27 of the 2005 Intellectual Property Law, amended by Clause 8, Article 1 of the 2009 Amended Intellectual Property Law, as follows:

“Duration of copyright protection

1. The personal rights specified in Clauses 1, 2 and 4, Article 19 of this Law are protected indefinitely.

2. The personal rights specified in Clause 3, Article 19 and the property rights specified in Article 20 of this Law have the following protection periods:

a) Cinematographic works, photographic works, applied fine arts works, anonymous works have a protection period of seventy-five years from the date of first publication; for cinematographic works, photographic works, applied fine arts works that have not been published within twenty-five years from the date of fixation, the protection period is one hundred years from the date of fixation; for anonymous works, when information about the author appears, the protection period is calculated according to the provisions of Point b of this Clause;

b) Works not falling under the type specified in Point a of this Clause have a term of protection that is the lifetime of the author and fifty years following the year of the author’s death; in the case of a work with co-authors, the term of protection ends in the fiftieth year following the year of the death of the last co-author;

c) The term of protection specified in Point a and Point b of this Clause ends at 24:00 on December 31 of the year in which the term of copyright protection ends.”

Therefore, according to the above provisions, the term of copyright protection for posthumous works is determined as follows:

Elements protected indefinitely include:

Title of the work;

Real name or pen name of the author;

Integrity of the work;

Cases of limited protection:

For cinematographic, photographic, and applied art works:

The term of protection is 75 years from the first publication.

If the work has not been published after 25 years from its creation, the term of protection is 100 years from the date of its creation.

If the work is anonymous, when there is information about the author, the work is protected throughout the author’s life and an additional 50 years from the author’s death.

For other works:

The term of protection is throughout the author’s life and 50 years following the year of the author’s death;

In the case of a work with co-authors, the term of protection ends in the 50th year after the year of the death of the last co-author.

In conclusion, a posthumous work is an object of copyright protection.

Above is the article “Are posthumous works subject to copyright protection?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

How to register copyright for program format?

Written by Editor VCD on 20 May, 2025. Posted in Announcement, Copyright Registration, Written works.

Currently, TV shows, challenge shows or competitions are being heavily invested in to attract a large audience. However, in addition to developing program format ideas, registering copyright for scripts is also very important to prevent copying. So according to current regulations, what is the process of registering copyright for program format? Please follow the article of VCD below.

1. What is program format copyright?

Program format, also known as program script, is a method of organizing and arranging components, content, and time in a program or event to achieve specific goals.

Copyright registration is the process of recording the work and content you create with the authorities to protect intellectual property rights. When completing the registration, you will receive a certificate from the Copyright Office, thereby proving that you are the legal owner of that work.

To create an attractive program format, creators need to invest a lot of effort in researching, learning and understanding the psychology of the audience. Therefore, the program format becomes an intellectual property that needs to be protected, in order to prevent others from exploiting the author’s intelligence for profit. At the same time, this protection also creates conditions for the author to exploit profits from that program.

This is a document that records in detail all the elements that make up the program, including genre, form, content, time, guests and hosts. In other words, the program format is considered a work expressed in written form. Therefore, it is protected by copyright according to the provisions of Clause 1, Article 14 of the Law on Intellectual Property, which clearly states that “Literary works, scientific works, textbooks, teaching materials and other works expressed in written form or other signatures.”

How to register copyright for program format?

2. Application for copyright registration for program format.

To apply for protection of program format, the following documents must be prepared:

Application for copyright registration, related rights

02 copies of the copyright registration program format or 02 copies of the related registration object format.

Power of attorney (in case the applicant is an authorized representative of the author).

Documents proving the right to submit the application (if the applicant is entitled to inherit, transfer or inherit that right).

Consent documents of co-authors (if the work has multiple authors).

Consent documents of co-owners (if the copyright, related rights are jointly owned)

Copy of the valid ID card or CCCD or passport of the author of the work.

Copy of the business registration documents of the owner of the work (if it is a legal entity).

