Author: Editor VCD

In the process of running a business, many directors not only take on a management role but also directly participate in creating intellectual products such as designs, software or media content. These works both demonstrate the personal capacity of the leader and are closely linked to the company’s operations. Therefore, questions have arisen about determining the subject holding ownership of works created by the director. To understand this issue, please follow the article of VCD below.

1.      Concept of author, copyright owner?

According to Clause 2, Article 4 of the Law on Intellectual Property 2005 (amended and supplemented 2009, 2019), copyright is the right of an organization or individual to the work they create or own. In which, the subject of copyright includes literary, artistic, and scientific works; the subject of rights related to copyright includes performances, audio recordings, video recordings, broadcast programs, and encrypted satellite signals.

According to Clause 1, Article 13 of the current Intellectual Property Law, organizations and individuals whose works are protected by copyright include the person who directly creates the work and the copyright owner as stipulated in Articles 37 to 42 of this Law.

Thus, the author and the copyright owner are two groups of subjects protected by law. In which, the author is the person who directly creates a part or all of the literary, artistic, or scientific work and has personal rights to the work.

The copyright owner is an organization or individual holding one, some or all of the property rights specified in Article 20 of the Law on Intellectual Property, such as the right to copy, distribute, communicate or create derivative works. The owner can be the author himself, or an organization or individual who is assigned the right or invested in creating the work.

2.      If the director creates a work, does the company or individual own the copyright?

In an organization, the director is the head of the enterprise, the highest leadership position and has the main responsibility for operating and managing the enterprise’s activities. They head departments and have the authority to make strategic decisions to achieve the company’s goals. The director position is usually a person with experience and excellent leadership capacity. According to the provisions of Clause 24, Article 4 of the Law on Enterprises 2020, the director is one of the enterprise managers.

First of all, if the director creates the work as an individual, that is, the work is formed from the director’s own ideas, time and effort, not within the company’s assigned tasks, nor using the company’s funds, equipment or human resources, then the director is both the author and the copyright owner. In this case, all personal rights and property rights to the work belong to the director personally. The company has no right to exploit, use or distribute the work, unless there is a written transfer or license agreement between the two parties.

On the contrary, in the case where the work is created in the process of performing work according to the company’s assigned tasks, or using the company’s resources such as working time, equipment, finance or support staff, then according to the provisions of Article 39 of the Law on Intellectual Property, the company will be the copyright owner, and the director will be recognized as the author. This means that the director still has moral rights (such as being named as the author, protecting the integrity of the work), but property rights including the right to copy, distribute, publish, rent, or make derivative works belong to the company. This provision is to ensure fairness for the organization that has assigned the task and invested resources in the creative process.

In addition, the law also allows the parties to agree on ownership. For example, the company can transfer ownership of the work to the director or vice versa, depending on the purpose and interests of each party. This agreement should be clearly expressed in writing to avoid disputes arising later when the work is commercially exploited.

Thus, determining the subject of copyright ownership in the case of a director creating a work cannot be based solely on the position or labor relationship, but must consider the context, conditions of creation, resources used and the agreement between the parties. Only when these factors are clearly identified can we accurately confirm the ownership of the director or the company, ensuring compliance with the provisions of the law and the legitimate rights of the parties involved.

Above is the article “ If the director creates a work, does the company or individual own the copyright?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

In the context of increasingly diverse creative activities, many literary works, art, computer software or other creative products are formed very early, even by minors. This raises an important legal question: Do people under 18 have the right to register copyright protection for their works? The following VCD article will help you.

1.      What is copyright?

Clause 2, Article 4 of the current Intellectual Property Law stipulates: Copyright is the right of an organization or individual to a work they create or own.

Accordingly, copyright arises from the time a work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered. However, when there is a dispute between the author or owner, it is very difficult to prove ownership of the work, so it is necessary to register copyright for the work you created.

2.      Can a person under 18 years of age register for copyright?

According to the provisions of the Intellectual Property Law, for a work to be protected, it must meet the following conditions:

Conditions for the work:

• The work must be creative, must be created directly by the author, not copied from another person’s work in any form.

• The work must be expressed in a certain material form.

• Belong to the type of work protected under Article 14 of the current Intellectual Property Law, including: musical works, computer programs, literary works, etc.

