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Author: Editor VCD

When is copyright protected?

Many people mistakenly believe that copyright registration is necessary for a work to be legally protected. In reality, the Intellectual Property Law stipulates that copyright is established as soon as the work is created and expressed in a specific physical form. So, when is copyright officially protected, and what conditions must be met according to the law?

What is copyright?

According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.” This right includes two basic groups of rights: moral rights and property rights, aiming to comprehensively protect the spiritual value and economic exploitation value of the work.

Moral rights:

  • Naming the work; Author’s rights include:
  • Publishing the work under one’s real name or pseudonym.
  • Publishing the work or allowing others to publish it.
  • Protecting the integrity of the work, preventing others from distorting, modifying, or abridging it in a way that affects the author’s honor and reputation.

Property rights:

  • Allowing the author or owner to commercially exploit the work through activities such as creating derivative works.
  • Performing it publicly; copying it in any form; distributing, selling, or transferring copies of the work.
  • Broadcasting or communicating it to the public through technical means.
  • Renting the original or copies of cinematographic works, computer programs, and other forms of exploitation.

In short, copyright is the right of a person who has invested intellectual effort to create a work bearing their unique personal imprint, regardless of the form of expression of the work.

When is copyright protected?

When is copyright protected?

This is a common misconception, with many believing that copyright protection only applies to works after registration. However, Vietnamese law is quite different.

According to Clause 1, Article 6 of the 2022 Intellectual Property Law: “Copyright arises from the moment a work is created and expressed in a tangible form, regardless of its content, quality, form, medium, language, whether it has been published or not, or whether it has been registered or not.”

This means that as soon as you finish writing a poem, preparing a lecture, taking a photograph, designing a drawing, or programming software… copyright automatically arises without any administrative procedures, without the need to submit documents, or without seeking confirmation.

However, not every work is protected; it must meet the following two conditions:

Condition 1: The work must be created directly by the author.

The work must be the result of the author’s intellectual labor and not copied from others.

Condition 2: The work must be expressed in a tangible form.

Ideas in one’s mind are not protected. But when those ideas are expressed in written form, soft files, audio recordings, images, drawings, program source code, etc., copyright arises.

This is very important in copyright disputes because whoever can prove they created the work first has a legal advantage.

In short, copyright is protected from the moment the work is created and expressed in a specific tangible form, regardless of whether or not it has been registered. As long as a work is the result of intellectual labor directly created by the author and has been “materialized” into text, images, sounds, drawings, digital data, or any other form of storage, copyright automatically arises and is protected by law.

Is copyright registration mandatory?

Many people mistakenly believe that copyright registration is mandatory for legal protection. However, the Intellectual Property Law clearly stipulates that registration is not a condition for copyright to arise. From the moment a work is created and expressed in a certain physical form, copyright is automatically established.

This is affirmed in Clause 2, Article 49 of the 2022 Intellectual Property Law: “Submitting an application for a Certificate of Copyright Registration or a Certificate of Related Rights Registration is not a mandatory procedure to enjoy copyright or related rights as prescribed by this Law.” This means that even if you have never registered your work, it is still fully protected by law.

However, the law still encourages copyright registration because of the significant legal evidence it provides. Essentially, copyright registration is a way to create solid evidence to prove ownership in case of disputes.

A copyright registration certificate is an important legal basis for determining: who is the author, who is the owner, and when the work was created. When disputes arise regarding copying or copyright infringement, the registered author only needs to present the certificate, while the unregistered author will have to spend more effort proving their rights with manuscripts, original files, email exchanges, witnesses, data creation dates, etc.

The above article answers the question “When is copyright protected?”. Understanding this regulation correctly will help individuals and organizations be more proactive in protecting their creative work and minimizing legal risks in case of disputes.


FAQ

1. What conditions must a work meet to be protected by copyright?

The work must be created directly by the author through their intellectual labor and expressed in a specific physical form, not copied from another person’s work.

2. Are ideas protected by copyright?

No. Copyright only protects the specific form of expression of an idea; ideas, concepts, or content that have not yet been expressed as a work are not covered by copyright.

How many years is copyright protection?

The duration of copyright protection is a matter of great concern to many individuals and organizations when exploiting and using works in practice. Many cases of legal violations stem from misunderstanding or not knowing the protection period for each group of rights. So, how many years is copyright protection and how is this period calculated? Let’s find out with VCD in the article below!

What is copyright?

According to Clause 2, Article 4 of the 2022 Intellectual Property Law, copyright is defined as follows:

“Copyright is the right of an organization or individual to a work created or owned by them.” This right includes two basic groups of rights: moral rights and property rights, aiming to comprehensively protect the spiritual value and economic exploitation value of the work.”

Regarding moral rights, authors are legally guaranteed rights such as: naming their work; using their real name or pseudonym when the work is published or used; deciding whether to publish the work or permit others to publish it; and protecting the integrity of the work’s content, preventing others from distorting, modifying, or abridging it in a way that affects their honor and reputation.

Regarding property rights, authors or copyright owners have the right to commercially exploit their work through various forms such as: creating derivative works; performing them publicly; copying the work in any form; distributing and transferring copies of the work; broadcasting and communicating the work to the public through technical means; renting the original or copies for cinematographic works, computer programs, and other legitimate forms of exploitation.

In short, copyright is a set of legal rights granted to the creator or owner of a work, ensuring recognition of intellectual labor and providing a basis for… for the purpose of exploiting the economic value of the work, regardless of its specific form of expression.

