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Author: Editor VCD

Register copyright for photographs

In the current digital age, protecting the rights of works of art, especially photographic works, is becoming increasingly important. Photographic works are not simply pictures but also creative expressions of the artist, recording moments and emotions in life. Registering copyright for these works not only helps establish legal ownership but also protects the spiritual values ​​and intellectual property of the author. So how to register copyright for photos? The following article from VCD will help you.

1.      What is copyright for photographic works?

According to Clause 2, Article 4 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019), copyright is the right of organizations and individuals to works they create or own.

In which, the subject of copyright includes literary, artistic, scientific works; the subject of rights related to copyright includes performances, sound recordings, video recordings, broadcasts, satellite signals carrying encrypted programs. Photographic works are an art form in which images are created using cameras to record objects, scenes or events in the real world, expressing the creativity and vision of the artist.

Photographic works are the creation of images by the action of light with film or light-sensitive equipment. Photography is used with special technical equipment to record images through light reflected from objects through light.

Therefore, when registering copyright for photographic works, it will be a type of copyright registration for photographic works. Accordingly, photographic works will be protected as photographic works.

Copyright of photographic works is the recognition of copyright for images expressed in the form of photographic works, which is the legal right that the author or owner has to the images they have created. This right includes property rights and personal rights.

2.      Why is it necessary to register copyright for photographs?

Registering copyright for photographic works brings the following benefits:

  • First, when the Copyright Office issues a registration certificate, only the author or owner has the right to use the work in Vietnam. Any act of using the work without the permission of the owner will be considered an infringement of copyright. Therefore, registration helps the author protect his/her legal rights to the photographic work, creating a legal basis in case of disputes or infringement by a third party.
  • Second, the legal protection period is very long, lasting throughout the author’s life and can be protected even after the author’s death. This is different from industrial property certificates such as trademarks or logos, which are only valid for 10 years and can be extended if the applicant submits a request to the competent authority.
  • Finally, the author and owner not only have property rights such as distributing and importing the original or copy of the work, but also have personal rights, including naming the work and using the real name or pen name when publishing.
Register copyright for photographs

3.      Application for copyright registration for photographic works

The application must include the following documents:

  • Copyright registration form: According to the form prescribed in Circular 08/2023/TT-BVHTTDL.
  • Copies of the work: 02 copies printed on A4 paper with the signature or seal of the author and owner.
  • Documents proving ownership: Such as Business Registration Certificate, Decision on Assignment of Work, or Declaration.
  • Power of Attorney for VCD to carry out the procedure, if you do not submit the application yourself.
  • Consent of co-authors: In case the work has multiple co-authors.
  • Consent of co-owners: If the copyright is jointly owned.

Note: The application form must be filled in correctly according to the instructions of Circular 08/2023/TT-BVHTTDL, including the name of the work, type of work, completion date, description of the work, and the most accurate information of the author, owner as well as the applicant.

In addition, the following points should be noted:

  • First, according to current legal regulations, copyright for photographic works will be protected for 75 years from the date the work is first published. If the work has not been published within 25 years from the date of its formation, the protection period will be extended to 100 years from the date of its formation.
  • Second, according to Article 4 of Circular 211/2016/TT-BTC, the fee for photographic and photographic works is VND 100,000. This fee must be paid when you are granted a certificate and submitted to the Copyright Office.

The above is the article “Register copyright for photographs” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Copyright registration in case of co-authors but not co-owners?

In the field of copyright, cooperation between multiple authors in creating a work is not uncommon. However, the relationship between co-authors and co-owners of copyright is complicated and not always clear. So in specific cases where there are co-authors but not co-owners of copyright, how to register copyright. Please follow the article of VCD below.

1.      Concept of co-authors, co-owners of copyright?

According to the provisions of the Law on Intellectual Property, the author is the person who directly creates the work. In the case where two or more people directly create the work with the intention that their contributions are combined into a complete whole, those people are co-authors.

Pursuant to Article 18 of Decree 17/2023, copyright owners include:

  • Vietnamese organizations and individuals.
  • Foreign organizations and individuals whose works are created and expressed in a certain material form in Vietnam.
  • Foreign organizations and individuals whose works are published for the first time in Vietnam.
  • Foreign organizations and individuals whose works are protected in Vietnam under international treaties to which the Socialist Republic of Vietnam is a member.

Therefore, co-owners of copyright are two or more individuals or organizations that satisfy the above conditions and have joint ownership of the work.