Conditions for the author and copyright owner

• The author is the person who directly creates and is also the owner of the work.

• Vietnamese or foreign individuals or organizations whose works are simultaneously published in Vietnam within 30 days of the first publication in another country.

• Vietnamese and foreign individuals or organizations whose works are first published in Vietnam and have not yet been published in any other country.

• Foreign individuals or organizations whose works are protected in Vietnam under international treaties to which Vietnam is a member.

Copyright arises as soon as the work is fixed in a certain material form, regardless of registration procedures. Simultaneous publication within 30 days allows the work to be distributed internationally but still be protected in Vietnam. Works first published in Vietnam, whether by foreign individuals or organizations, are also protected if they have not yet appeared in another country. For works by foreign authors, protection is applied when consistent with international treaties to which Vietnam is a member.

Thus, Vietnamese law does not set an age limit for creators of works. According to the Law on Intellectual Property, copyright arises as soon as the work is fixed in a certain material form and registration is only to establish evidence of rights. Therefore, a person under 18 years of age, if he is the author or legal owner of the work, can completely submit an application for copyright protection, as long as the application and procedures meet legal regulations (for example: providing personal information, work samples, identification documents).

3.      Copyright registration procedures

According to the provisions of the Law on Intellectual Property, the author or copyright owner can be an individual, a domestic legal entity or a foreign individual or legal entity. These entities all have the right to submit an application for copyright registration for their work to the Copyright Office.

Step 1: Determine the type of work

Clearly determine the type of work to be registered (literature, art, music, computer software, etc.) to choose the appropriate form of registration.

Step 2: Prepare documents and information

After determining the type, the owner or authorized person prepares all necessary documents and information to prepare the registration file.

Step 3: Prepare the registration file

• The application for copyright and related rights includes:

• The application for copyright registration according to the latest form.

• 02 copies of the work or 02 copies of the fixed version for related rights.

• Power of attorney, if the applicant is an authorized person.

• Documents proving the right to submit the application, if the applicant is transferred or inherits the rights.

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

• Written consent of co-owners, if the copyright or related rights are jointly owned.

Note: Documents in sections 3, 4, 5 and 6 must be prepared in Vietnamese; if in a foreign language, they must be translated into Vietnamese and notarized or certified. Copies attached to the application must be notarized or certified.

Step 4: Submit application

Authors, copyright owners or authorized persons submit applications online at the National Public Service Portal and submit them in person at:

Headquarters of the Copyright Office in Hanoi (Northern region).

Representative office of the Copyright Office in Da Nang (Central region) or Ho Chi Minh City (Southern region).

Step 5: Tracking the application

After receiving, the application is assessed by a specialist. If necessary, the registration authority will request the applicant to supplement or edit the application to ensure its validity.

Step 6: Receive the Certificate

Once the application has been fully assessed and confirmed, the Copyright Office issues a Certificate of Copyright Registration to record the ownership of the author or owner.

The above is the article “Can people under 18 registerS for copyright protection?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

During the creative process, each work is associated with the legitimate rights of the author and copyright owner. Intellectual property law stipulates a certain period of time for the author or owner to have the exclusive right to exploit the value of his work. So, when the protection period expires, will the work become public property? The following article from VCD will help you.

1.      Duration of copyright protection

Copyright for works includes personal rights and property rights. Each group of rights has a different protection period, in which some rights are protected by law indefinitely, while others are only protected for a certain period of time.

Pursuant to Clause 1, Article 27 of the Law on Intellectual Property, the term of protection of personal rights is determined as follows: personal rights associated with the author will be protected by law indefinitely, including: (i) the right to name the work; (ii) the right to have the real name or pen name on the work; (iii) the right to have the real name or pen name stated when the work is published or used; (iv) the right to protect the integrity of the work, not allowing others to edit, cut or distort the work in any form that harms the honor and reputation of the author. Particularly for the right to publish the work or allow others to publish the work, the term of protection will correspond to the term of protection of property rights.

Regarding property rights, pursuant to Clause 2, Article 27 of the Law on Intellectual Property, the term of protection is specifically stipulated as follows: (i) for cinematographic, photographic, theatrical, applied art and anonymous works: 75 years from the date of first publication; (ii) in case the above types of works have not been published within 25 years from the date of their formation, the term of protection shall be 100 years from the date of their formation; (iii) for other types of works not falling under the above cases, the term of protection shall be the lifetime of the author and 50 years following the year of the author’s death; if there are co-authors, the term of protection shall end in the 50th year following the year of the death of the last co-author.

