Author: Editor VCD

In the era of strong digital technology development, people’s need to access information is increasing. The explosion of the Internet and social media platforms has opened up many opportunities for digital content creation. However, this also poses a big challenge for creators in protecting the copyright of their works. The following article from VCD will help you.

1.      What is content creation? Who is a content creator?

Article 2 of Circular 02/2025/TT-BGDDT (effective from March 11, 2025) stipulates as follows:

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12. Digital etiquette is a set of rules, standards and appropriate behaviors in the digital environment, including communication via the Internet, using social networks, email, applications and online platforms.

13. Digital content is content that exists in the form of digital data encoded in a readable digital format and can be created, viewed, distributed, modified and stored using computers and digital technology.

14. Digital communication means are platforms, tools and content created, stored, distributed and accessed through digital technology, including the Internet, social networks, mobile applications, electronic devices.

Accordingly, digital content creation is understood as the production of content on digital platforms. Content can include many different formats such as articles, videos, images, sounds, etc.

Digital content creators are generally called digital creators or content creators, who are individuals who utilize their thinking and creativity to produce content on social media to attract viewers. They can be anyone from young creative enthusiasts to those who have experience in the media field. They can work independently or in groups to monetize their content through advertising, sales cooperation, etc. They can work for many different purposes, including entertainment, education, marketing or communication.

2.      What do content creators need to do to protect the copyright of their work?

In recent years, the profession of digital content creation has grown strongly, especially in developed countries. This is due to the explosion of the internet and social media platforms, which have created opportunities for people to share their content with a large audience.

Vietnamese law does not have the concept of copyright, in legal language, copyright is authorship. Pursuant to Clause 2, Article 4 of the Law on Intellectual Property: “Copyright is the right of an organization or individual to a work that they create or own”. Copyright issues are regulated in the current Law on Intellectual Property, relevant Decrees, Circulars and other legal documents. Pursuant to Article 14 of the current Law on Intellectual Property, works that are protected by copyright are specifically regulated.

To protect intellectual property rights for creative content products, pay attention to the following points:

• First, registering copyright at the Copyright Office is necessary. Submit an application for registration for products such as articles, videos, images and music. This application must include a copy of the work, information about the author and owner, along with relevant documents to prove ownership.

• After completing the registration process, the owner will receive a certificate of copyright. This is an important legal document that helps protect their rights in case of a dispute. This certificate not only confirms ownership but also facilitates the handling of issues related to copyright infringement.

• In addition to registration, technological measures should be applied to protect content. The use of watermarks, encryption, and copyright tracking tools will help prevent unauthorized copying and use. These technologies not only protect the product but also enhance the value and reputation of the work.

• Finally, the owner needs to monitor and handle violations regularly. Monitoring to promptly detect violations such as unauthorized copying or distribution is very important. When detecting violations, the owner should take appropriate measures, such as sending warnings, requesting the removal of infringing content, or even filing a lawsuit if necessary. Following these steps will help protect your intellectual property and rights effectively.

Above is the article “What should content creators do to protect the copyright of their works?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

In today’s digital age, video editing has become an indispensable part of content production on media platforms. However, besides the creativity and convenience it brings, copyright issues have also become a major concern. Video editing is not simply editing images and sounds; it is also closely related to copyright and intellectual property protection. So does video editing violate copyright? Follow the article “Is video editing a copyright infringement”of VCD below.

1. What is video editing?

Simply put, video editing is the process of editing videos by removing unnecessary parts and combining video clips together to create a more complete product. The editor will select and cut out redundant moments, errors, or unrelated parts. Then, the cut video clips will be re-spliced, creating a coherent timeline. Besides being able to edit audio, including adjusting the sound, adding background music or sound effects. In addition, you can also add visual effects, text, or transitions to make the video more attractive.

2. Does video editing violate copyright?

Copyright is the author’s right to the works he or she creates, and this right is usually established at the time the author creates the product. Other individuals are not allowed to infringe on the right to manage, use and exploit the value of the work without the author’s consent.

Individuals or organizations that hold copyright have the right to use and exploit the benefits related to their products. The law protects these basic rights, ensuring that copyright holders are recognized and protected.

Copyright infringement is understood as the unauthorized use of another person’s copyrighted work that is protected by copyright law, such as copying, distributing, displaying, or performing the protected work, etc. In which, the copyright owner is usually the creator of the work or the producer or business to whom the copyright is assigned.

There are many examples of video editing that can violate copyright. A common case is the use of scenes from a famous movie without the permission of the producer or copyright owner. Even reaction videos, in which users edit the original video and add their own reactions, can be considered infringement if not approved. In addition, creating a music mashup by combining multiple songs from different artists without permission is also an act of infringement. Clips from TV shows or documentaries cannot be edited without the consent of the broadcasting unit. Creating a video compilation from multiple sources without clearly stating the origin or without permission also poses a risk of copyright infringement.

Article 28 of the Vietnamese Intellectual Property Law specifically stipulates 16 acts that are considered copyright infringement. Organizations and individuals who commit one of the above acts may be subject to civil, administrative or criminal penalties depending on the level and nature of the act.

Pursuant to Clause 4, Article 19 of the Intellectual Property Law, the owner has the right to protect the work he or she creates, including the right to: Protect the integrity of the work, not allowing others to edit, cut or distort the work in any form that harms the honor and reputation of the author.

Thus, comparing the provisions of the law, the act of cutting and editing other people’s video clips must have the consent of the author or copyright owner. Without the consent of others to use or copy their work, any act of cutting, editing, or using images or sounds in their Clips is an act of intellectual property infringement. Therefore, to limit and prevent copyright infringement, authors and owners have the right to request those who cut or edit images to immediately stop infringing their intellectual property rights – copyrights related to posted videos. If the acts of infringers cause material and spiritual damage to them, they can be sued and the Court will force the infringer to compensate them for the damage.

In addition, based on the nature and extent of the act of infringing on the copyright of others, the infringer will be administratively fined from 3 to 5 million VND and at the same time will be subject to remedial measures such as removing edited Clips and publicly correcting them on mass media.

Above is the article “Is video editing a copyright infringement?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

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

1.      What is copyright?

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

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

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

2.      Does copyright protect content?

Characteristics of copyright:

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

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

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

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

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

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

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

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

Sincerely,

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

1.  What is copyright infringement?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Date, month, year of making the request.

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

• Name of the agency receiving the request.

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

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

• Name and address of the witness (if any).

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

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

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

• List of documents and evidence attached to the application.

• Signature of the applicant and seal (if any).

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

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

Sincerely,