2.      Cases where there are co-authors but they are not co-owners.

Case 1: Two or more authors create a work together but only agree or identify one of the co-authors as the copyright owner in a written agreement stating the terms of ownership, profit sharing, etc.

Case 2: Two or more authors create a work together according to the decision/confirmation of assignment of work or task of the company in which the author is an employee of the company, the Certificate will have the names of the co-authors and the copyright owner will be that company.

Case 3: Two or more authors are hired to create a work under a Creative Hire Contract, with a fee or according to the agreement of the parties, the ownership will belong to the individual or company that hired the creation of that work.

Case 4: Two or more authors create a work together and agree to transfer ownership to another individual or organization under a Copyright Transfer Contract.

Co-authors who are not co-owners of the work have inalienable moral rights that are always attached to the author. However, the property rights of co-authors who are not co-owners of the work are limited and always in a “passive” position because the author is not allowed to exercise the right to publish, reprint, display, exhibit or translate, adapt, transform, or transform to obtain economic benefits according to his/her will, except for case 1 mentioned above.

Therefore, co-authors who are not co-owners of copyright shall agree on the exercise of moral rights, and co-owners of copyright shall agree on the exercise of property rights to the work according to the provisions of Clause 3, Article 45 of the Law on Intellectual Property 2005 and Clause 3, Article 47 of the Law on Intellectual Property 2005 (amended by Clause 13, Article 1 of Law No. 07/2022/QH15).

Copyright registration in case of co-authors but not co-owners?

3.      Application for co-authors who are not also co-owners of copyright.

  • Application for copyright registration stating clearly the information of co-authors and the role of each author.
  • Citizen identification of co-authors
  • Copy of business registration certificate if the individual is an organization
  • Copy of the work for copyright registration
  • Documents proving that you are the copyright owner due to assignment of creative tasks, signing of a creative contract, inheritance, or transfer of rights.
  • Power of attorney if the person submitting the application for copyright registration is an authorized person.
  • Commitment of co-authors who directly created the work.

Note: Documents must be in Vietnamese; if they are in another language, they must be translated into Vietnamese.

Accordingly, the time limit for granting a certificate of copyright registration is within 15 working days from the date of receipt of a valid application. The competent authority shall be responsible for granting a certificate of copyright registration. If the certificate of copyright registration is refused, the competent authority shall notify the applicant in writing and state the reasons.

Above is the article “Copyright registration in case of co-authors but not co-owners?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Notes when registering software copyright

In today’s digital age, protecting intellectual property rights, especially software copyright, is becoming increasingly important. Software copyright not only helps developers and organizations protect their creative achievements but also creates a fair environment for software use and development. To ensure legal rights, software copyright registration is a necessary step. The article “Notes when registering software copyright” below by VCD will help you understand better.

1.      What is software copyright?

Software copyright is a legal right granted to an individual or organization that creates a software to control the copying, distribution and use of that software. Software copyright allows the owner to decide on activities related to the software including distribution, sale, rental, modification and development.

Software copyright is used by two groups of software developers and proprietary software companies.

Computer software copyright is divided into two types:

  • Mass products: developed for the purpose of selling on the market, with a wide range of users. Software versions of mass products are software for PCs.
  • Products according to orders: developed to serve individual customers according to requirements such as: a specialized software system, business support at the enterprise, etc.

2.      Subjects with the right to register software copyright

Individuals who directly create software:

  • Individuals who have used their thinking ability, programming skills and creativity to develop software. They have the right to register copyright to protect their work, including:
  • The right to attach the author’s name to the work.
  • The right to be recognized and respected as creating software.
  • The right to transfer property rights to another person or organization.

The organization is the owner of the software:

  • In the case of software created during the course of work or under a contract with the organization, the ownership belongs to the organization including:
  • Enterprise: if the software is developed by an employee during work time and uses the company’s resources, the enterprise will be the owner.
  • Research organization: software developed in a research project or technology cooperation is often owned by the organization operating the project.
Notes when registering software copyright

3.      Some notes when registering software copyright

Protection period:

According to the provisions of Article 27 of the Law on Intellectual Property of Vietnam, copyright for software is protected throughout the author’s life and extends for 50 years after the author’s death. This means that even if the author has passed away, the ownership of the software is still protected for the next 50 years, allowing the next generations or organizations that own the software to have the right to use and transfer it.

In addition, this regulation also aims to protect the rights of individuals or organizations that own software for a long period of time, helping them to confidently develop and exploit intellectual products in the market without having to worry about issues related to copyright infringement.