In addition, the Law on Intellectual Property also clearly stipulates that the term of copyright protection shall end at 24:00 on December 31 of the year in which the term of protection ends. This is to ensure consistency, transparency and convenience in determining the time of copyright termination for a work.

2.      When the protection period expires, will the work become public property?

According to Article 43 of the current Intellectual Property Law, a work whose protection period has expired as prescribed in Article 27 of the current Intellectual Property Law belongs to the public.

Based on this provision and the copyright term analyzed above, it can be seen that the work belongs to the public when the protection period expires. In particular, the concept of “protection term” here is understood as the term of protection of the right to publish the work and the property rights associated with the work. As for personal rights, except for the right to publish the work, they are protected indefinitely, because these rights are associated with the honor, reputation and name of the author. Therefore, the protection term is only set for property rights as well as the right to publish the work.

From the above provisions, it can be determined that the work will belong to the public in the following specific cases:

• For cinematographic, photographic, applied art and anonymous works, after 70 years from the date of first publication, the property rights will expire, and the work will belong to the public.

• For cinematographic, photographic, applied art works that have not been published within 25 years from the date of fixation, the term of protection is 100 years from the date of fixation. After this term, the work will become the common property of the public.

• For other types of works not falling under the above cases, the term of property rights protection is determined to be the lifetime of the author and the next 50 years after the year of the author’s death. If the work has co-authors, this term will end in the 50th year after the death of the last co-author. When the protection period expires, the work will also belong to the public.

The above regulation on the protection period ensures the harmony of interests between the author, copyright owner and the common interests of society. During the protection period, the author and copyright owner have the exclusive right to exploit and use the work to gain legitimate profits from their creative efforts. After this period expires, the work becomes a common heritage, creating conditions for society to freely access, use and create based on the established cultural, scientific and artistic values.

Above is the article ” After the protection period expires, will the work become public property? ” that VCD sends to you. We hope this article is useful to you.

Sincerely,

In the digital age, Wikipedia is one of the world’s largest open knowledge repositories, where users can search for information with many illustrative images. Because of this convenience, many people often assume that images on Wikipedia are free and can be used freely, even for commercial purposes. So, do you need permission to take photos from Wikipedia for commercial use? The following VCD article will help you.

1.      What is the commercial purpose in copyright?

Copyright is the right of an organization or individual to a work they have created or own, as explained in Clause 2, Article 4 of the 2005 Intellectual Property Law (amended 2009 Intellectual Property Law). In which, copyright to a work is formed from personal rights and property rights.

The term “commercial purpose” is used a lot in the provisions of intellectual property law in general and copyright law in particular. Simply put, “commercial purpose” is an act aimed at generating economic profit or other benefits. This activity includes acts such as buying, selling, distributing, providing services, investing, and other transactions with the goal of making a profit from the work. In most cases, using a work for commercial purposes requires permission and remuneration to the copyright owner, except in certain cases permitted by law.

2.      Do you need permission to take photos from Wikipedia for commercial use?

According to the provisions of Article 4 of the current Intellectual Property Law: photographic works, works of applied art, video recordings, etc. are objects protected by copyright and related rights. Any use of a work must comply with the provisions on personal rights and property rights of the author and owner, except for cases falling under the limitations of copyright and related rights stipulated in Article 25, Article 32, Article 33 of this Law.

For images on Wikipedia, these works are uploaded by the user community under different license regimes, mainly Creative Commons (CC) or public domain (Public Domain). Each type of license stipulates its own conditions of use, including conditions related to commercial use.

• Public domain (Public Domain): Works whose protection period has expired or whose author/owner voluntarily renounced their rights. These works can be used for commercial purposes without permission.

• Creative Commons (CC) license: includes 4 elements:

• Attribution (BY): this is a mandatory element for all CC licenses.

• Non-commercial (NC): do not use the work for commercial purposes

•  No Derivative (ND): do not allow modification of the original work.

• ShareAlike (SA): derivative works must carry the same license as the original work.