Notes on registration documents:

Documents in the application must be in Vietnamese; if in a foreign language, they must be translated into Vietnamese and notarized/certified. Documents attached to the application, if they are copies, must be notarized or certified.

The content of the work must not contain personal information of other individuals or organizations. Information that is not owned by the applicant must be omitted or there must be a written consent to use that information.

The procedure for registering copyright for a television program format includes the following steps:

Step 1: Prepare a complete application as required.

Step 2: Submit the prepared application to the Copyright Office or the Office’s representative office.

Step 3: Monitor the application progress and wait for results.

From the date of receiving the application, if the dossier is valid, the Copyright Office is responsible for issuing a Certificate of copyright registration for the program script within 15 to 30 working days.

If the Copyright Office refuses to issue the Certificate, they will notify the applicant in writing.

3. Program format copyright registration service

In fact, registering copyright for a television program script is not as simple as many people think. Applicants often encounter some basic difficulties, such as:

Not being able to determine the type of protection for their work.

Not knowing how to prepare the dossier and prepare the necessary documents to prove the content

Not understanding the application submission process, especially for individuals and organizations with foreign elements.

Having difficulty looking up and handling arising problems.

These problems often stem from a lack of expertise and experience. To solve these difficulties, you can use VCD’s full copyright registration service. With a team of experienced lawyers, VCD will represent you in handling all procedures related to registering copyright for TV program formats.

Above is the article “How to register copyright for Program Format?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Register logo copyright for business household

Written by Editor VCD on 20 May, 2025. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

In the modern economy, brand protection is very important, especially for business households. A logo is not only an identification symbol but also an intellectual property that needs to be protected. However, many business owners still do not fully understand the process of registering a logo copyright. The following article by VCD will provide the necessary information to help business households effectively protect their rights.

1. Overview of Business Households

Currently, there are no regulations defining a business household. However, Clause 1, Article 79 of Decree 01/2021/ND-CP stipulates: “A business household is registered by an individual or household members and is responsible for all of their assets for the business activities of the household”.

In which, the business household owner is one of the following subjects:

Individuals registering a business household;

A person authorized by household members to represent the business household in the event that household members register for a business household.

Pursuant to the provisions of Article 74 of the 2015 Civil Code on legal entities, an organization is recognized as a legal entity when it meets the following conditions:

Established in accordance with the provisions of this Code and other relevant laws;

Having an organizational structure as prescribed in Article 83 of this Code;

Having assets independent of other individuals and legal entities and being responsible for its own assets;

Participating in legal relations independently in its own name.

Therefore, a business household that does not meet the above conditions does not have legal status, does not have its own seal, is not allowed to open branches or representative offices, and is not allowed to exercise the rights that businesses are exercising.

2. How to register a logo copyright for a business household?

Copyright, also known as author’s rights, is the right that an author has to his/her own works. This right automatically arises when the work is created and protects the rights to manage, use, and exploit the value of the work.

Registering copyright for a logo (also known as registering logo copyright/author’s rights for a logo) is when an individual/organization submits a copyright registration application to the Copyright Office, in order to record information and protect the creativity of the logo created or owned by that individual/organization.

So, is a business household an organization that can register copyright? Based on the above analysis, it can be seen that a business household has an organizational structure but is not considered an organization that owns the copyright of the logo according to the provisions of the Law on Intellectual Property because it does not have legal status, does not have its own seal, and is not allowed to exercise the rights that businesses are exercising.

Therefore, the copyright registration dossiers of Business Households do not have their own seals to stamp and seal documents to prove that they are the copyright owner. Therefore, when registering copyright for Business Households, they will register as individuals, which means that the owner of the business household will be the owner of the copyright of the logo. The owner of the business household can then draft a document agreeing to let the Business Household use the copyright of the logo.

Components of the copyright registration dossier for the logo:

Two copies of the work for copyright registration (including electronic copies);

Documents proving that the owner is the owner of the copyright due to self-creation or design hire, inheritance, or transfer of rights;

Authorization document, if the applicant is an authorized person. The authorization document must specify the contact information of the authorizing party and the authorized party; Name of the work; scope of authorization, duration of authorization;

Written consent of co-authors, if the work has co-authors.

