Author: Editor VCD

Publishing a work is one of the important rights of the author’s personal rights according to the provisions of intellectual property law. However, in reality, the author is not always the owner of the copyright to his work, especially in cases where the work is created under a creative contract or according to an assigned task. The question is: when the author no longer holds ownership, does he still have the right to publish the work? The following article by VCD will help you.

1.      What is publication of a work?

According to Clause 9, Article 1 of the 2022 amended Law on Intellectual Property, a work, audio recording, or video recording is considered published when it is released with the consent of the copyright or related rights owner to disseminate copies to the public in any form, in reasonable quantities. However, current law does not specifically regulate the forms of publication of works. In practice, publication can be done in many different ways, depending on the type of work.

For written works such as books, stories, documents, etc., the most common form of publication is publishing. Works can be released in the form of traditional printed books or e-books, allowing readers to access them through devices such as phones, tablets or e-readers.

For audio and visual works, publication is often done through audio and video recordings. These recordings can be released as CDs, DVDs or digital files and posted on online platforms such as YouTube, Spotify, etc.

For performing arts such as music, theater, dance, etc., works are published through live performances to the public at stages, events or performance spaces.

For works of fine arts, photography, sculpture, etc., the common form of publication is exhibition, which means displaying the work in galleries, museums or public spaces.

2.      Who has the right to publish the work?

According to Clause 2, Article 4 of the 2022 Law on Intellectual Property, copyright is the right of an organization or individual to a work that they directly create or legally own.

The subject of copyright includes literary, artistic and scientific works. In addition, rights related to copyright apply to subjects such as performances, audio and video recordings, broadcast programs and encrypted satellite signals (according to Clause 1, Article 3 of the Law on Intellectual Property).

In addition, according to Clause 3, Article 14 of Decree 17/2023/ND-CP, the right to publish a work or allow others to publish it is the release of a work to the public with a reasonable number of copies, in order to meet the public’s access needs depending on the nature of each type of work. This publication can be carried out by the author or copyright owner, or by another individual or organization, but must have the consent of the author or copyright owner.

Therefore, the subject with the right to publish a work is the author of the work or the person authorized by the author (or copyright owner).

3.      Can an author who is not also the owner publish the work?

According to the provisions of Article 19 of the current Law on Intellectual Property, the author is entitled to four personal rights to his or her work. Including: the right to name the work; the right to have his or her real name or pen name on the work; the right to publish or authorize others to publish the work; and the right to protect the integrity of the work.

However, not all moral rights are non-transferable. In fact, only three rights are non-transferable, including: the right to name the work (clause 1), the right to have one’s name on the work (clause 2), and the right to protect the integrity of the work (clause 4). The right to publish the work or authorize others to publish the work (clause 3) is a right that can be transferred to the copyright owner.

Therefore, in the case where the author is not at the same time the copyright owner, this person no longer has the right to publish or authorize others to publish his work. This right then belongs to the copyright owner – who can be an individual, organization or enterprise – depending on the agreement or legal provisions.

Inconlusion, the author only has the right to publish the work if he is also the copyright owner. Otherwise, the publication of the work must be authorized by the copyright owner. This is an important principle to clearly distinguish between non-transferable personal rights and transferable property rights in the intellectual property law system.

Above is the article “Can an author who is not also the owner publish a work?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

In reality, the use of copyright and related rights is very rich and diverse. The classification of contracts for the use of copyright not only helps clarify the nature of each type of contract but also facilitates the research, application and enforcement of these rights in practice. The following article by VCD will help you understand better.

1.      What is the transfer of copyright and related rights?

Clause 1, Article 4 of the current Law on Intellectual Property stipulates: “Copyright is the right of an organization or individual to a work that they create or own.”

Pursuant to Clause 3, Article 4 of the 2005 Law on Intellectual Property, accordingly: “Related rights are the rights of organizations and individuals in the process of transmitting works to the public through performances, audio recordings, video recordings, broadcast programs, and satellite signals carrying encrypted programs.”