How many years is copyright protection?

How many years is copyright protection?

According to Article 27 of the 2022 Intellectual Property Law, the term of copyright protection is stipulated as follows:

The term of protection for moral rights is indefinite, except for the right to publish the work or to allow others to publish the work.

In that case, the term of protection for the right to publish will be similar to property rights, but the protection term will differ for each type of work as follows:

  • Cinematographic works, photographic works, applied art works, and anonymous works have a protection term of 75 years from the date of first publication;
  • Cinematographic works, photographic works, and applied art works that have not been published within 25 years from the date of their creation have a protection term of 100 years from the date of their creation;
  • In the case of anonymous works, when information about If the author or the work does not fall under the above categories, the protection period is calculated for the author’s lifetime and 50 years after the author’s death; in the case of a work with co-authors, the protection period ends in the fiftieth year after the death of the last remaining co-author.

Note: This protection period ends at 24:00 on December 31st of the year the copyright protection period expires.

Example:

Author A created a book (which has been published) and passed away in 2020. According to regulations, the property rights to this work are protected for the author’s lifetime and 50 years after the author’s death.

Therefore, the protection period will be calculated from 2020 to the end of 2070 and will end at 24:00 on December 31st, 2070. From January 1st, 2071, this work falls under the scope of copyright protection. The public and all organizations and individuals can use the work without permission or royalties (but the author’s name must still be credited according to regulations on moral rights).

Important note when using works after their protection period has expired

Many people believe that once a work’s protection period has expired, it can be used freely in any way. However, this understanding is not entirely accurate. In reality, even though property rights have ended and the work belongs to the public domain, the author’s moral rights are still protected indefinitely by law.

Therefore, when exploiting or using works whose protection period has expired, individuals and organizations need to pay special attention to the following issues:

First, the author’s name must still be credited when using the work.

Even without permission or royalties, crediting the author is a mandatory obligation to respect the creative work of the person who created the work.

Second, it is not permitted to distort, modify, or cut the work. Trimming the content of the work.

The work may be freely exploited, but its original content and meaning must not be distorted, or used in a way that affects the author’s honor and reputation.

Third, the work must not be used in negative or offensive contexts.

Introducing the work into inappropriate environments or content may be considered a violation of the right to protect the integrity of the work.

Fourth, it is necessary to accurately determine whether the work’s protection period has actually expired.

Before using a work, it’s crucial to carefully check the expiration date of the protection period as stipulated by law to avoid violations due to misunderstandings about the timeframe.

It’s clear that the expiration of protection doesn’t automatically mean the author has the right to use the work arbitrarily. Respecting the author’s moral rights remains a mandatory principle when exploiting works in the public domain.

The above is an article titled “How many years is copyright protection?“. Understanding the protection period not only helps authors and owners protect their rights but also helps individuals and organizations use works in accordance with regulations, avoiding the risk of legal violations during exploitation and use.

Sincerely,

FAQ

1. Is it necessary to credit the author when using a work whose protection period has expired?

Yes. Even if the work is in the public domain, users are still required to credit the author to respect the moral rights that are protected indefinitely.

2. Is it permissible to edit or abridge a work whose protection has expired?

No. Any act of modification, distortion, or abridgement that falsifies the content or affects the honor and reputation of the author is still considered a violation of moral rights.

Are data collections protected by copyright?

With the rapid development of technology and digital data, the collection and creation of data collections are becoming increasingly common in many fields. However, many people still mistakenly believe that data collections are protected by copyright. Let’s explore this in the article below!

What is a data collection?

Currently, Vietnamese law does not have a specific definition of “data collection.” However, it can be understood that a data collection is a collection of individual data (numbers, information, symbols, text, images, etc.) that are collected, selected, arranged, and systematized according to a certain principle, for the purpose of research, management, business, or information exploitation.

Data collections can exist in many forms such as:

  • Customer databases;
  • Statistical datasets;
  • Catalogs of specialized information;
  • Digitized databases;
  • Collections of information compiled and categorized with a specific purpose.

Note: Individual data (events, numbers, pure information) are generally not original. Therefore, the issue of protection does not lie in the individual data itself, but in the way the data is selected, arranged, and presented.

Are data collections protected by copyright?

Are data collections protected by copyright?

Based on the provisions of Clause 1, Article 14 of the 2022 Intellectual Property Law:

“Literary, artistic, and scientific works protected include:

m) Computer programs, data collections.”

Thus, it can be affirmed that data collections are a type of work protected by copyright law. However, not all data collections are automatically protected.

Note:

  • Clause 3, Article 14 of the 2022 Intellectual Property Law emphasizes that a protected work must be directly created by the author through their intellectual labor and not copied from another person’s work. This means that the law does not protect raw data, factual data, or isolated objective information, because these elements exist objectively and are not the result of creation. Instead, the protected element lies in the method of selecting, classifying, arranging, and systematizing the data—that is, the form of expression bearing the author’s personal imprint.
  • Copyright protection for data collections also needs to be correctly understood in terms of its scope. Copyright only protects the creative form of expression of the data collection, not the content of information, numbers, or individual data within it. Therefore, others may still collect and use similar data from legitimate sources, but they are not allowed to copy, reproduce the structure, organization, or innovative presentation methods of the protected data collection.

From the above analysis, it can be affirmed that data collections are protected by copyright under Vietnamese law if they fully meet the conditions regarding creativity, independence, and form of expression as stipulated in Article 14 of the 2022 Intellectual Property Law.