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

In case the work uses the personal image of another person, the written consent of that person must be obtained in accordance with the provisions of law.

In addition, it is necessary to note the requirements for applied art works in Article 43 of Decree 17/2023/ND-CP as follows:

A copy of the work must be clearly shown on A4 paper, correctly showing the layout, lines, colors, and shapes of the entire work;

In case the work contains words or phrases that are not in Vietnamese, the pronunciation (transcribed into Vietnamese) must be clearly stated and if the words or phrases have meaning, they must be translated into Vietnamese; containing numbers other than Arabic or Roman numerals must be translated into Arabic numerals;

Works with content related to medicine, education and other specialized and specific fields must have documents, papers confirming, appraising and approving by competent authorities.

Above is the article “ Register logo copyright for business household” that VCD sends to you. We hope this article is useful to you.

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When is a Power of Attorney required for a Copyright Application?

Written by Editor VCD on 16 May, 2025. Posted in Announcement, Copyright Registration, Performance.

Copyright, the foundation for protecting intellectual creations, plays a key role in encouraging innovation and cultural development. However, the copyright registration process can sometimes become complicated, requiring an understanding of legal regulations. In cases where the copyright owner cannot directly carry out the registration procedure, authorizing a third party becomes an effective solution. So, when is this authorization necessary, and what role does the power of attorney play in the registration process? VCD’s article “When is a Power of Attorney required for a Copyright Application?” below will help you.

1. What is a Power of Attorney?

A Power of Attorney is a legal document recording the authorizing person appointing an authorized person to represent the authorizing person to perform one or more tasks within the scope specified in the power of attorney.

Authorization can take many forms: it can be verbal authorization or written authorization, but the most commonly recognized and popular form is written authorization. Authorization documents can be divided into two types: Power of Attorney and Authorization Contract.

Authorization can be a unilateral or bilateral legal act, the power of attorney is the result of a unilateral legal act, and the authorization contract is the result of a bilateral legal act. Although the current 2015 Civil Code only has detailed regulations on authorization contracts, the form of authorization is still widely used and recognized as legally valid in practice.

2. When does a copyright registration application require a power of attorney?

According to Clause 1, Article 50 of the 2005 Law on Intellectual Property (amended and supplemented in 2009 and 2019): Authors and copyright owners may directly or authorize other organizations or individuals to submit applications for copyright and related rights. The application for copyright protection must include the following legal documents specified in Clause 2:

Two copies of the work for copyright registration

Power of attorney, if the applicant is an authorized person

Documents proving the right to submit the application

Consent of co-authors, if the work has co-authors

Consent of co-owners, if the copyright is jointly owned

A copyright authorization is an important legal document, allowing a designated individual or organization to register and protect copyright. When an author is unable or unwilling to register a copyright himself, he or she may use a copyright authorization letter to authorize another individual or organization to handle the registration process for him or her.

The Intellectual Property Law and related guiding documents also allow authors, copyright owners, and related rights owners to directly or authorize other organizations or individuals to submit copyright registration applications. Thus, in the case of submitting applications through other organizations or individuals, the copyright registration application must include a power of attorney established in accordance with the provisions of the Civil Law.

Accordingly, the application for copyright registration or related rights registration through authorization must include a power of attorney. The power of attorney must specify the contact information of the authorizing party and the authorized party; the name of the work, performance, audio recording, video recording, or broadcast program; the scope of authorization; and the duration of authorization.

In case an organization authorizes an organization to submit the application, notarization is not required. In case the authorizing party is an individual, the authorization document must be notarized in accordance with the provisions of law. (Clause 6, Article 39, Decree 17/2023)

In addition, in case the author, copyright owner, or related rights owner is a foreign individual not residing in Vietnam, or a foreign organization without a headquarters, representative office, or branch in Vietnam, the application for copyright registration or related rights registration must be submitted directly through the Level 4 Online Public Service Portal or through authorization to a copyright and related rights consulting and service organization in Vietnam.