At the same time, Clause 1, Article 47 of the Law on Intellectual Property states: “Transfer of the right to use copyright and related rights is the act of the copyright owner or related rights owner allowing another organization or individual to use for a limited period one, some or all of the rights specified in Clause 1 and Clause 3, Article 19, Clause 1, Article 20, Clause 3, Article 29, Clause 1, Article 30 and Clause 1, Article 31 of this Law”.

Therefore, the transfer of copyright and related rights is the act in which the copyright owner allows another organization or individual to use for a limited period of time part, some or all of the property rights related to the work, performance, sound recording, video recording, and broadcast program. This includes the right to publish the work and the right to name the work of the owner.

2.      Types of Copyright and Related Rights Contracts.

Exclusive Use Contract

An exclusive use contract is a contract in which the transferee is the only party with the right to use the transferred rights. Even the copyright owner is not allowed to use these rights during the transfer period.

Non-exclusive Use Contract

A non-exclusive use contract, on the contrary, allows the transferor to still have the right to use the subject of the contract after the transfer. The parties can agree that the transferor has the right to transfer the powers to another entity.

Intellectual property law does not clearly stipulate whether the parties do not agree on the nature of the contract, whether it will be considered an exclusive or non-exclusive contract. However, according to current regulations, the owner still retains the right to use his property. Therefore, if there is no clear agreement, the contract will be considered a non-exclusive contract, and the owner still has the right to use the work.

3.      Scope of use of the contract

Copyright contracts can be divided into two types: One-time use contracts and Multiple use contracts.

One-time use contracts

This is a type of contract in which the user is only allowed to use the rights that have been transferred once. The contract will terminate immediately when the user has exercised that right, even though the contract is still valid. If the user continues to use it, they will be considered to have infringed the copyright and will be subject to legal liability.

Multiple Use Contract

This type of contract allows the user to use the transferred rights multiple times within the agreed term. The number of uses can be determined by the parties or depends on the user’s will. This contract enables the user to exercise the rights without having to ask for permission or sign a new contract with the transferor.

4.      Term of Use Contract

Copyright licenses can be classified into two types: Licenses with a fixed term and Licenses with an indefinite term.

Licenses with a fixed term

This is a contract in which the parties specifically agree on the term of use. The user is only allowed to use the transferred rights within a specified period of time.

Licenses with an indefinite term

This type of contract does not specify the term of use. The user will have the right to use the transferred rights until the end of the protection period as prescribed by law. However, this contract is not equivalent to the transfer of copyright, because the owner and other parties still have the right to use those rights during this period.

In addition, copyright use contracts can also be classified according to other criteria such as: With or without compensation, one user or many users

The above is the article “Types of copyright and related rights use contracts” that VCD sends to you. We hope this article is useful to you.

Sincerely,

In the context of globalization and the strong development of technology, copyright has become an increasingly concerned issue. A notable point is that copyright does not necessarily need to be registered to be effective. So, why does copyright not need to be registered but is still protected? The following article by VCD will help you.

1.      Why does copyright not need to be registered but is still protected?

According to Clause 1 and Clause 2, Article 6 of the current Intellectual Property Law, the basis and time of arising of copyright for works are as follows:

• Copyright arises as soon as a work is created and expressed in a specific material form, regardless of the content, quality, form, means or language of the work. This right still exists whether the work has been published or not, or has been registered or not.

• Meanwhile, related rights are formed from activities such as performing, recording, filming, broadcasting or transmitting satellite signals carrying encrypted programs. However, related rights must be exercised without infringing upon copyright.

In addition, according to Clause 2, Article 49 of the Law on Intellectual Property, submitting an application for a Certificate of Copyright Registration or a Certificate of Related Rights Registration is not a mandatory procedure to enjoy copyright and related rights under the provisions of this Law.

It can be seen that signing a copyright is not a mandatory requirement. Copyright arises as soon as a work is created and expressed in a specific material form, regardless of content, quality, form, medium or language, and does not depend on whether the work has been published or registered. Therefore, immediately after completing the work, copyright will be automatically formed, even if the copyright registration procedure has not been carried out.

