Author: Editor VCD

During the copyright registration process, many individuals and organizations encounter errors such as incorrect author names, owner information, publication dates, or descriptions of the work. So, is it possible to modify information after copyright registration? This article from VCD will help you understand the legal regulations, legal basis, and adjustment procedures under the Intellectual Property Law.

Why is copyright registration necessary?

Before learning about modifying information after registration, it’s necessary to understand the meaning of the copyright registration procedure as stipulated by the Intellectual Property Law.

According to Vietnamese law, copyright arises automatically from the moment a work is created and expressed in a certain physical form. This means that the author is still protected by law even before the registration procedure is completed.

However, copyright registration is still encouraged due to its significant legal benefits, such as:

• Creating clear legal evidence of ownership in case of disputes

• Officially recording information about the author, owner, and publication date of the work

• Facilitating commercial exploitation activities such as transfer, licensing, or capital contribution using copyright

• Limiting the risk of copying, misappropriation, or copyright disputes during the use of the work

Thus, the Copyright Registration Certificate is not only an important legal basis but also a foundation for protecting and exploiting the value of the work. If the information on the Certificate is incorrect or no longer relevant, timely amendment and updating is necessary to ensure the rights of the author and owner.

Can information be modified after copyright registration?

The law allows copyright owners to amend, supplement, or renew their Copyright Registration Certificate if the registered information is inaccurate or has changed.

Common cases requiring amendment of information after copyright registration include:

• Incorrect author or owner name

• Incorrect address or contact information

• Incorrect type of work

• Incorrect publication date

• Change of ownership due to transfer, inheritance, or business merger

• Change of organization name or legal status of the owner

This adjustment helps ensure that the legal information remains accurate and reflects the actual situation.

According to the Intellectual Property Law, the Copyright Registration Certificate is a document issued by a competent state agency to record information about the author, owner, and work.

In addition, the implementing guidelines allow for:

• Reissuing the Certificate when it is lost or damaged

• Replacing it when the information changes

• Adjusting the content when there are errors or changes in ownership

Thus, the law does not restrict amendments, as long as the applicant provides valid supporting documents.

Some notes when amending copyright registration information

To ensure a smooth process of amending or replacing the Copyright Registration Certificate, the applicant needs to prepare a complete application and comply with the regulations of the Intellectual Property Law. Missing information or supporting documents may result in the application being requested for additional information or being rejected.

Below are some important points to note:

• Carefully check the information before submitting the request: Accurately review the content to be amended, such as the author’s name, owner, address, type of work, or the content to be changed. Clearly identifying errors or content requiring correction will help avoid multiple revisions, saving time.

• Prepare complete documentation proving the change: Depending on the case, relevant documents such as personal identification, new business registration certificate, name change decision, copyright transfer agreement, inheritance document, or other legal documents proving the validity of the correction should be provided.

• Ensure the transfer of rights has a clear legal basis: In case of a change of ownership, the transfer or assignment of rights must be documented in writing according to regulations. The transfer agreement or written agreement must have the full signatures of all parties and clearly state the scope of the transfer.

• Update promptly when changes occur: When errors or changes to information arise, the correction procedure should be carried out as soon as possible. Delayed updates can cause difficulties in commercial exploitation, copyright transfer, or in the event of copyright disputes.

Preparing complete and accurate documentation from the outset not only shortens processing time but also ensures that the Copyright Registration Certificate remains legally valid, facilitating the protection and exploitation of rights in practice.

The above is an article titled “Can information be modified after copyright registration?”. Hopefully, the information shared has helped you understand the legal regulations, the cases where adjustments are permitted, and the procedures to follow under the Intellectual Property Law.

Sincerely,

FAQ

Fan art is a popular form of creative expression, especially in the illustration, design, and craft business communities. However, when fan art is used for printing and commercial sale, copyright issues become a concern. So, does selling fan art violate copyright? This article will help you understand the legal regulations under the Intellectual Property Law and how to mitigate risks when doing business with fan art.

What is fan art?

Fan art is a work created by fans based on a pre-existing work. Fan art content often relates to:

• Characters from animated films and movies

• Images from comics, novels, and games

• Portraits of celebrities

• Symbols, mascots, or brand identities

Examples: Recreating anime characters in one’s own style, designing movie character posters, or drawing portraits of artists for sale.

Legally, fan art is considered a derivative work, meaning it is a work created based on an original work that is already protected by copyright.

Is fan art protected by copyright?

According to Vietnamese law, derivative works can still be protected if they meet certain conditions.