Scope of protection:

The software copyright certificate is valid and effective throughout the territory of Vietnam. This means that when your software is granted a Copyright Certificate, you have the right to request protection of your rights against infringements occurring nationwide.

However, if you want to protect your software in other countries, you need to carry out copyright registration procedures in those countries through international organizations such as the World Intellectual Property Office (WIPO) or the intellectual property agencies of each country. This will help protect your software globally.

Software copyright registration dossier:

The basic registration dossier includes the following documents:

  • Copyright registration form.
  • Power of attorney (if submitted through a representative).
  • Identity card or Citizen ID card of the author.
  • Declaration of software creation.
  • Consent letter of co-authors (if any).
  • Business registration certificate (if the owner is an organization).
  • Printed copy of software code and interface.
  • Two CDs containing software content.
  • Decision to assign work/ Confirmation of assignment.

Notes on the components of the registration dossier:

  • For code: If the above computer program code section has 100 pages or more, print the first 25 pages, the middle 25 pages, and the last 25 pages of the code section. Maximum 75 pages of code.
  • For software interface: interface images must not contain map images, personal information of others, etc. The software interface is not limited in the number of pages.
  • For CD: 1 side of the CD has a white paper with the name of the computer program written on it.
  • In case the employee has been assigned a previous assignment decision and at the present time the CCCD has been newly issued, make a Confirmation of assignment to record the organization that assigned the task to them.
  • In case the organization assigns tasks to co-authors, the role and tasks of each author must be clearly stated in the author information section of the declaration.

Above is the article “Notes when registering software copyright” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Register copyright for schoolbooks

Schoolbooks play a particularly important role in the field of education, not only providing knowledge for students but also influencing the awareness of the younger generation. Known as an essential source of documents, registering copyright for schoolbooks has become an issue of concern to many customers due to its importance. The processes and procedures related to protecting copyright for schoolbooks need to be focused on. The following article from VCD will help you.

1.      Concept of copyright and schoolbook copyright?

Vietnamese intellectual property law stipulates that copyright, also known as authorship, is the right of organizations and individuals to works they create or own.

According to the provisions of Clause 1, Article 6 of the Law on Intellectual Property, copyright registration is not mandatory because copyright arises as soon as a work is created and expressed in a certain form regardless of language, copyright still arises without having to be registered with the competent authority. Registration with the competent authority is the recording of the work’s author and the recording of information about the author’s intellectual property rights for the registered work.

Schoolbooks are books that provide knowledge compiled for the purpose of teaching and learning at schools. This is a work published specifically according to the requirements of the educational program and approved by the Minister of Education and Training, allowing it to be used as official teaching materials.

Register copyright for schoolbooks

2.      Procedures for registering copyright for schoolbooks

The process of registering copyright for schoolbooks includes the following steps:

Step 1: Prepare a file to register copyright for schoolbooks

After completing the work, the owner or author must prepare a file to register copyright for schoolbooks according to legal regulations. This file must include documents proving the legal ownership of the owner and the actual process of creating the work.

Step 2: Submit a file to register copyright for schoolbooks

The first mandatory step is to submit online via the National Public Service Portal to get the file code.

Then, submit directly to the Copyright Offices.

Or submit by post to the Copyright Offices.

Step 3: Appraisal of registration dossiers and issuance of copyright certificates for schoolbooks

After receiving the registration dossiers, the Copyright Office will review, appraise and make decisions appropriate to each case as follows:

Within 15 working days from the date of receipt of valid dossiers, the Copyright Office will issue a Copyright Registration Certificate to the applicant.

If the dossier contains any deficiencies or errors that need to be supplemented, the Copyright Office will notify the applicant to make adjustments. If the individual or organization fails to make adjustments within the prescribed time, the Copyright Office has the right to return the dossier.

In case the Copyright Office refuses to issue a Copyright Registration Certificate, a written notice will be sent to the applicant.

Copyright registration fee for schoolbooks:

The registration fee is the amount that the author or owner of the work must pay to the registration agency (Copyright Office). This fee may vary depending on the type of work.

According to Article 4 of Circular 211/2016/TT-BTC, the fee for copyright registration for schoolbooks is stipulated at VND 100,000 for each certificate.

The application for copyright registration for schoolbooks includes the following documents:

  • Copyright registration form according to the form of the Copyright Office.
  • Copy of the work for copyright registration (02 copies): It is necessary to provide 02 copies printed on A4 paper, with the signature or seal of the author or owner.
  • Legal documents of the author, including CCCD/CMND.
  • Authorization letter for VCD to carry out the procedure.
  • Documents proving the right to submit an application.
  • Written consent of co-authors, if the work has multiple authors.
  • A written commitment from the author on the independent creation of the work, not infringing on the copyright of others.