This is the difference compared to the protection of industrial property objects, such as trademarks, inventions, industrial designs, ownership of these objects only arises when the state grants a protection certificate.

2.     What are the risks of not registering copyright for a work?

Legally, copyright and works are protected regardless of copyright registration. However, not registering copyright can lead to certain legal risks for the author.

First of all, without copyright registration, the work is easily copied or abused by others for profit. This causes the author to lose the legitimate rights in exploiting his work.

Second, not registering can also lead to disputes. If a work is copied and someone else registers the copyright first, the author will have to prove that he is the creator to protect his rights. However, this proof is not always easy, and many authors have encountered difficulties, even “lost” their work.

Finally, not registering copyright will make it difficult to exploit copyright. According to regulations, the author can transfer some of his rights to another party to receive benefits. However, the transferee often requires a certificate of copyright registration, a basic document to verify legal rights. Therefore, not registering will make other parties hesitant to accept the transfer of copyright.

3.     Copyright registration dossier

According to Article 39 of Decree 17/2023/ND-CP, the copyright registration dossier includes the following documents:

• Copyright registration declaration: This declaration must be signed or fingerprinted by the author, copyright owner or related rights owner, except in cases where signing is not possible due to physical reasons.

• Copy of work: 02 copies of the work (including electronic copies) or 02 copies of the fixed version of the performance, audio recording, video recording, or broadcast program must be submitted.

• Authorization document: If the applicant is not the author or copyright owner, a written authorization from that person is required.

• Documents proving ownership: Documents proving ownership must be provided, which can be originals or notarized or certified copies. This document may include a contract, inheritance, or assignment of rights.

• Affidavit of Creativity: In case the author is not the copyright owner, a written pledge of self-creation and creativity according to the assignment decision is required, along with the contract or certificate of participation in the contest. The author is legally responsible for the content of the pledge.

• Consent of co-authors: If the work has multiple co-authors, written consent of all co-authors is required.

• Consent of co-owners: In case the copyright or related rights are jointly owned, written consent of all co-owners is required.

• Consent of personal image: If the work uses another person’s image, written consent of that person is required according to the law.

Above is the article “Why is copyright protected without registration?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

In the field of intellectual property, copyright protection plays a very important role, especially in the context of a strongly developing knowledge economy. In reality, individuals or organizations are not always able to carry out copyright registration procedures on their own. This has led to the necessary need to authorize others to represent them. Therefore, the authorization document for copyright has become an essential legal tool, helping to ensure the rights and protect the interests of the author as well as the owner of the work. So, is that authorization document required to be notarized? The following article by VCD will help you.

1.  What is an authorization document for copyright?

Authorization is an agreement between the parties according to which the authorized party will be obliged to perform work on behalf of the authorizing party.

Authorization is one of two forms of representation as prescribed by law as recorded in Article 135 of the 2015 Civil Code. Accordingly, the right to represent is established by authorization between the represented person and the representative or by decision of a competent state agency, by charter of the legal entity or by provisions of law.

According to Clause 2, Article 4 of the current Law on Intellectual Property, copyright is the right of an individual or organization to a work created or owned by them.

Therefore, a copyright authorization document is a legal document for an authorized individual or organization to carry out copyright registration procedures. When the author or owner of a work cannot or does not want to register copyright himself, he or she can authorize another person to do it on his or her behalf.

2.   When authorizing copyright registration, does the authorization document have to be notarized?

According to Clause 1, Article 50 of the current Law on Intellectual Property, the author or copyright owner may directly or authorize another organization or individual to submit the application for copyright registration.

The copyright authorization document must have the following basic contents:

• Full name and address of the authorizing party and the authorized party.

• Content and scope of authorization.

• Duration of authorization.

• Date of authorization.

• Signature and seal of the authorizing party (if any).

Pursuant to the provisions of Clause 6, Article 38 of Decree 17/2023/ND-CP on the application for copyright registration and related rights registration as follows:

Submission of application for copyright registration and related rights registration

…

6. In case of submitting an application for copyright registration and related rights registration through an authorization, the application must include an authorization document. The authorization document must specify the contact information of the authorizing party and the authorized party; the name of the work, performance, audio recording, video recording, broadcast program; the scope of authorization; the authorization period.