Based on 4 optional factors, the Creative Commons system has 7 standard licenses, including:

CC zero (CC0): Special license, content is in the public domain, licensees are allowed to do anything with that work.

CC – attribution (CC BY): allows sharing (copying, redistributing content in any medium or format), customization (mixing, transforming and building on that work for any purpose, including commercialization), as long as the author is properly credited.

CC – Attribution – Share Alike (CC BY-SA): Allowed to share, adapt, commercialize, as long as the author is properly credited; derivative works, if any, must have the same license as the original work.

CC – Attribution – Non-Commercial (CC BY-NC): Allowed to share, adapt, but not allowed to use the work for commercial purposes, must always acknowledge the correct credit to the author when using that product.

CC – Attribution – Non-Commercial – Share Alike (CC BY – NC – SA): Allowed to share, adapt, but not allowed to use for commercial purposes, derivative works, if any, must have the same license as the original work, must always acknowledge the correct credit to the author when using that product.

CC – Attribution – No Derivatives (CC BY – ND): Allowed to share (for commercial or non-commercial purposes), but not allowed to modify, must always acknowledge the correct credit to the author when using that product.

CC – Attribution – Non-commercial – No derivatives (CC BY – NC – ND): allowed to share, but not to use for commercial purposes, not to modify the work, must always acknowledge the author when using that product.

Therefore, the work can be exploited in which:

Carrying a Creative Commons license that allows commercial use (CC BY, CC BY-SA, CC BY-ND): Users have the right to exploit for commercial purposes, provided that the author’s name, origin and compliance with the specific conditions of each type of license are clearly stated.

Carrying a restricted license (CC BY-NC or All Rights Reserved): Users are only allowed to exploit non-commercially; in case of commercial use, written consent from the author or copyright owner is required.

Incolusion, taking images from Wikipedia for commercial use is not automatically allowed but must be based on the specific license attached to the work.

Above is the article “Is permission required to use images from Wikipedia for commercial purposes?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

In the context of international integration, creative collaboration between Vietnamese and foreign authors is becoming more and more popular. These works can be of many different types such as literature, art, science, computer programs, etc. When there is a need to register copyright in Vietnam, the question is how to register copyright for works created by Vietnamese and foreign authors? The following article from VCD will help you.

1.      What is co-authorship?

According to Article 12a of the current Intellectual Property Law, it is stipulated that:

2. A person who supports, gives opinions or provides materials for another person to create a work is not the author or co-author.

3. The exercise of personal rights and property rights to co-authored works must have the agreement of the co-authors, except in cases where the work has separate parts that can be separated for independent use without prejudice to the parts of other co-authors or other laws provide otherwise.

Co-authors are those who directly create literary, artistic, or scientific works.

Co-authors can be indivisible co-authors and divisible co-authors. Indivisible co-authors cannot be determined when it is not possible to determine which part of the work each co-author created. Divisible co-authors can be when each co-author creates a part of the work and that part can be used independently (divided in a cross-sectional form) or each author creates a part throughout the work (divided in a vertical form).

For works with co-authors, the use and disposal of the work must be agreed upon by all co-authors. If a co-author has died, the agreement of the co-author’s heir must be obtained.

2.      What is the copyright registration procedure for works co-created by Vietnamese and foreign authors?

Clause 2, Article 13 of the current Law on Intellectual Property stipulates the conditions for foreign authors to register for protection in Vietnam:

“Authors and copyright owners specified in Clause 1 of this Article include Vietnamese organizations and individuals; foreign organizations and individuals whose works are first published in Vietnam but have not been published in any other country or are simultaneously published in Vietnam within thirty days from the date the work is first published in another country; foreign organizations and individuals whose works are protected in Vietnam under international treaties on copyright to which the Socialist Republic of Vietnam is a member”.

Thus, foreign authors still have the right to apply for copyright registration in Vietnam, as long as their works are within the scope of protection. This is the legal basis to affirm the legality when carrying out procedures for co-created works with foreign elements.

When registering copyright, Article 50 of the Law on Intellectual Property and Article 39 of Decree 17/2023/ND-CP clearly stipulate the components of the dossier to be submitted. The dossier includes a copyright registration form, two copies of the work, identification documents of the author, authorization documents (if any) and documents proving the right to submit the dossier. In case a foreign author participates in co-creation, identification documents such as passports must be notarized and translated into Vietnamese. In addition, if there is an agreement between co-authors established abroad, this document must be consularized according to Article 5 of Decree 17/2023/ND-CP, except in cases exempted by international treaties.