Recognizing and protecting this type of work is not only consistent with the development trend of the digital economy, but also contributes to protecting intellectual labor achievements and encourages individuals and organizations to invest seriously in the legal collection and exploitation of data.

Regulations on copyright for data collections

According to Clause 2, Article 22 of the 2022 Intellectual Property Law:

“A data collection is a creative compilation expressed in the selection and arrangement of materials in electronic or other forms.

Copyright protection for a data collection does not encompass the materials themselves and does not infringe upon the copyright of the materials themselves.”

From this regulation, it can be seen that the law does not assess the creativity of a data collection based on the individual content of each material, because data, information, or events can exist independently and objectively. Instead, the decisive factor for a data collection to be protected by copyright is the way the data is organized, systematized, classified, and presented, reflecting the intellectual imprint and unique creativity of the author in the compilation process.

Furthermore, the Intellectual Property Law affirms an important principle to avoid overlapping and conflicts of rights: protecting a data collection does not equate to possessing or creating rights to the materials within it. Therefore, if the materials used in the data collection are works that have already been independently protected by copyright, the author’s legitimate rights and interests in those materials remain intact and are not affected by the protection of the data collection.

These regulations aim to ensure a balance between protecting the creative work of the data collection compilers and respecting the legitimate rights and interests of authors with respect to each individual material, in line with the nature and objectives of copyright law in the digital environment.

The above is an article titled “Are data collections protected by copyright?“. Hopefully, the information shared above will help individuals and organizations be more proactive in exploiting, using, and protecting their intellectual property, while also minimizing legal risks arising from data usage in today’s digital environment.

Sincerely,

FAQ

1. What is the scope of copyright protection for data collections?

Copyright only protects the creative expression of data collections, including their structure, organization, and presentation; it does not protect individual documents, information, or data within the collection.

2. Is it mandatory to register copyright for data collections?

It is not mandatory. Copyright for data collections arises automatically from the moment the work is created and expressed in a physical form; however, registration is still encouraged to facilitate the proof of rights in case of disputes.

Copyright in scientific research and technological development results

In the context of science and technology becoming the core driving force of knowledge-based economic development, research results not only possess academic value but also profound legal and commercial significance. Properly defining copyright for scientific research and technological development results will help individuals and organizations protect their intellectual property, avoid disputes, and effectively exploit the value of creativity in accordance with the law.

What are scientific research and technological development results?

According to Clauses 7 and 8, Article 3 of the Law on Science, Technology and Innovation 2025:

Applied research is a scientific research activity that uses scientific knowledge to create solutions to serve practical needs in production, business, and socio-economic life.

“Technological development is the process of applying the results of scientific research and experience to design, test, refine, and standardize technical processes in order to create new technologies or improve existing technologies, suitable for practical application conditions.”

Therefore, the results of scientific research and technological development are understood as a collection of products, knowledge, solutions, processes, equipment, methods, models, or new technologies created after the research and development process, capable of practical application and directly contributing to the process of industrialization and modernization, improving production and service efficiency, improving the quality of life, and promoting innovation in society.

These results can exist in various forms, such as:

  • Scientific knowledge (discoveries, theories, research reports, etc.)
  • New technical or technological solutions (such as production processes, equipment, software, etc.)
  • Practical applications (such as technological products, experimental production models, etc.)
  • Intellectual property (such as inventions, designs, copyrights for scientific documents, etc.).
Copyright in scientific research and technological development results

Are the results of scientific research and technological development protected by copyright?

According to Article 14 of the 2022 Intellectual Property Law, the types of works protected by copyright include:

“Literary, artistic, and scientific works protected include:

a) Literary and scientific works, textbooks, teaching materials, and other works expressed in written form or other characters; …”

Thus, the results of scientific research and technological development, if expressed in the form of reports, scientific articles, dissertations, theses, research documents, project descriptions, scientific papers, etc., are considered scientific works and are protected by copyright.

Note: Copyright protects the form of expression of research results, not the ideas, processes, methods, or technical solutions themselves.

Example:

  • A scientific article published in a journal will be protected by copyright.
  • The new technical process in that article will not be subject to copyright but may be considered an invention (industrial property right).

Regulations on copyright for scientific research and technological development results

In scientific research and technological development activities, determining who is the author and the author’s rights to the research results is a matter of particular legal significance. This is the basis for protecting the legitimate rights of scientists, while clarifying the boundary between copyright and ownership of research results by the leading agency or organization.

According to the Law on Science, Technology and Innovation 2025, the person directly carrying out the scientific research and technological development task is the author of that research and technological development result. The author enjoys the rights as stipulated in this law and related legal regulations, especially the Law on Intellectual Property.

The person directly conducting the research and creating the scientific content, solutions, reports, and research documents is still identified as the author, regardless of whether the research task is carried out as:

  • State-level, ministerial-level, or institutional-level projects
  • Tasks assigned by universities, research institutes, or businesses
  • Tasks using state budget or private funding

This means that the scientist’s name must be credited on the research results, regardless of who owns the funding or the lead organization.

Author’s moral rights regarding scientific research and technological development results:

According to Article 19 of the 2022 Intellectual Property Law, authors have the following moral rights regarding their works:

  • Naming the research work
  • Having their name listed as the author on the research work
  • Being named when publishing or using the research results
  • Protecting the integrity of the research content, preventing others from modifying, abridging, or distorting it

These are non-transferable rights to any organization, including the agency in charge of the project.