According to the above provisions, when registering copyright and related rights through authorization, the dossier must include an authorization document. In case the authorizing party is an organization, that organization must be a legal entity with its own seal to stamp and seal the authorization document.

In case the authorizing party is an individual, the authorization document must be certified in accordance with the provisions of law. Therefore, in case the authorizing party is an individual, the Decree stipulates that the authorization document must be certified in accordance with the provisions of law. This means that, although the authorization document does not necessarily have to be notarized in all cases, if the authorizing party is an individual, certification is mandatory.

Authentication helps confirm the legality and reliability of the document, protecting the rights of both parties in the process of exercising copyright. Authentication also facilitates related legal procedures, minimizing the risk of disputes that may occur later.

Therefore, when performing authorization in copyright registration, individuals need to pay attention to the authentication requirements to ensure that the authorization document fully complies with legal regulations, thereby facilitating the registration process and protecting their legal rights.

Currently, there are many copyright authorization forms shared online. However, using these forms to perform authorization is not a wise choice. Most of the content on the internet is often very general and lacks specificity. This can lead to a lack of clarity about the content of the authorization as well as the responsibilities of the parties involved. Therefore, to effectively protect rights, we need to build a suitable and detailed authorization document that meets legal requirements.

Above is the article ” When authorizing copyright registration, does the authorization document have to be notarized?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

Each country has the right to issue legal regulations to protect intellectual property objects that are suitable for its own interests. Countries will choose the protection standards compatible with their development conditions. Therefore, intellectual property rights will have different characteristics depending on each country. So when you have registered for copyright protection in Vietnam, will that copyright be protected internationally? The following article from VCD will provide you with detailed information.

1.       Overview of Vietnamese copyright

Copyright is the copyright of an author over a work he or she creates such as literature, art, science, computer software and other objects specifically prescribed in Article 14 of the current Vietnamese Intellectual Property Law.

In Vietnam, copyright is regulated in the Intellectual Property Law. A work is protected when it meets the conditions of creation and is expressed in a certain material form without registration. However, copyright registration for a work is encouraged as a legal basis to prove ownership.

Copyright in Vietnam is protected under the provisions of the Intellectual Property Law 2022. Accordingly, works of authors who are Vietnamese citizens or organizations or individuals headquartered in Vietnam will be protected within the territory of Vietnam.

Copyright protection is the act by which competent state agencies confirm the copyright of the person who created the work, in which the agency will record certificates of protection for rights such as personal and property rights of the owners. In the event that individuals or organizations commit acts of copyright infringement, they will be handled by law.

2.      Is copyright registration in Vietnam protected internationally?

Intellectual property rights are “territorial rights”, meaning that they are usually only protected within the territory of a country (Vietnam) or within the territory of a region (for example, within the territories of member countries of the Organization) where registration and protection are obtained.

Principles of international copyright protection:

Because copyright is territorial, each country has its own legal system to regulate it. However, to create cooperation and protect the rights of authors on a global scale, many countries have joined international copyright treaties.

The principles of protection include:

• Works are protected under the law of the country where the work is published or exploited.

• Automatic protection without registration in a member country of the international convention.

Currently, Vietnam has joined many important international treaties on copyright, including:

• Berne Convention for the Protection of Literary and Artistic Works (joined in 2004): This Convention stipulates that works of nationals of member countries will be automatically protected in other member countries without the need for registration.

• TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights): This Agreement requires members of the World Trade Organization (WTO), including Vietnam, to implement copyright protection regulations similar to those in the Berne Convention.

• Geneva Convention on Copyright in Phonograms: This Convention protects the rights of producers of phonograms against unauthorized copying.

• Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations: This Convention protects copyright-related rights in the field of musical performances and productions.

Some notes when protecting international copyright:

• Not all countries protect copyright the same. Some countries have not joined the Berne Convention or have their own domestic regulations that require authors to research carefully.