Regarding the submission process, the dossier can be submitted to the Copyright Office in Hanoi or representative offices in Ho Chi Minh City and Da Nang. Within 15 working days from the date of receiving a complete and valid dossier, the Copyright Office will issue a Certificate of Copyright Registration. On this certificate, the names of both the Vietnamese author and the foreign author are recorded, ensuring equal rights between co-authors.

From the above analysis, it can be seen that the copyright registration procedure for a co-created work between a Vietnamese author and a foreign author is basically similar to that of a domestic work. The main difference lies in the preparation of a valid dossier for the foreign author, including translation, notarization, consular legalization and clear agreement between the co-authors.

Above is the article “What is the copyright registration procedure for a work co-created by Vietnamese and foreign authors?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

In practice, there are many cases where authors or owners are concerned about registering copyright for their work. In particular, the common question is whether a work that has been registered can be registered again. The following article from VCD will help you.

1.      What is copyright registration?

Copyright registration, also known as copyright registration, is understood as an administrative procedure carried out by the author or owner of the work. By submitting a dossier to the competent authority, specifically the Copyright Office, the author or owner requests the State to recognize the intellectual property rights to his or her work. When this procedure is completed and the Certificate of Copyright Registration is granted, the rights of the author or owner of the work will be clearly recognized by law and they have a solid legal basis to protect their rights against any infringement. At the same time, having a Certificate is also an objective proof, helping the process of proving copyright when a dispute occurs to be more convenient and faster.

According to the provisions of Clause 1, Article 6 of the Law on Intellectual Property, copyright does not depend on registration. As soon as a work is created and expressed in a certain material form, copyright automatically arises. This means that, even if the work has not been registered for copyright, the author or owner is still protected by law for his or her legal rights to the work. The law also does not require that the work must meet standards regarding content, quality, means, language or publication status to be protected. As long as the work exists in a specific form, copyright will be automatically established and protected by the State.

Therefore, it can be seen that copyright registration is not a mandatory condition for copyright to arise. However, the registration procedure is still important in practice, because it helps the author or owner have solid legal evidence, creating favorable conditions for exploiting, using and protecting their work against the risk of infringement.

2.      Can a work be copyrighted multiple times?

In principle, each work only needs to be registered once. Once a Certificate of Copyright Registration has been granted, the rights of the author or owner have been recognized and protected by law throughout the territory of Vietnam. However, in practice, there are many situations that arise that require copyright registration for the same work. Cases that can be re-registered include:

Case 1: The work has been changed, edited, or supplemented

If the work is edited, supplemented or developed into a new version, the author or owner can completely re-register to protect that modified version. At this point, the work is considered a variation, a derivative of the original, and the new registration will help expand the scope of protection to the newly created content. For example, a book is reprinted with significant content edits or new chapters added, the author can register the copyright for this new edition in addition to the copyright of the original edition.

Case 2: The work is transferred and the copyright owner changes

When the author or owner transfers the copyright to another person (individual, organization), the transferee has the right to re-register the work under his or her name as the new owner. This is a legal way to record the change in ownership to avoid future disputes. In this case, even though the work already has a Copyright Certificate, the re-registration does not create new copyright but only records the change in the owner of the rights.

From the above analysis, it can be seen that: a work can still be copyrighted multiple times in specific cases. However, it should be noted that multiple registrations do not change the nature of copyright. Copyright only arises once when the work is created, and subsequent registrations are only for the purpose of recording, re-establishing or expanding the scope of protection for different versions, forms or subjects.

Therefore, authors and owners of works need to understand the nature of the registration procedure to have appropriate protection methods, avoiding wasting time and costs in unnecessary cases. At the same time, it is also necessary to consider making a new registration when there is an important change in the content of the work, owner or form of expression to ensure that legitimate rights and interests are always protected by law.

Above is the article “Can a work be copyrighted multiple times?” that VCD sent to you. We hope this article is useful to you.