According to Clause 2, Article 14 of the 2022 Intellectual Property Law: “A derivative work shall only be protected under the provisions of Clause 1 of this Article if it does not infringe upon the copyright of the work used to create the derivative work.”

This means that fanart can be protected by copyright if it contains independent creative elements (drawing style, composition, new ways of expression, etc.). However, this protection does not legalize the unauthorized use of the original work. If fanart uses copyrighted images or characters without permission, the work can still be considered a violation.

In other words, you have rights to your own creation, but you do not have the right to exploit elements belonging to the owner of the original work without their consent.

Is selling fan art a violation of copyright?

Although fanart is a popular and well-received form of creativity, using it for commercial purposes requires special attention to legal issues. So, does creating fanart for sale violate copyright?

According to Article 20 of the 2022 Intellectual Property Law, copyright owners have important property rights, including:

a) Creating derivative works;

b) Performing the work before the public directly or indirectly through sound recordings, video recordings, or any technical means at a location accessible to the public, but where the public cannot freely choose the time and parts of the work;

c) Directly or indirectly reproducing all or part of the work by any means or form, except as provided in point a, clause 3 of this Article;

d) Distributing, importing for distribution to the public through sale or other forms of transfer of ownership of the original or copies of the work in tangible form, except as provided in point b, clause 3 of this Article;

d) Broadcasting or communicating the work to the public by wired, wireless, electronic information networks, or any other technical means, including providing the work to the public in a way that the public can access at a location and time of their choosing;

e) Renting the original or copies of cinematographic works or computer programs, except where the computer program is not the primary subject of the rental.

This means that any activity exploiting the economic value of the original work, including adaptation, redrawing, printing, and commercialization, is under the control of the owner.

When fanart is used for commercial purposes, related activities may be considered commercial exploitation of the derivative work. Specifically, the following cases pose a potential risk of copyright infringement:

• Recreating characters and images from films, comics, games, or works protected by copyright.

• Using fan art to print on products such as posters, t-shirts, keychains, stickers, or other commercial items.

• Selling the product on social media, e-commerce platforms, or directly at fairs and events for profit.

In these cases, if the creator has not obtained permission or authorization from the owner of the original work, the aforementioned commercial exploitation may be considered copyright infringement under the Intellectual Property Law.

The above is an article titled “Is Selling Fan Art a Copyright Infringement?”. To minimize legal risks, you should increase your own creative elements, avoid copying originals, and proactively seek permission or purchase usage rights when necessary.

Sincerely,

FAQ

In current creative activities, many works are created by a single individual with the participation, investment, cooperation, or contribution of various organizations and individuals. This reality raises questions about determining and recognizing the legal status of the entities involved in the work, especially during the registration process under the Intellectual Property Law. So, can a work be registered under multiple owners? This article by VCD will help you.

Overview of Copyright Owners

In the legal relationship concerning copyright, it is necessary to clearly distinguish between the author and the copyright owner. The author is the person who directly creates the work through their intellectual labor, while the copyright owner is the entity holding the property rights to the work, including the right to commercial exploitation, permission to use, and the right to dispose of the economic value of the work.

According to the Intellectual Property Law, copyright arises from the moment a work is created and expressed in a tangible form. At the same time, ownership of the work is established for the entity with the corresponding legal basis. The owner can be the author themselves, or an organization or individual commissioning the creation, receiving a transfer, inheriting, or being transferred the rights by agreement.

Thus, the law does not implicitly equate author with owner. In many cases, property rights may belong to a business, agency, or multiple individuals simultaneously. This is the legal basis for the formation of a co-ownership regime for copyright.

Can a work be registered under multiple owners?

Intellectual property law does not stipulate that each work has only one owner. Therefore, a work can absolutely be owned by multiple organizations or individuals if there is a valid legal basis.

According to the Intellectual Property Law, copyright owners can be the author, or the agency, organization, or individual commissioning the creation, hiring the creator, receiving the transfer, or being transferred the rights by agreement. This shows that ownership rights arise not only from direct creative activity but can also be formed from investment relationships or contracts. Therefore, when multiple parties contribute capital, effort, or jointly agree to exploit a work, property rights may belong to all parties as co-owners.

In practice, co-ownership is often found in commercially valuable works such as films, software, or design products. When registering copyright, these entities can jointly have their names on the Certificate of Copyright to acknowledge their rights. It should be noted that registration only serves to confirm and prove ownership; it does not create new ownership rights.