• The protection period may vary between countries, it may be shorter or longer than in Vietnam.

• In case of a dispute, the author may have to file a lawsuit in the country where the violation occurred according to the regulations of that country.

Copyrights registered for protection in Vietnam can be protected internationally through treaties to which Vietnam is a party, especially the Berne Convention. To improve the ability to protect rights abroad, authors should consider additional registration in target countries and cooperate with copyright management organizations. Understanding the scope and mechanism of international copyright protection will help authors make effective use of their works and avoid unwanted disputes.

Above is the article “If you register copyright protection in Vietnam, will you be protected internationally?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Copyright is one of the important intellectual property rights, which aims to protect the rights and creative efforts of the author for the work they create or own. One of the rights that the author has is to transfer the right to use the work to another organization or individual. However, there are cases where copyright is not allowed to be transferred. The following article of VCD will help you.

1.      What is copyright?

According to Clause 2, Article 1 of the current Intellectual Property Law, the concept is as follows: Copyright is the right of an organization or individual to the work they create or own.

Thus, copyright includes specific rights granted by law to the author or owner of a work, such as the right to name or pen name on the work, to have the real name or pen name mentioned when the work is published, to be copied, adapted or transmitted, to disseminate the work to the public, etc.

Copyright has some of the following outstanding characteristics:

• Copyright is aimed at protecting the form of expression of the work.

• The form of establishing rights is based on an automatic mechanism.

• Copyright limited transfer.

2.      Cases where copyright cannot be transferred

According to Article 45 of the current Law on Intellectual Property, “The transfer of copyright and related rights is the act by which the copyright owner or related rights owner allows another organization or individual to use for a limited period one, some or all of the rights specified in Clause 1 and Clause 3, Article 19, Clause 1, Article 20, Clause 3, Article 29, Clause 1, Article 30 and Clause 1, Article 31 of this Law”.

Thus, the groups of rights that are allowed to transfer copyright include:

Personal rights

Naming the work.

Publishing the work or allowing others to publish the work.

Property rights

Property rights such as Making derivative works; Directly or indirectly copying the whole or part of the work; Broadcasting and communicating the work to the public; Distributing and importing for distribution to the public;

Performers’ property rights such as: Broadcasting, communicating to the public the fixed version of their performance; Fixing their live performance on a sound recording, video recording; Leasing the original or a copy of a cinematographic work, computer program;

Property rights of producers of sound recordings, video recordings such as: Copying all or part of their sound recordings, video recordings; Distributing, importing for distribution to the public; Commercially leasing to the public the original, a copy of their sound recordings, video recordings; Broadcasting, communicating to the public their sound recordings, video recordings;…

Broadcasting organizations’ rights such as: Broadcasting, rebroadcasting their broadcast programs; Fixing their broadcast programs; Directly or indirectly copying all or part of their broadcast program fixation; Distributing, importing for distribution to the public.

For the transfer of copyright, the author is not allowed to transfer the following personal rights:

• To have his/her real name or pen name on the work; to have his/her real name or pen name mentioned when the work is published or used;

• To protect the integrity of the work, not to allow others to edit, cut or distort the work in any form that harms the honor and reputation of the author.

• For the transfer of related rights, the performer is not allowed to transfer the following personal rights:

• To be introduced by name when performing, when releasing audio recordings, video recordings, or broadcasting the performance;

• To protect the integrity of the performance image, not to allow others to edit, cut or distort in any form that harms the honor and reputation of the performer.

The transfer of copyright rights is carried out through a copyright license contract, according to the provisions of Article 48 of the Law on Intellectual Property, this contract must be made in writing. The main contents of the contract include:

• Full names and addresses of the transferor and the transferee.

• Basis for transfer.

• Scope of transfer.

• Price and method of payment.

• Rights and obligations of the parties.

• Responsibilities in case of breach of contract.

• In addition, the implementation, amendment, termination or cancellation of the contract will be applied according to the provisions of the Civil Code.

According to Article 41 of Decree 17/2023/ND-CP, the issuance of a new Certificate of Copyright Registration and Certificate of Related Rights Registration shall take place when there is a change in the copyright owner, related rights owner, or information related to the author, work, performance, sound recording, video recording, or broadcast program.