Best regards,

In the process of artistic creation, many works are formed through many stages, from initial sketches to the finished version. Some authors take a few weeks to complete their work, but others need months, even years to complete it. Therefore, the question “Can an unfinished work be copyrighted?” has become a concern of many authors, especially those who want to protect their creative achievements while the work is still unfinished. The following article from VCD will help you.

1.      What is an unfinished work?

In the common understanding, an unfinished work is a work in which the author has begun the creative process and has expressed a certain part of the content, but is still unfinished, incomplete in structure, details or content as originally intended.

An unfinished work is often identified by having a clear, specific form of expression, helping others to recognize the main content and creative direction, but still needs to continue to be supplemented and edited to become a complete version. For example, a novel has just completed the first few chapters; a painting has just stopped at the sketch and colored background; a piece of music only has the main melody but has not completed all the lyrics and harmony.

Unlike an idea that exists purely in thought or in the form of scattered notes, an unfinished work has a specific formation, clearly defined, enough to distinguish it from other works, even though it is still in the process of completion.

2.      Can an unfinished work be copyrighted?

According to Article 6 of the current Law on Intellectual Property, it is stipulated as follows:

“Copyright arises from the moment a work is created and expressed in a certain material form, regardless of content, quality, form, means, language, whether published or not, registered or not.”

Therefore, it can be understood that an unfinished work can still be registered for copyright if it meets the following basic conditions:

• The work is created and expressed in a certain material form, regardless of content, quality, form, means, language, whether published or not, registered or not.

• The work is directly created by the author through his or her own intellectual labor without copying from another person’s work.

• Belongs to one of the types of works protected by copyright.

In creative practice, the author does not always complete his or her work in one go. In many cases, the creative process lasts for months or even years, and the work is only gradually completed in stages. During this period, the content that has been created and expressed on the outside often has a certain value, and at the same time, there is a potential risk of being copied or exploited illegally.

An unfinished work is understood as a work in which the author has created and expressed a certain part of the content but is not yet complete in terms of structure, details or the entire content according to the original idea. For example, a novel manuscript that has just completed a few chapters; a painting that is in the sketch stage with a clear layout and theme but lacks details; or a piece of music that has a main melody and part of the lyrics but has not yet completed the lyrics and harmony. The common point of these cases is that the work has a specific, clear form of expression, enough to determine the creative content, not just ideas or scattered notes.

However, it should be noted that the law does not protect works that only exist in the form of unexpressed ideas, or sketches and notes that are too sketchy and do not have specific content. In these cases, the registration application will have difficulty being accepted. Therefore, to ensure rights, the author should fully archive the original, sketches, documents recording the creative process, temporary copies and all evidence showing the creative stage, to prove copyright when necessary.

In short, unfinished works can be completely registered for copyright if they meet the conditions of expression and ability to identify content. This is a proactive measure, helping the author protect creative achievements right from the beginning, while creating a solid legal foundation for the next creative stages. Copyright registration for unfinished works brings many benefits to the author and the owner of the work.

Above is the article “Can an unfinished work be copyrighted?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

In the digital age, online communication and interaction methods such as fanpages are becoming increasingly popular. However, this also creates conditions for many individuals and organizations to take advantage of the reputation to create fake fanpages, post similar content to provide unofficial products and services or perform acts that affect the rights and legitimate interests of the owner. So can a fanpage be copyrighted? The following article by VCD will help readers understand better.

1.      Is a fanpage protected by copyright?

A fanpage is a public information page created on social networking platforms for an individual, organization, business or community to share content, interact and build relationships with the public. Fanpages are often used for many different purposes such as advertising, marketing, branding, customer care and community connection. Through fanpages, organizations and businesses can take advantage of the power of social networks to reach customers, increase interaction, nurture sustainable relationships and enhance brand recognition.

According to Clause 1, Article 14 of the current Intellectual Property Law, which specifically stipulates the subjects protected by copyright, it can be seen that: Fanpages are not directly protected by copyright, because the types of works prescribed by law do not include the form of ‘fanpage’. However, it is still possible to register copyright for content components on fanpages such as logos, articles, images, videos, etc. Depending on the needs and desired scope of protection, individuals or organizations can choose the appropriate type of work to register for copyright protection.

2.      Copyright registration procedures for Fanpage

To copyright a Fanpage, individuals and organizations can register copyright for components such as logos, articles, images, videos, etc. in the form of literary, journalistic or applied art works, depending on the specific nature of each content.