In case the applicant is not the author (for example: organization, company), the application must include:

  • A power of attorney for VCD to carry out the procedure.
  • A copy of the identity card of the author or authors.
  • A transfer of ownership of the work from the author/authors to the owner (if there is a transfer).
  • A copy of the business registration certificate or establishment decision (if the registered owner is a legal entity).
  • A written commitment from the author or authors on the independent creation of the work, not infringing on copyright.
  • A copyright registration application form of the Copyright Office.
  • Other information: author’s pen name, address, phone number and fax of the author, owner of the work.

Above is the article “Register copyright for schoolbooks” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Register copyright for textbooks

Textbooks play a particularly important role in the field of education, not only providing knowledge for students but also influencing the awareness of the younger generation. Known as an essential source of documents, registering copyright for textbooks has become an issue of concern to many customers due to its importance. The processes and procedures related to protecting copyright for textbooks need to be focused on. The following article from VCD will help you.

1.      Concept of copyright and textbook copyright?

Vietnamese intellectual property law stipulates that copyright, also known as authorship, is the right of organizations and individuals to works they create or own.

According to the provisions of Clause 1, Article 6 of the Law on Intellectual Property, copyright registration is not mandatory because copyright arises as soon as a work is created and expressed in a certain form regardless of language, copyright still arises without having to be registered with the competent authority. Registration with the competent authority is the recording of the work’s author and the recording of information about the author’s intellectual property rights for the registered work.

Textbooks are books that provide knowledge compiled for the purpose of teaching and learning at schools. This is a work published specifically according to the requirements of the educational program and approved by the Minister of Education and Training, allowing it to be used as official teaching materials.

Register copyright for textbooks

2.      Procedures for registering copyright for textbooks

The process of registering copyright for textbooks includes the following steps:

Step 1: Prepare a file to register copyright for textbooks

After completing the work, the owner or author must prepare a file to register copyright for textbooks according to legal regulations. This file must include documents proving the legal ownership of the owner and the actual process of creating the work.

Step 2: Submit a file to register copyright for textbooks

The first mandatory step is to submit online via the National Public Service Portal to get the file code.

Then, submit directly to the Copyright Offices.

Or submit by post to the Copyright Offices.

Step 3: Appraisal of registration dossiers and issuance of copyright certificates for textbooks

After receiving the registration dossiers, the Copyright Office will review, appraise and make decisions appropriate to each case as follows:

Within 15 working days from the date of receipt of valid dossiers, the Copyright Office will issue a Copyright Registration Certificate to the applicant.

If the dossier contains any deficiencies or errors that need to be supplemented, the Copyright Office will notify the applicant to make adjustments. If the individual or organization fails to make adjustments within the prescribed time, the Copyright Office has the right to return the dossier.

In case the Copyright Office refuses to issue a Copyright Registration Certificate, a written notice will be sent to the applicant.

Copyright registration fee for textbooks:

The registration fee is the amount that the author or owner of the work must pay to the registration agency (Copyright Office). This fee may vary depending on the type of work.

According to Article 4 of Circular 211/2016/TT-BTC, the fee for copyright registration for textbooks is stipulated at VND 100,000 for each certificate.

The application for copyright registration for textbooks includes the following documents:

  • Copyright registration form according to the form of the Copyright Office.
  • Copy of the work for copyright registration (02 copies): It is necessary to provide 02 copies printed on A4 paper, with the signature or seal of the author or owner.
  • Legal documents of the author, including CCCD/CMND.
  • Authorization letter for VCD to carry out the procedure.
  • Documents proving the right to submit an application.
  • Written consent of co-authors, if the work has multiple authors.
  • A written commitment from the author on the independent creation of the work, not infringing on the copyright of others.

In case the applicant is not the author (for example: organization, company), the application must include:

  • A power of attorney for VCD to carry out the procedure.
  • A copy of the identity card of the author or authors.
  • A transfer of ownership of the work from the author/authors to the owner (if there is a transfer).
  • A copy of the business registration certificate or establishment decision (if the registered owner is a legal entity).
  • A written commitment from the author or authors on the independent creation of the work, not infringing on copyright.
  • A copyright registration application form of the Copyright Office.
  • Other information: author’s pen name, address, phone number and fax of the author, owner of the work.