Property rights may belong to the organization in charge of the scientific research and technological development results:

Besides the author’s moral rights, property rights regarding the research work depend on the assignment relationship.

According to Article 39 of the Intellectual Property Law: “The organization that assigns the task to the author or enters into a contract with the author is the owner of the property rights to the work created by the author while performing the task.”

Therefore, universities, research institutes, businesses, or state agencies can be the owners of property rights. They have the right to publish, copy, exploit, and use the research results for commercial purposes. Meanwhile, the scientist retains their copyright (moral rights).

The above is an article on “Copyright in scientific research and technological development results”. Hopefully, individuals and organizations can better understand the scope of protection, thereby proactively protecting and effectively exploiting the value of research achievements.

Sincerely,

FAQ

1. Who is the author of the results of scientific research?

The author is the person who directly creates the work. 1. In the case of research conducted as part of an assigned task, property rights may belong to the agency or organization, but moral rights remain with the creator.

2. Are scientific research ideas protected by copyright?

No. Copyright only protects the form of expression of the work, not the idea, method, or process of research.

Conditions for initiating a civil lawsuit regarding copyright and related rights

When copyright and related rights are infringed, initiating a civil lawsuit is one of the important legal measures to protect the legitimate rights and interests of the rights holder. However, not every infringement case can be immediately prosecuted; it must meet all the conditions stipulated by civil procedural law and intellectual property law. This article will clarify the conditions for initiating a civil lawsuit regarding copyright and related rights.

Right to initiate civil lawsuits concerning copyright and related rights

Based on Article 56 of Decree 22/2018/ND-CP and inherited and updated in Decree 17/2023/ND-CP detailing the implementation of some articles of the Law on Intellectual Property concerning copyright and related rights (Decree 17/2023), the protection of copyright and related rights is carried out as follows:

The copyright owner and the owner of related rights may directly exercise their rights or authorize a collective copyright and related rights representative organization or another organization or individual to act on their behalf in protecting their rights. The authorized entity is responsible for publicly disclosing information so that organizations and individuals wishing to exploit or use the works, performances, sound recordings, video recordings, and broadcast programs can contact them to negotiate the use.

This content is also recorded in Section II.1 of Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP when regulating the right to initiate civil lawsuits related to copyright and related rights.

Accordingly, the entities entitled to initiate lawsuits include:

  • Authors; copyright owners, owners of related rights; legal heirs of the author or of the copyright owner, or owner of related rights; individuals and organizations to whom rights have been transferred from the copyright owner, or owner of related rights; individuals and organizations using the work under contract; performers; producers of sound and video recordings; broadcasting organizations.
  • Collective copyright and related rights organizations; other organizations and individuals authorized by the copyright owner or owner of related rights to initiate lawsuits.
  • State agencies and relevant organizations, within the scope of their duties and powers, have the right to initiate civil lawsuits to protect public interests or the interests of the State in the field of copyright and related rights.
Conditions for initiating a civil lawsuit regarding copyright and related rights

Conditions for initiating a civil lawsuit regarding copyright and related rights

The conditions for initiating a civil lawsuit regarding copyright and related rights are stipulated in Clause 1, Section IIIA of Joint Circular 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP, specifically as follows:

Condition 1: Copyright and related rights have arisen according to the provisions of law.

Copyright and related rights are established according to the provisions of Clauses 1 and 2, Article 6 of the 2022 Intellectual Property Law.

“1. Copyright arises from the moment the work is created and expressed in a certain physical form, regardless of content, quality, form, medium, language, whether published or unpublished, registered or unregistered.

2. Related rights arise from the moment a performance, sound recording, video recording, or broadcast program is presented.” “Waves and satellite signals carrying encoded programs are formed or performed without infringing on copyright.”

Accordingly, authors, copyright owners, and owners of related rights have the right to apply for a Certificate of Copyright Registration or a Certificate of Related Rights Registration under Article 49 of the 2022 Intellectual Property Law.

However, this registration is not a mandatory condition for legal recognition and protection of copyright and related rights.

In the event of a dispute and a party requests the Court to protect their legitimate rights and interests, the Court is still responsible for considering and resolving the case regardless of whether the plaintiff has been granted a registration certificate or has filed an application.

Condition 2: Copyright and related rights are still within the protection period.

Authors, copyright owners, and owners of related rights may only exercise their moral and property rights within the scope and duration of protection prescribed by law.

The protection period for copyright and related rights is determined according to:

  • Articles 27 and 34 of the 2022 Intellectual Property Law;
  • Article 26 of Decree 85/2011/ND-CP

When the protection period has expired (except for the moral rights stipulated in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law), the rights of authors, copyright owners, and owners of related rights are no longer protected by law. Therefore, the Court will only accept and resolve cases when these rights are still within the protection period, except for rights for which the law does not specify a protection period.

The above is an article titled “Conditions for Initiating a Civil Lawsuit Regarding Copyright and Related Rights.” Hopefully, this information will help authors, copyright owners, and related organizations and individuals understand the legal basis and necessary conditions before initiating a lawsuit, thereby effectively protecting their legitimate rights and interests in accordance with the law.

Sincerely,

FAQ

1. Is it mandatory to register copyright before initiating a civil lawsuit regarding copyright and related rights?

It is not mandatory. Copyright arises from the moment the work is created and expressed in a certain physical form. However, the Copyright Registration Certificate is important evidence that facilitates the proof of ownership when filing a lawsuit.