Meanwhile, transferring the right to use copyright is only allowing the use of copyright for a certain period of time without transferring ownership. Therefore, transferring the right to use is not considered a change of copyright owner, and therefore, there is no need to carry out the procedure for issuing a new Certificate of Copyright Registration.

Above is the article “Cases where copyright cannot be transferred” that VCD sent to you. We hope this article is useful to you.

In the context of the modern market economy, capital contribution to enterprises is becoming more and more diverse and rich. One of the notable forms of capital contribution is the use of copyright as a capital contribution. Therefore, many people ask whether copyright is allowed to be contributed to establish a business or not? The following article by VCD will help you.

1.      Is copyright a type of property?

According to the provisions of Article 105 of the 2015 Civil Code, property is defined to include objects, money, valuable papers and property rights, classified into real estate and movable property. Real estate and movable property can be existing property or property formed in the future. Also according to Article 115 of this Code, property rights are defined as rights that can be valued in money, including intellectual property rights, land use rights and other property rights.

According to Clause 1, Article 4 of the current Law on Intellectual Property, intellectual property rights are the rights of organizations or individuals to intellectual property, including copyright and related rights, industrial property rights and rights to plant varieties.

From these provisions, it can be affirmed that copyright is recognized as a type of property. Thereby, copyright owners have the ability to profit from their creations, according to the provisions of current law.

2.     Is it allowed to contribute capital using copyright?

According to the 2020 Enterprise Law, capital contribution is understood as the contribution of assets to form the charter capital of a company, including capital contribution to establish a new company or increase the charter capital of an established company.

Intellectual property rights, according to the provisions of the current Intellectual Property Law, are the rights of organizations or individuals to intellectual property, including copyrights, related rights, industrial property rights and rights to plant varieties.

In Clause 1, Article 34 of the Enterprise Law 2020, contributed capital is determined to be Vietnamese Dong, freely convertible foreign currencies, gold, land use rights, intellectual property rights, technology, technical know-how and other assets that can be valued in Vietnamese Dong. However, it should be noted that only individuals or organizations that are legal owners or have legal rights to use the above assets have the right to use such assets to contribute capital according to the provisions of law.

Therefore, individuals or organizations that legally own intellectual property rights have the full right to use these assets to contribute capital. Capital contribution here is understood as the transfer of intellectual property value through recording the owner on the protection certificate and including this ownership in the list of contributed assets of the enterprise.

3. Conditions for property rights to be contributed as capital.

The property is an intellectual property right that has been registered with a competent state agency and has been granted a protection certificate. Only the owner, that is, the person whose name is on the protection certificate, has the right to use this intellectual property to contribute capital to the enterprise.

According to Clause 1, Article 36, contributed assets that are not Vietnamese Dong, freely convertible foreign currency or gold must be valued by members, founding shareholders or a valuation organization, and the value must be expressed in Vietnamese Dong. Contributed assets when establishing an enterprise must be valued according to the principle of consensus among members or through a valuation organization. If a valuation organization is used, the value of the asset must be approved by more than 50% of the members and founding shareholders.

Note:

• If the contributed asset is valued higher than its actual value at the time of capital contribution, the members and founding shareholders will have to jointly contribute the difference between the valuation and the actual value. At the same time, they will also be responsible for damages arising from intentionally valuing the asset higher than its actual value.

• The capital contribution is only considered complete when the legal ownership of the contributed asset has been transferred to the company. For assets used in the business activities of the owner of a private enterprise, it is not necessary to carry out procedures to transfer ownership to the enterprise.
• In addition, all activities related to the purchase, sale, transfer of shares and capital contributions, receipt of dividends and transfer of profits abroad by foreign investors must be carried out through accounts in accordance with the provisions of the law on foreign exchange management. However, cases of payment by assets or other forms other than cash are still accepted.

Above is the article “ Is it allowed to contribute capital with copyright?” sent to you by VCD. We hope this article is useful to you.

Sincerely,