Above is the article “Register copyright for textbooks” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Is reacting to someone else’s video a copyright infringement?

Currently, on social networking platforms such as Facebook, YouTube, and TikTok, the trend of making reaction videos is becoming very popular. Users often create reaction videos to share emotions, opinions, or comments on existing content, clips, or songs. So are other people’s reaction videos copyright infringement? Follow the article of VCD below.

1.      What is a reaction video?

Reaction, also known as reaction, can be simply understood as a response or reaction to something. In the context of netizens, this term refers to responses or comments from users about phenomena, objects, or events.

Definition of reaction video, this is a type of video that records a person’s reactions and opinions when watching another video, such as a music video, short film trailer, or any phenomenon in life. These videos not only give viewers a first look at whether or not to experience the content, but also create a connection, as they often see themselves in the reactions of others. In particular, reaction videos are often unscripted, bringing real and immediate emotions. With a wide variety of topics, reaction videos provide a rich choice for all audiences.

2.       What is copyright?

Copyright is an individual’s ownership of a work that they create. This right is used to protect culturally significant spiritual creations, such as scientific and literary writings, musical compositions, sound recordings, paintings, photographs, and films. It protects both the personal and economic interests of the author related to that work.

Copyright comes into effect as soon as the work is created and expressed in a certain material form, regardless of the content, quality, form, medium, language, or whether the work has been published or registered.

Copyright protection is the process by which competent state agencies confirm the copyright of the creator of the work, in which they will grant protection certificates for rights such as personal rights and property rights of the owner, in order to prevent infringement or loss of copyright.

Copyright protection from a legal perspective is a synthesis of legal provisions to protect the legitimate rights and interests of authors and owners of all or part of their works.

Is reacting to someone else's video a copyright infringement?

3.      Are other people’s reaction videos copyright infringement?

In recent years, the reaction wave has quickly entered Vietnam and has been welcomed by young people, especially the streamer community. Thanks to these reaction videos, they have contributed significantly to enriching the streamer’s content as well as their popularity and increasing the number of fans on social networks. The line between copying content and “borrowing” content to illustrate one’s own product is quite fragile.

However, to make a reaction video with someone else’s content, permission from the author or copyright owner of the song is required. However, there are some cases where it is not necessary to ask for permission or pay royalties, but information about the author’s name of the song must still be provided, according to the provisions of Clause 1, Article 25 of the 2005 Intellectual Property Law, amended and supplemented in 2009 and 2022, including:

  • Self-copying 01 copy for the purpose of scientific research, personal study without commercial purposes.
  • Fair use of the work for illustration in lectures, publications or performances, audio/video recordings, broadcasts for teaching purposes.

Pursuant to Article 28 of the 2005 Law on Intellectual Property, amended and supplemented in 2022 on acts of copyright infringement, acts considered copyright infringement when using other people’s videos include one of the following acts:

  • Modifying or cutting videos in any form that harms the author’s reputation and honor.
  • Intentionally broadcasting, transmitting or providing the public with a copy of the video when knowing or having reason to know that the copyright management information has been deleted/removed/changed without the permission of the copyright owner.

Therefore, to avoid cases of copyright infringement or violation of the law, when reacting to other people’s videos, users need to ask for permission from the author or copyright owner. This not only ensures compliance with the law but also respects the rights of authors and creates opportunities for creativity and content development on online platforms.

Above is the article “Is reacting to someone else’s video a copyright infringement?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

If the author passes away before registering copyright, can the heir register?

In the context of intellectual property becoming increasingly important in economic and cultural life, protecting the rights of authors and their heirs is an essential factor. A question that many people are interested in is: “If the author passes away before completing the registration of intellectual property rights, can the heir register?”. The following article “If the author passes away before registering copyright can the heir register?” from VCD will help you.

1.      Legal basis for registering copyright after the author’s passing for the heir.

According to the provisions of Article 105 of the 2015 Civil Code, property includes property rights. Property rights are defined as rights with monetary value, including property rights related to intellectual property rights, land use rights and other property rights. Therefore, copyright (a type of intellectual property right) is also considered property. Article 612 states:

“Article 612. Inheritance

Inheritance includes the deceased’s own property, as well as their share of the property jointly owned with others.”

Accordingly, the deceased’s copyright is considered an inheritance. The heirs of the copyright will depend on whether there is a will or not. If there is no will, the heirs will be in the first order of inheritance as prescribed in Article 651:

“Article 651. Heirs by law

The heirs by law are prescribed in the following order:

a) The first order of inheritance includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased.”