2. What if one of the conditions for initiating a civil lawsuit regarding copyright and related rights is missing?

If the conditions are not fully met, the Court may request amendments or additions to the application or return the lawsuit. Therefore, carefully reviewing the legal requirements before submitting an application is essential to avoid wasting time and effort.

Are works expressed in written form protected by copyright?

Many people believe that only works with elaborate presentations or those printed as books are protected by copyright. However, with the rapid development of the digital environment, more and more works are created and expressed simply in written form, such as articles, textbooks, scripts, website content, and electronic documents. So, are works expressed in written form protected by copyright? Let’s find out with VCD in the article below!

Works expressed in written form

Currently, the law does not have a separate definition of “works expressed in written form.” However, it can be understood that works expressed in written form are those created and expressed through a system of writing, symbols, numbers, codes, etc., that can be read, recognized, and stored in text form.

These works include, but are not limited to:

  • Literary articles, short stories, novels
  • Articles, SEO articles, website content
  • Textbooks, lectures, training materials
  • Film scripts, advertising scripts
  • Research reports, theses
  • Digital content expressed in written form (PDF, Word, HTML…)

The common point of the above works is that they are all expressed through written form and their physical form can be identified, whether on paper or in electronic files.

Are works expressed in written form protected by copyright?

Are works expressed in written form protected by copyright?

According to Clause 1, Article 14 of the 2022 Intellectual Property Law: “Works protected by copyright include literary, artistic, and scientific works expressed in a certain physical form, regardless of the medium, language, form of expression, quality, or quantity.”

This regulation shows that Vietnamese law does not impose any limitations on the form of expression of a work when considering copyright protection. In other words, whether a work is expressed in writing, characters, numbers, symbols, or presented on paper, in a digital environment, or as electronic data is not a basis for excluding its possibility of protection.

Accordingly, for a work to be protected by copyright, the law only requires it to meet the following basic conditions:

  • The work must belong to the field of literature, art, or science: This is the general scope of protection set forth by the Intellectual Property Law for objects entitled to copyright.
  • The work must be expressed in a certain physical form: The term “physical form” here is broadly understood, encompassing printed texts on paper, electronic files, content posted on websites, and digitized archived documents. As long as the work can be recognized, copied, or communicated, it is considered to have a physical form.

Meanwhile, works in written form clearly belong to the category of literary or scientific works and are expressed through printed texts or electronic files.

Therefore, works expressed in written form are fully protected by copyright under Vietnamese law, regardless of whether they are handwritten, typed, posted on the Internet, or stored as digital data.

As soon as a work is created and expressed in a certain physical form, copyright arises automatically; registration is not required. In the event of copyright infringement, the author or copyright owner of a text-based work has full legal grounds to request protection of their legitimate rights and interests in accordance with the Intellectual Property Law.

Scope of protection and author’s rights to text-based works

Copyright protection for text-based works means that the author’s rights associated with that work are recognized and protected by law. Therefore, it is necessary to clarify the scope of protection as well as the rights that the author enjoys to avoid confusion in the process of using and exploiting the work.

Scope of Protection

According to Article 6 of the 2022 Intellectual Property Law: “Copyright arises from the time the work is created and expressed in a certain physical form.”

Thus, when a text-based work meets the conditions for protection, copyright arises automatically, regardless of registration.

Rights of the author of a work in written form

Personal rights of the author of a work in written form:

  • Naming the work
  • Using one’s real name or pseudonym
  • Publishing or allowing others to publish the work
  • Protecting the integrity of the work’s content

Property rights of the author of a work in written form:

  • Copying the work
  • Distributing and communicating it to the public
  • Renting and commercially exploiting it
  • Allowing others to use it for a fee

In case of unauthorized copying or use of the work or written content, the author has the right to:

  • Request the cessation of the infringing act
  • Request an apology and compensation
  • File a lawsuit in a competent court

The above is an article titled “Are Works Expressed in Text Form Protected by Copyright?”. Hopefully, the content of this article will help authors and copyright owners understand the scope of protection for works expressed in text form, thereby proactively protecting their legal rights and interests during the creation, exploitation, and use of their works.

Sincerely,

FAQ

1. Do works expressed in text form need to be registered to be protected by copyright?

No. Copyright arises automatically from the moment the work is created and expressed in a certain physical form, regardless of registration.

2. In what cases are works expressed in text form not protected by copyright?

Some subjects, although expressed in written form, are not protected by copyright, including purely factual news, legal regulations, administrative documents, procedures, operating methods, and purely numerical data and facts, as stipulated in the Intellectual Property Law.

Can schools own the copyright to teachers’ lectures?

During the teaching process, teachers often directly develop lectures based on their professional knowledge, pedagogical experience, and the school’s training requirements. However, when these lectures are used within the educational institution’s operations, especially in the employment relationship between the teacher and the school, the question arises: does the copyright to the lecture belong to the teacher or the school, and can the school be listed on the Copyright Certificate? This article by VCD will help you.

Are lectures subject to copyright protection?

According to the Intellectual Property Law, lectures are one of the types of works protected by copyright if they meet the legally stipulated conditions. Specifically, Clause 1, Article 14 of the 2005 Intellectual Property Law (as amended and supplemented) stipulates that scientific works, textbooks, lectures, and other works expressed in written form, symbols, images, sounds, or other means are subject to copyright protection.