Pursuant to Clause 2, Article 50 of the current Intellectual Property Law, there are specific regulations on copyright registration dossiers in general and fanpage copyright dossiers in particular:

The copyright registration dossier will depend on the form of registration, within the scope of this article, we will guide the registration dossier in the form of copyright.

• Copyright registration application form;

• Two copies of the work for copyright registration;

• Power of attorney, if the applicant is an authorized person;

• Documents proving the right to submit an application, if the applicant enjoys that right from another person due to inheritance, transfer, or succession;

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

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

Copyright registration applications are submitted to the Copyright Office. Within 51 working days from the date of receipt of a complete and valid application, the Copyright Office will issue a decision to grant a Certificate of Copyright Registration to the applicant. In case of rejection, the competent authority will clearly notify the applicant of the reasons for adjustment or supplement of necessary information.

Fanpage copyright registration is essentially the process of registering copyright for the content that you have invested effort, time, ideas and finance to create. This procedure is carried out at the Copyright Office to ensure legal ownership of the works on the fanpage.

3. Copyright registration service for Fanpage

VCD is a professional representative organization, fully qualified and capable of supporting customers in carrying out copyright registration procedures, including Fanpage protection registration. When choosing VCD, customers will be committed to comprehensive support with the following specific tasks:

• Full consultation on legal issues related to Fanpage protection registration.

• Guidance on preparation and provision of necessary information and documents to clearly identify the registration content.

• Drafting copyright registration documents in a complete, accurate and legal manner.

• Representing customers in submitting documents directly to the Copyright Office – the competent state agency to issue Copyright Registration Certificates.

• Monitoring and promptly updating the status of document processing, informing customers of progress.

• Support in handling any issues that arise (if any) during the process of receiving and processing the application.

• Receive and deliver the Certificate of Copyright Registration issued by the Copyright Office as committed.

• Advise and support any issues that arise, exercise rights and obligations related to the content of the Fanpage that has been registered for protection.

The above is the article ” Can fanpage be registered for copyright protection?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

During the copyright registration process, many authors or owners have found themselves in a situation where they have submitted a complete application but are still waiting for the competent authority to issue a Certificate. Meanwhile, the work has been created and is at risk of being copied and used illegally. At that time, the question is: Is the work that has been submitted but has not yet received a Certificate protected by law? The following article by VCD will help you understand better.

1.      What is a Copyright Certificate?

The copyright registration procedure is just a procedure to ensure the rights of the owner in the most complete way because copyright will arise automatically when that subject meets the conditions prescribed by law.

According to the provisions of the current Intellectual Property Law, the procedure for copyright registration is the submission of an application and accompanying documents by the copyright owner to the competent state agency to record information about the author, work, and copyright owner. And carrying out this procedure will help the copyright owner reduce the obligation to prove his/her rights when there is a dispute.

Therefore, the Copyright Certificate, also known as the Copyright Registration Certificate, is a document issued by the Copyright Office, proving the legal ownership of the author or owner of the registered work. It confirms the copyright of the work, including both personal rights and property rights.

2.      If the application has been submitted but the Copyright Certificate has not been granted, will it be protected by law?

According to the provisions of Article 52 of the Law on Intellectual Property on the Time limit for granting a Certificate of Copyright Registration and a Certificate of Related Rights Registration: “Within fifteen working days from the date of receipt of a valid dossier, the state management agency of copyright and related rights shall be responsible for granting a Certificate of Copyright Registration and a Certificate of Related Rights Registration to the applicant. In case of refusal to grant a Certificate of Copyright Registration or a Certificate of Related Rights Registration, the state management agency of copyright and related rights shall notify in writing and clearly state the reasons to the applicant.”

In practice, the time limit for processing a dossier as prescribed is 51 working days, recorded on the Receipt of the dossier and an appointment to return the result upon submission of a valid dossier.

During the time the Department processes the application and has not yet been granted a Copyright Certificate but a copyright dispute arises over the work, the law still protects it because:

According to the provisions of Clause 1, Article 6 of the 2005 Law on Intellectual Property, amended and supplemented in 2022, copyright arises from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, means, language, whether published or not, or registered or not. Thus, submitting a copyright registration application is not a condition for the creation of copyright.