In this case, the inheritance will be divided equally among the first order of inheritance. These individuals have equal rights to the copyright. If they only want one heir, the first order of inheritance can agree to divide the inheritance. Inheritance procedures in this case are also carried out similarly to those for other properties, without any specific differences.

The current Intellectual Property Law stipulates that intellectual property rights for literary, artistic, scientific works, inventions, and trademarks are property rights that can be inherited. Article 37 of the Intellectual Property Law stipulates that property rights related to intellectual property can be inherited by will or by law. Therefore, if the author passes away before registering intellectual property, the legal heir can continue to carry out the registration to protect the intellectual property.

Article 50 of the Intellectual Property Law stipulates that the registration of intellectual property rights, including copyright, can be carried out by the author’s heir. This allows the heir to take over the author’s property rights and carry out protection registration to ensure legitimate interests in the work.

Pursuant to Article 20 of the current Law on Intellectual Property, the heir will inherit the following copyrights:

  • Personal rights: publishing the work or allowing others to publish the work (the remaining personal rights are attached to the author so they cannot be inherited).
  • Property rights are specifically regulated in Article 20.
  • The heir may only exercise the inherited copyrights during the remaining copyright protection period.
If the author passes away before registering copyright, can the heir register?

2.      How to register copyrights when the author passes away for the heir.

When the author passes away, the author’s intellectual property rights, especially property rights, can be inherited and registered by the heir. Article 609 of the 2015 Civil Code stipulates that an individual’s property, including property rights related to intellectual property, can be inherited by will or by law. This property right includes the right to exploit economic benefits from intellectual property and therefore the heir can register to protect this property when the author passes away.

An heir who wants to register copyright in case the author has passed away needs to take the following steps:

  • Determine the legal heir status: The heir needs to verify and prove his/her inheritance rights, including providing a will (if any) or other legal documents to prove the inheritance relationship according to the provisions of law.
  • Prepare the registration documents: The heir needs to collect a complete dossier for intellectual property registration, including documents such as the author’s passing certificate, documents proving the author’s intellectual property rights, along with documents related to the work or invention that the author has created.
  • Submitting the application to the Department of Intellectual Property: The application for intellectual property registration must be submitted to the Department of Intellectual Property for consideration and approval. The competent state agency will conduct the assessment and confirm the intellectual property rights of the heir.

Above is the article “If the author passes away before registering copyright, can the heir register?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

How to re-register a lost copyright certificate?

A copyright registration certificate is an important legal asset for the author and copyright owner. However, in case the certificate is lost, what is the procedure for re-issuance? Please follow the article of VCD below.

1.      Regulations on copyright registration certificates.

According to the provisions of Clause 2, Article 4 of the current Law on Intellectual Property: copyright is the right of an organization or individual to a work that they create or own.

Thus, copyright is the copyright or exclusive right of an author to his or her own work. To protect copyright, it is necessary to register copyright, also known as copyright protection, which is demonstrated through a copyright registration certificate.

Accordingly, the Certificate of Copyright Registration is a document issued by a competent State agency to the author or copyright owner to record information about the author, work, and copyright owner. The Certificate of Copyright includes the following contents:

  • Name of the work.
  • Type of work.
  • Name, address, ID card number or citizen identification number of the author or copyright owner.
  • Number and date of issue of the Certificate of Copyright.
How to re-register a lost copyright certificate?

2.      How to re-register a lost Certificate of Copyright?

According to Decision No. 3684/QD-BVHTTDV in 2022, there are instructions on the procedure for re-issuing a Certificate of Copyright as follows:

The Copyright Office shall re-issue a Certificate of Copyright Registration in case the Certificate of Copyright is lost or torn.

Accordingly, when requesting to reissue a Certificate of Copyright Registration, the subjects can go to:

  • The Copyright Office,
  • Representative of the Copyright and Related Rights Registration Office of the Copyright Office in Ho Chi Minh City,
  • Representative of the Copyright and Related Rights Registration Office of the Copyright Office in Da Nang City.

In addition, these subjects can choose to submit directly or send by post to the above addresses or submit the application online at the Public Service Portal of the Ministry of Culture, Sports and Tourism.

The application for reissuance of the Certificate includes:

  • Application for change/reissuance of the Certificate of Copyright Registration;
  • Copyright registration form;
  • Copy of the work registered for copyright: 02 copies;
  • Letter of introduction from the organization authorized for the individual
  • For applicants who are beneficiaries of another person’s rights due to inheritance/transfer, documents proving the right to submit the application are required;
  • Written consent of co-authors. (For co-authored works);
  • Written consent of co-owners. (For jointly owned copyrights).