Copyright for lectures only arises when the lecture is expressed in a certain physical form, such as printed lesson plans, electronic lecture slides, audio or video lectures, online lectures, or teaching materials stored on a digital system. Teaching ideas, methods of delivery, or purely knowledge content that has not been expressed in a concrete form are not considered works and are not subject to copyright protection.

Furthermore, copyright protection for lectures does not depend on whether or not they have been registered with the competent state authority. According to Article 6 of the Intellectual Property Law, copyright arises from the moment a work is created and expressed in a tangible form. Copyright registration only serves to establish initial evidence in case of disputes, and is not a condition for protection.

In practice, materials such as lesson plans, PowerPoint slides, student handouts, e-learning lectures, or video lectures created directly by teachers are considered works and are protected by copyright. However, the scope of protection only applies to the specific form of expression of the lecture, not to general knowledge content, widely disseminated data, or training programs based on standard frameworks issued by competent authorities.

Can schools own the copyright to teachers' lectures?

Can schools own the copyright to teachers’ lectures?

Whether a school has the right to hold the copyright to a teacher’s lesson depends on the basis of establishing ownership of the lesson, specifically:

  • If the teacher creates the lesson independently, not as part of an assigned task and without any other agreement, then the teacher is both the author and the copyright owner. In this case, the school does not have the right to be the copyright owner unless there is a legal transfer of rights.
  • If the lesson is created as part of a task assigned by the school, or created within the framework of an employment contract, teaching contract, or a written agreement designating the school as the copyright owner, then the school has the right to be the copyright owner, while the teacher remains recognized as the author.
  • If the teacher transfers the copyright ownership to the school, then after completing the legal transfer procedures, the school also has the right to be the copyright owner on the Copyright Registration Certificate.

Therefore, schools do not automatically have the right to hold the copyright to teachers’ lectures; they can only hold the copyright when there is a clear legal basis as stipulated by intellectual property law.

Legal risks if schools hold copyrights illegally

First, the copyright certificate may be revoked or amended.

According to the Intellectual Property Law, a copyright registration certificate is only valid when the information about the author and owner is recorded correctly as the rightful owner. If a school holds the copyright certificate while not being the legal owner, the competent authority may revoke, cancel, or request amendments to the certificate at the request of the interested party.

Second, liability for damages may arise.

If the unauthorized ownership of a teacher’s work affects their honor, reputation, professional rights, or the right to exploit the work, the school may be liable for damages under civil law and intellectual property law.

Thirdly, there are legal risks in the process of exploiting and using the work.

When the legal ownership status is not legitimate, any activity involving the use, digitization, licensing, transfer, or exploitation of the lesson plan carries the risk of disputes, leading to the suspension of the work’s use and directly affecting the school’s training activities and reputation.

The above is the article “Does a school have the right to own the copyright to a teacher’s lesson plan?” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

FAQ

Question 1: Does a lesson plan created by a teacher automatically belong to the school?

No. According to the Intellectual Property Law, the teacher is the author of the lesson plan if they directly create the content. The school only becomes the copyright owner when the lesson plan is created as part of an assigned task and there is an agreement or legal basis establishing ownership rights for the school.

Question 2: Can the school be named on the Copyright Certificate for a teacher’s lesson plan?

Yes, but only if the school is the copyright owner, for example, when the lesson plan is created under an employment contract, professional assignment, or there is a written transfer of rights from the teacher to the school in accordance with the law.

Does posting excerpts from a work without charging a fee violate copyright?

Posting excerpts of works on websites and social media is quite common nowadays. However, many people still believe that as long as it’s not for profit, it won’t constitute copyright infringement. So, does posting free excerpts of works violate copyright? Let’s find out in the article below!

What is a work excerpt?

Currently, the law does not provide a separate definition of “work excerpt”. However, it can be understood that an excerpt from a work is the use of a portion of the content of a copyrighted work (literature, art, science, etc.) in any form such as copying, publishing, sharing, or displaying.

Common types of excerpts from works include:

  • Excerpts from books, stories, and articles
  • Excerpts from song lyrics and musical pieces
  • Excerpts from films and television programs
  • Excerpts from research papers and textbooks

Whether short or long, and whether or not a fee is charged, the use of the work is an act of copyright usage.

General principles regarding copyright when using works:

According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to the work they have created or own.”

In principle, when an organization or individual uses another person’s work, they must obtain permission from the author/copyright owner and pay royalties, fees, and other material benefits (except in cases where the law provides exceptions).

Therefore, not charging fees for publishing or using a work does not equate to the freedom to use the work, nor does it exclude the risk of copyright infringement unless it falls under the legally defined exceptions.

Does posting excerpts from a work without charging a fee violate copyright?

Does posting excerpts from a work without charging a fee violate copyright?

Not all acts of publishing excerpts of a work without charging fees constitute copyright infringement. The law stipulates certain exceptions that allow the use of a work within a specific scope. Conversely, if it is outside that scope, it will be considered a violation and subject to penalties. Below are specific cases:

Cases where posting excerpts of a work without charge does not constitute a violation:

  • Reasonable quotation for informational, commentary, or research purposes: According to point a, clause 1, Article 25 of the 2022 Intellectual Property Law: “Reasonable quotation of a work for commentary or illustration in one’s own work, provided that the author’s name and source of the work are clearly stated.” Thus, posting excerpts without charge will not violate if only a reasonable portion is quoted, not replacing the original work; the purpose is commentary, analysis, illustration, or research; the author’s name and source of the work are clearly stated; and it does not affect the normal exploitation of the work. Legitimate examples: quoting a short passage from a book for content analysis; quoting a portion of an article for commentary or critique; quoting a scientific research passage for teaching or learning.
  • Using the work for non-commercial educational and teaching purposes: According to point d, clause 1, Article 25 of the Intellectual Property Law: “Using the work in teaching and learning activities not for commercial purposes.” In this case, since no fees are charged, the purpose is not commercial, and the content of the work is not altered or distorted, posting excerpts may not be considered a violation.