In fact, as soon as the work is completed and stored in a tangible form, copyright has been established and protected by law. During the period from the submission of the application to the issuance of the Copyright Certificate, the right holder is still protected by law if an infringement occurs. The right holder has the right to request competent agencies and organizations to handle the infringement according to regulations.

However, when the Copyright Certificate has not been granted, the proof of ownership will have to be based on other evidence such as: the original or draft of the work, electronic storage data with the time of creation, emails or related documents, witness statements, etc. These evidences can be used as a basis to determine the author or copyright owner, but often require a lot of time and effort and may potentially pose risks in terms of evidentiary value.

On the contrary, when the Copyright Certificate has been granted, the right holder has in hand a valuable legal evidence, making it easier and faster to prove the rights and request protection. Therefore, although registration does not give rise to copyright, this is a necessary procedure to strengthen the legal basis and improve the effectiveness of protecting the legitimate rights of authors and owners.

Above is the article “If I have submitted my application but have not yet been granted a Copyright Certificate, will I be protected by law?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

In artistic or scientific creation, ideas are always the source of every work. However, a common question is: is an idea alone enough to be protected by copyright? This is a confusing issue and is also common in practice when many authors and creators wonder about the boundary between ideas and works. The following article from VCD will help you.

1.      The legal basis of copyright only protects the form.

The Berne Convention stipulates that “literary and artistic works” include all works in the fields of literature, science and art, regardless of the method or form of expression, such as books, articles, dramatic works, cinematography, graphic works, paintings, architecture, sculpture, etc., must be protected by copyright.

According to the Berne Convention Guidelines, ideas cannot be protected by copyright. Ideas themselves can be protected by patents – a form of intellectual property protection independent of copyright, which is often stipulated in patent laws of countries. More specifically, for inventions, a person who has publicly announced his idea has no other way to prevent others from using that idea, while copyright protection for an idea right after it is expressed is the protection for the expression of the idea in the form of words, notes, drawings. Therefore, only the expression of an idea can be protected by copyright, not the idea itself.

In creative life, there is a common misconception that many people think that “just thinking of an idea is enough to have copyright”. In fact, intellectual property law does not protect ideas, but only protects works when those ideas have been expressed in a specific form. This is a basic but very important principle in determining the scope of copyright protection.

Accordingly, according to Article 6 of the 2005 Law on Intellectual Property of Vietnam (amended and supplemented in 2022), copyright arises from the moment a work is created and expressed in a certain material form. That means, for an intellectual product to be considered a “work” and protected, it must exist in a specific form, can be seen, heard or copied, such as a written poem, a recorded piece of music, a drawn picture, or a filmed clip.

2.      Why does copyright only protect the form of expression, not the idea?

Based on the legal basis analyzed, some basic reasons can be given as follows:

First, ideas are abstract and limitless. Ideas are just the beginning of a creative process, they can exist in the minds of many different people without any signs to determine the boundaries. If the law protects ideas, it means that one person can monopolize vague thoughts, causing society to be “framed” in creativity. This goes against the goal of promoting the development of knowledge and art.

Second, ideas are very difficult to prove and difficult to enforce. When a dispute arises, if a person only claims that “I came up with this idea first”, the competent authority has almost no basis to determine the authenticity. Only when the idea is expressed in a specific form such as a manuscript, drawing, music, etc., will there be a basis for comparison and contrast to protect the author’s rights.

Third, not protecting ideas helps encourage diverse creativity. Many people can start from the same idea, but the way of expressing and creating is completely different. For example, with the same theme of “school love”, each writer and poet has a very unique way of exploiting and building the work. If only one person holds exclusive rights to this “idea”, then a series of literary and cinematic works will never be born.

In reality, there have been many disputes in which one party claims that “their script/musical film idea has been copied”. However, the dispute resolution agency often only considers the specific form of expression such as detailed script, plot structure, dialogue, scene staging, etc. for comparison. If it only stops at the idea level, for example “a film about a girl from the countryside who goes to the city to make a living”, then there is no legal basis to conclude that it is a copy. Therefore, authors and creators need to be clearly aware: only when turning ideas into specific products, will the work be protected by law and become effective evidence when disputes arise.

Above is the article “Why does copyright only protect the form of expression, not the idea?” that VCD sent to you. We hope this article is useful to you.

Sincerely,