Fee for reissuing a Copyright Certificate:

  • Fee: VND 50,000/Certificate applies to the following types of works:
  •  Literary works, scientific works, textbooks, teaching materials, and other works

expressed in the form of writing or characters (collectively referred to as written works).

  • Lectures, speeches, and other speeches.
  • Journalistic works.
  • Musical works.
  • Photographic works.
  • Fee: 150,000 VND/Certificate for the following types of works:
  • Architectural works.
  • Sketches, diagrams, maps, and drawings related to topography and scientific works.
  • Fee: 200,000 VND/Certificate for the following types of works:
  • Plastic works.
  • Applied fine arts works.
  • Fee: 250,000 VND/Certificate for the following types of works:
  • Cinematic works.
  • Theatrical works stored on tape or disc.
  • Fee for re-issuing a Copyright Certificate for computer programs, data collections, or programs running on computers is 300,000 VND/Certificate.

Requesting a re-issuance of a Copyright Certificate is necessary to ensure the legitimate rights of the work owner, while helping to avoid legal risks in transactions related to the work. This not only protects intellectual property rights but also increases the trust of related parties in using the work.

For the re-issuance of the Certificate to proceed smoothly, the owner must comply with legal regulations, prepare complete and accurate documents, and closely monitor the document processing process. Any omission in the documents may cause the process to be delayed or encounter unexpected legal problems. VCD is always ready to support at every stage of the copyright registration process. From consulting on procedures, completing documents to monitoring the processing progress, VCD will accompany customers to ensure that their legitimate rights are best protected.

Above is the article “How to re-register for a lost copyright certificate?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

How to register copyright for applications (Apps)?

In today’s digital age, applications (Apps) have become an indispensable part of people’s daily lives, from shopping, payment, to entertainment and education. However, with the rapid development of the application industry, protecting the intellectual property rights of the authors who create these software is becoming increasingly important. Registering copyright for applications not only helps protect the legitimate rights of individuals and organizations that produce and develop Apps, but also encourages innovation and creativity in the technology industry. So how to register copyright for Apps? Follow the article of VCD below.

1.      What is App copyright?

App is an abbreviation of the word application translated into Vietnamese as application. This is a type of program that helps devices such as computers and mobile phones operate and directly perform a task according to the user’s purpose. For example, Apps such as shopping, payment, entertainment, games, etc.

Copyright, also known as authorship, is a term in the field of Intellectual Property. Copyright is the right of an individual or organization to a work they create or own. Individuals and organizations holding copyright have the right to own and exploit benefits related to the work. Therefore, the law protects their basic rights to the work.

Application copyright (App) is understood as the act of individuals and organizations that create or legally own a copyright to register the copyright so that the law can protect their rights to that App.

How to register copyright for applications (Apps)?

2.      How to register copyright for applications (Apps).

Pursuant to Clause 1, Article 6 of the current Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain material form, regardless of content, quality, form, means, language, whether published or not, registered or not.

Thus, according to the provisions of the law, copyright registration for the App is not mandatory. This application will be automatically protected when it is created and expressed in a certain material form. However, to proactively protect their property in case of a dispute, the authors and owners of the App should register the copyright for the App as a basis for legal proof.

Registering the copyright of the App by registering the copyright is intended to confirm ownership of the registered work in order to create a legal basis to ensure the rights and legitimate interests of the author and owner of the App.

According to Article 22 of the current Intellectual Property Law, computer software is a type of work protected by copyright. Copyright for software includes personal rights (naming, ownership, protecting the integrity of the software) and property rights (copying, distributing, transferring, leasing). An App is a type of work in which the application software is included in computer programs. So, registering copyright for an App is similar to preparing a file to register copyright for computer software.

The file to register copyright for an App includes:

  • Application form for copyright registration for an App.
  • ID card of the author who created the work.
  • Business registration of the company if the owner belongs to the company.
  • 02 printed copies of the App code.
  • 02 CDs with the name of the work.
  • Power of attorney if the submitter is an authorized person.
  • Documents proving the right to submit the 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 related to joint ownership.
  • In addition, there are other documents such as: Design rental contract, work assignment decision, declaration, etc. (if any).