Cases where posting excerpts without charging fees still violates copyright:

Posting excerpts of a work “for free” is not always legally safe. Many cases are still considered copyright infringement, such as:

  • Excerpts that are too long, replacing the original work: Posting multiple chapters of a book; posting the “best” or “climax” parts of a film or story; compiling excerpts long enough that viewers don’t need to access the original work.
  • Not including the author’s name and source: By law, clearly stating the author’s name and source is a mandatory condition. Failure to meet this condition violates the author’s moral rights.
  • Posting excerpts to attract traffic and indirect advertising: Websites that don’t charge for reading but include advertisements and sell products or services are considered indirect commercial purposes and still require permission and copyright fees.

Important notes when posting excerpts of works

To minimize legal risks and avoid copyright infringement, individuals and organizations posting excerpts of works should pay special attention to the following:

  • Only quote within the necessary scope, appropriate to the purpose of use, and do not replace or affect the normal exploitation of the original work.
  • Clearly state the author’s name and source of the work, ensuring full respect for the author’s personal rights as stipulated by law.
  • Do not use excerpts for commercial purposes or to promote products or services without the author’s or copyright owner’s consent.
  • Do not edit, cut, or distort the content of the work, or misrepresent the meaning and spirit of the original work.
  • If you have any concerns about the scope of use, you should proactively seek written permission from the copyright owner to ensure legal safety.

The above is the article “Does posting excerpts from a work without charging a fee violate copyright?”. VCD hopes you will better understand the legal regulations on copyright, correctly identify cases where excerpts of a work are permitted, and recognize actions that may be considered violations.

Sincerely,

1. Is it a violation to not credit the author when posting excerpts of a work?

Yes. Not crediting the author and source of the work may be considered an infringement of the author’s personal rights, even if no fee is charged.

2. Is permission required to post excerpts of a work to attract website views?

If the posting of excerpts of a work on a website is for commercial purposes, the user of the work must still obtain permission and pay royalties as required by law.

Does rewriting the ending of a work violate copyright?

Rewriting the ending of a work is a fairly common practice in creative writing, learning, etc. However, many people wonder whether rewriting the ending violates copyright, especially when the original work is still protected. To answer accurately, this act needs to be considered in relation to the right to create derivative works, the scope of legal use, and the limitations permitted by intellectual property law.

How is copyright in a work understood?

According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.” Copyright arises automatically from the moment the work is created and expressed in a certain physical form, regardless of registration.

A literary, cinematic, or theatrical work is protected in its entirety, including:

  • Plot
  • Characters
  • Development
  • Ending
  • Creative form of expression

Therefore, the ending of a work is protected by copyright like other creative elements, and any act of exploiting, modifying, or using this ending must be carefully considered from a copyright perspective as stipulated by law.

What constitutes a legal act of rewriting the ending of a work?

Rewriting the ending of an existing work is usually classified as one of the following acts:

  • Creating a derivative work
  • Adapting or modifying the work
  • Transforming or creating based on the original work

According to Clause 8, Article 4 of the 2022 Intellectual Property Law: “A derivative work is a work created on the basis of one or more existing works.”

Examples:

  • Rewriting a different ending for a famous novel
  • Changing the fate of a character

Thus, all these cases show signs of being derivative works.

Does rewriting the ending of a work violate copyright?

Does rewriting the ending of a work violate copyright?

Rewriting the ending may be legal in some cases, but it also carries the risk of copyright infringement if it does not meet the conditions under Intellectual Property Law. The content below will clarify the cases considered infringing and not considered infringing to help you avoid legal risks.

Rewriting the ending of a work constitutes copyright infringement

Rewriting the ending risks copyright infringement if it falls into one of the following cases:

  • Without the author’s/copyright owner’s permission: According to Article 20 of the 2022 Intellectual Property Law, copyright owners have the right to “create derivative works.” Therefore, rewriting the ending, if considered a derivative work, requires the permission of the copyright owner, except in exceptional cases as stipulated by law.
  • The content remains closely based on the original plot, characters, and world. If the characters remain unchanged; the setting and plot are the same; only the ending is altered… it will be considered an infringement of the right to create a derivative work.
  • Publicly published or commercially exploited: If you use it to post on websites, social media; publish books, stories, films; or monetize the rewritten content. In this case, the copyright owner has the right to request removal, compensation for damages, or administrative penalties.

Rewriting the ending of a work is not considered a copyright infringement

Not all acts of rewriting the ending violate the law. Some cases may be acceptable:

  • The work’s copyright protection period has expired: According to Article 27 of the Intellectual Property Law, the copyright protection period for literary works is for the author’s lifetime and 50 years after the author’s death. If the work is already in the public domain, you have the right to freely exploit it, including rewriting the ending.
  • Writing for personal research, study, or analysis: According to Article 25 of the 2022 Intellectual Property Law, some acts of using a work do not require permission or payment, including: “Reasonably quoting a work without distorting the author’s meaning for commentary or illustration in one’s own work.” However, it must not be published as a standalone work and must not affect the normal exploitation of the original work.
  • New creative content, independent of the original work: If you only take general inspiration, without using specific characters, plot, or details, this can be considered a standalone work and does not infringe on copyright.