Currently, the law does not have regulations on the term of the author’s authorization. Normally, the term of the copyright authorization is agreed upon by the parties. To understand the exact way to make a power of attorney, or the regulations surrounding this issue, you can contact VCD directly so that our team of lawyers and legal experts can support you quickly.

Above is the article “ When is a Power of Attorney required for a Copyright Application?” that VCD sent to you. We hope this article is useful to you.

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Register copyright for song collection

Written by Editor VCD on 5 May, 2025. Posted in Announcement, Copyright Registration, Musical work.

In the context of increasingly developing music, many authors have created a series of unique and meaningful songs. However, to protect these works, copyright registration has become an essential requirement. The author wants to collect his songs into a collection and register the copyright for the entire work to save costs. To better understand the above issue, please follow the article of VCD below.

1. What is copyright registration for song collections?

A song, also known as a musical work, is regulated in the current Intellectual Property Law and is defined in detail in Decree 17/2023/ND-CP, specifically “a musical work is a work expressed in the form of musical notes in a sheet of music or other musical symbols regardless of whether it is performed or not.” Musical works are one of the objects protected by copyright.

A song collection is a collection of songs that are selected and arranged based on one or more criteria such as genre, theme, author, singer, or release date. This collection can be published in the form of a book, music disc, digital album, or online playlist.

Currently, the law has not specifically recorded the concept of song copyright registration, but it can be simply understood that song copyright registration is the act of the author or owner of the song submitting an application for song copyright registration to the Copyright Office and being granted a certificate of copyright registration for the musical work. This registration aims to establish legal ownership of the work, contribute to protecting the rights of the author and preventing copyright infringement.

Therefore, registering a song collection copyright is registering the copyright of songs, then gathering all the songs into a collection and registering it as a musical work.

2. Why register copyright for song collections

Copyright for song collections arises automatically from the moment the author or owner completes the creation and shaping of the collection in a certain material form. However, the law still stipulates copyright registration procedures to enhance the effectiveness of copyright protection.

Registering copyright for song collections is an important method to protect the rights and legitimate interests of the author as well as the owner. Specifically, the Copyright Registration Certificate is the most valuable legal document in establishing and proving ownership of the collection, especially when disputes arise related to copyright or ownership of the song collection.

Although the law does not require the author or owner to register copyright for the song collection, in practice, registration is always encouraged. It helps reduce the risk of disputes, facilitates the demonstration of rights and protects works against infringement. At the same time, registering songs into a collection helps save costs for the author and owner.

In addition, in the process of commercially exploiting song collections such as transferring the right to use, publish, perform, or use for advertising purposes, many partners, especially media companies or brands, require a Copyright Certificate before signing the contract.

In addition, on music platforms in Vietnam and internationally, if a musician or collection owner wants to collect royalties or report copyright infringement, most of these platforms require a Copyright Registration Certificate as a necessary condition.

3. Application for copyright registration of a collection of songs

A music copyright registration application is the legal basis for the Copyright Office to conduct an appraisal and issue a Certificate of copyright registration to the author or owner of the musical work. The application includes:

Application for copyright registration of a musical work (according to the prescribed form);

Decision on assigning the task of composition or document confirming ownership of the work;

Certified copy of identity card (ID card/CCCD/Passport), business registration certificate, or decision to establish an organization of the work owner;

Certified copy of the author’s identity card;

Two copies of the musical work printed on A4 paper with full signature and seal (if any) of the author or owner;

A letter of guarantee from the author confirming that the work is his/her own creation and not copied from any individual or organization;

Other relevant documents (depending on each specific case).

After completing all the above components of the application, the author or owner submits the application to the Copyright Office for consideration and issuance of a Certificate of Copyright Registration in accordance with the law.

Above is the article “ Register copyright for song collection” that VCD sends to you. We hope this article is useful to you.

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