Individuals and organizations submit software copyright registration applications to the Copyright Office at the following addresses:

  • Copyright Information Office – No. 33, Lane 294, Kim Ma, Ba Dinh District, Hanoi;
  • Representative Office of the Copyright Office – No. 170 Nguyen Dinh Chieu, Ward 6, District 3, Ho Chi Minh City;
  • Representative Office of the Copyright Office – No. 58 Phan Chu Trinh, Hai Chau District, Da Nang City.

Applications can be submitted directly to the Copyright Office or by post. The Copyright Office will review the application to ensure that the source code and accompanying documents meet the protection requirements.

After the application is approved, the Copyright Office will issue a Certificate of Copyright Registration for the application software, helping to confirm the author’s legal ownership.

Above is the article “How to register copyright protection for applications (Apps)?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

How to register copyright online?

In Vietnam, the number of creative works is increasing and diversifying in genre and form. Although authors pay more and more attention to protecting their works, many people still do not fully understand the relevant legal regulations, leading to the inability to protect their works comprehensively. Currently, online copyright registration has just been officially implemented through the online public service portal of the Ministry of Culture, Sports and Tourism and this is a mandatory procedure before submitting a direct application as usual. So, how to register copyright online? Please follow the article of VCD below.

1.      What is copyright registration?

Copyright registration is an activity to mark your ownership of the work you create. Copyright arises from the moment a work is created and expressed in a certain material form, regardless of content, form, medium, language, whether published or not, registered or not. Registering copyright protection for a work means declaring one’s legal ownership of that work.

2.      Subjects have the right to register copyright.

Pursuant to Clause 1, Article 49 of the current Law on Intellectual Property, it is stipulated that: Copyright registration and related rights registration is the act of an author, copyright owner, or related rights owner submitting a dossier to a competent state agency to record information about the author, work, copyright owner, or related rights owner.

Therefore, subjects allowed to register copyright include authors and copyright owners. According to the provisions of Clause 1, Article 13 of the Law on Intellectual Property, authors and copyright owners are individuals or organizations related to the creation of works, specifically including:

  • The author is the copyright owner;
  • Co-authors also have the right to own copyright;
  • The organization or individual who assigns the task to the author or signs a contract with the author is the copyright owner;
  • The copyright heir;
  • The person to whom the copyright is assigned;
  • The State can also be the copyright owner.

According to the above provisions, authors and copyright owners can be Vietnamese organizations or individuals, as well as foreign organizations and individuals whose works are first published in Vietnam and have not been published in any other country or are simultaneously published within thirty days from the date the work is first published abroad. In addition, foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which the Socialist Republic of Vietnam is a member are also included (Clause 2, Article 13 of the Law on Intellectual Property).

How to register copyright online?

3.      How to register copyright online?

Currently, according to the provisions of the Law on Intellectual Property, when submitting a copyright registration application, it is mandatory to submit the application online on the National Public Service Portal to get the application code and then submit the hard copy offline.

When submitting an online copyright registration application, individuals and organizations need to prepare the following documents:

  • A registration form with complete information about the author, owner, and information related to the subject of copyright registration (01 copy).
  • A copy of the work expected to be registered for copyright online (02 copies).
  • Document proving the right to file an application by the author (which can be a guarantee) or by the copyright owner (which can be a declaration).
  • Written consent of the authors or owners in case the work has more than one author or copyright owner.
  • Power of attorney (or authorization contract) if submitting an online copyright registration application through a representative.

Steps to register copyright online include:

  • Step 1: Create an account on the online public service portal.
  • Step 2: Log in to the granted account, access the Copyright Office’s website and select “Issuing a certificate of copyright registration”.
  • Step 3: Enter contact information along with personal information or information of the organization submitting the application.
  • Step 4: Enter the registration content and attach the necessary documents.
  • Step 5: Select the method of sending and receiving the copyright registration application.
  • Step 6: Submit the copyright registration application online.

In the case of submitting an online copyright registration application, the author or copyright owner not only needs expertise and experience to avoid wasting time and effort in the process of declaring, supplementing and completing the application. After submitting the copyright registration application, you still need to send a paper copy of the application by post or submit it directly to the Copyright Office. This process can be time-consuming and directly affects the results of the Certificate issuance.

Recognizing the difficulties and problems that registrants often encounter, VCD – a copyright representative organization licensed and recognized by the Copyright Office, operating under the provisions of the Intellectual Property Law, is always ready to support and provide copyright registration services for all individuals and organizations at home and abroad.

Above is the article “How to register copyright online?” that VCD sends to you. We hope this article is useful to you.

Sincerely,