The above is the information that VCD wants to share with you: Does rewriting the ending of a work infringe on copyright?”. To avoid legal risks, individuals and organizations should understand the regulations regarding derivative works, respect copyright, and obtain permission when exploiting works in cases where required by law.

Sincerely,

Câu hỏi thường gặp

1. Is rewriting the ending for personal study or research a violation of copyright?

If it is solely for educational or research purposes, not for commercial purposes and not for public publication, this act is generally not considered a copyright infringement under the fair use limits.

2. Does publicly posting a rewritten ending on social media carry legal risks?

Yes. Publicly publishing a rewritten ending without the consent of the original author or copyright owner may be considered a copyright infringement, especially if the content still relies heavily on the original work.

Which court has jurisdiction to resolve copyright disputes?

When copyright is infringed, filing a lawsuit is an important legal solution to protect the legitimate rights and interests of the author and owner of the work. However, for the case to be properly accepted and resolved, a prerequisite is to correctly identify which court has jurisdiction to resolve the copyright dispute. This article from VCD will help you answer this question in detail!

What is a copyright dispute?

Current law does not have a direct definition of “copyright dispute.” However, based on Clause 1, Article 4 of the 2022 Intellectual Property Law: “Intellectual property rights are the rights of organizations and individuals to intellectual property, including copyright and related rights, industrial property rights, and rights to plant varieties.”

From this, it can be understood that copyright disputes are disputes arising between parties related to:

  • The author’s moral rights;
  • Property rights over the work;
  • The right to use, exploit, transfer, and inherit copyright;
  • Acts of copyright infringement.

Examples: Disputes over unauthorized copying of a work, unauthorized use of a work, disputes over copyright transfer contracts, disputes over who is the true author of a work…

Which court has jurisdiction to resolve copyright disputes?

Forms of copyright dispute resolution

According to the Intellectual Property Law and procedural law, copyright disputes can be resolved by the following methods:

  • Negotiation;
  • Mediation;
  • Administrative handling;
  • Arbitration (if agreed upon);
  • Lawsuit in court.

In this context, the Court is the most comprehensive and thorough authority to resolve disputes, especially complex disputes involving large claims for damages or the determination of copyright ownership.

Which court has jurisdiction to resolve copyright disputes?

The determination of which court has jurisdiction to resolve copyright disputes is primarily based on:

  • The 2015 Civil Procedure Code;
  • The 2022 Intellectual Property Law;
  • Implementing regulations.

According to Article 26 of the 2015 Civil Procedure Code: “Disputes concerning intellectual property rights and technology transfer between individuals and organizations, all with the purpose of profit” fall under the jurisdiction of the Court.

Thus, copyright disputes are a type of civil dispute falling under the jurisdiction of the People’s Court.

Jurisdiction of provincial people’s courts in copyright disputes

According to Clause 1, Article 37 of the 2015 Civil Procedure Code, provincial People’s Courts have first-instance jurisdiction over: “Civil disputes with foreign elements; disputes falling under the jurisdiction of district courts but of a complex nature or at the request of the parties.”

Regarding copyright disputes, provincial People’s Courts usually have jurisdiction in the following cases:

  • Involves foreign elements (authors or owners are foreigners; works are exploited abroad, etc.);
  • Complex disputes with high value;
  • Requests for the application of interim injunctive measures;
  • According to specific provisions of intellectual property law.

Jurisdiction of district people’s courts in copyright disputes

According to Clause 1, Article 35 of the 2015 Civil Procedure Code, District People’s Courts have jurisdiction to resolve civil disputes in first instance proceedings, except for disputes falling under the jurisdiction of Provincial People’s Courts.

In practice, district people’s courts can resolve copyright disputes that:

  • Are simple in nature;
  • Both parties are domestic individuals or organizations;
  • Do not involve foreign elements;
  • Do not fall under cases that the law stipulates must be resolved by Provincial People’s Courts.

Some notes when filing a copyright dispute lawsuit in court

Filing a copyright dispute lawsuit in court is a legal process that requires the plaintiff to prepare thoroughly in terms of documents, evidence, and a strategy to protect their rights. To ensure the case is accepted and resolved smoothly by the court, the plaintiff needs to pay special attention to the following important issues:

  • Prepare evidence proving copyright ownership (original works, copyright registration certificates, contracts, creative documents, etc.);
  • Correctly identify the defendant and the competent court;
  • Clearly define the claim (establishing rights, compensation, cessation of infringement, etc.);
  • The statute of limitations for filing a lawsuit as stipulated by civil law;
  • The possibility of requesting the application of interim injunctions to prevent further infringement.

The above are the basic contents clarifying “Which court has jurisdiction to resolve copyright disputes?” according to current law. Identifying the correct competent authority from the outset not only facilitates the litigation process and ensures proper procedures, but also contributes to effectively protecting the legitimate rights and interests of authors and copyright owners during dispute resolution in court.

Sincerely,

1. Is copyright registration required before filing a lawsuit?

Copyright registration is not a mandatory condition for filing a lawsuit. However, a copyright registration certificate is important evidence that facilitates proving rights in court.

2. What measures can the court take when resolving copyright disputes?

The court can order the cessation of infringing acts, require compensation for damages, an apology, a public correction, and apply interim injunctions to prevent further infringement.