However, when multiple owners exist, the exploitation of the work requires the agreement of all parties. Activities such as licensing, transfer, or commercial use often require mutual consent; without a clear agreement, disputes are easily likely to arise. Therefore, the parties should establish a specific management mechanism and rights allocation from the outset.

Thus, a work can be registered under multiple owners, but it simultaneously requires coordination and transparent agreement to ensure effective and lawful use of the work.

Notes on registering copyright for co-owners

First, the parties need to clearly identify the basis for the formation of joint ownership. The registration authority usually requires supporting documents such as creative work contracts, work contracts, capital contribution agreements, transfer contracts, or documents confirming co-ownership. A lack of clear legal basis can lead to the refusal of a certificate or subsequent disputes.

Second, a specific agreement on the percentage and scope of rights for each owner is necessary. The law allows parties to freely agree on profit-sharing ratios, licensing rights, transfer rights, and decision-making mechanisms. Without such an agreement, in principle, all commercial exploitation decisions require the consent of all parties, which can reduce flexibility in business operations.

Thirdly, when filing registration documents, it is necessary to ensure complete and consistent information for all co-owners, including legal name, address, documents proving legal status, and signatures. Errors in information may lead to amendments, re-issuance, or affect the evidentiary value of the Certificate.

The above is the article “Can a work be registered under multiple owners?” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

Derivative works are a common form of creation where a new work is formed based on a pre-existing work. However, not all adaptations, modifications, translations, or reinterpretations are legal. So, what is the boundary between legal derivative works and copyright infringement? Let’s explore this in the article below.

What is a derivative 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 through translation, adaptation, modification, transformation, selection, or arrangement.”

Simply put, a derivative work is a new work formed from the foundation of an original work, through a process of recreating it in a different form of expression or with certain changes or additions to its content, structure, language, or method of expression.

Common forms of derivative works include:

• Translating books and stories from foreign languages ​​into Vietnamese

• Adapting novels into films, plays, and comics

• Adapting song lyrics and scripts to suit new contexts

• Selecting and arranging articles into anthologies and collections

A distinctive feature of derivative works is that they still bear the imprint and core elements of the original work. Despite new creative elements, the content, ideas, plot, characters, or structure remain closely related to the original work. Therefore, creating derivative works is always linked to the rights of the author or copyright owner of the original work.

Conditions for a derivative work to be considered legal

The law does not prohibit the creation of derivative works. On the contrary, this is an activity that is recognized and encouraged, as it contributes to enriching creative life. However, since derivative works are always based on the foundation of the original work, this creation must respect the rights of the author or copyright owner.

According to Articles 14 and 20 of the 2022 Intellectual Property Law, the right to create derivative works is a property right belonging to the copyright owner. This means that, in principle, no one can arbitrarily adapt, modify, translate, or create derivative works without permission.

For a derivative work to be considered legal, it must simultaneously meet the following conditions:

Condition 1: Permission from the copyright owner (when the work is still under protection)

This is the most important and decisive condition. While the original work is still under copyright protection, any actions such as translation, film adaptation, content modification, selection, rearrangement, etc., must be with the consent of the copyright owner.

This permission should be documented in writing (contract, agreement on the use of the work) to avoid future disputes. Without permission, even if the derivative work has new creative elements and significant intellectual investment, it will still be considered a copyright infringement under Article 28 of the Intellectual Property Law.

Condition 2: It must not harm the moral rights of the original author.

Even with permission to create a derivative work, the creator must still respect the moral rights of the original author under Article 19 of the 2022 Intellectual Property Law, especially the right to be credited as the author and to protect the integrity of the work.

A derivative work must not: distort the content of the original work; misrepresent the original spirit and message; or alter it in a way that affects the honor and reputation of the original author. In other words, the new creation must not distort the core value of the original work.

Condition 3: Case where the original work’s copyright protection has expired

When the copyright protection period for a work has expired, the work belongs to the public. At this point, anyone can use it to create derivative works without permission and without paying royalties.

However, even in this case, the user must still acknowledge the author’s name and respect the integrity of the work because moral rights are protected indefinitely.

In short, a derivative work is only considered legal when its creation does not infringe on the property rights and moral rights of the original author. This is the crucial legal boundary that distinguishes between legitimate creation and copyright infringement.

When does a derivative work infringe copyright?

In reality, many people believe that simply “renovating,” “editing,” or “creatively adding” is enough to create a completely different work. However, legally, if the new work is still based on the original work but does not comply with the regulations of the Intellectual Property Law, that act is still considered copyright infringement.

According to Article 28 of the Intellectual Property Law, any act of using a work without the permission of the copyright owner is considered infringement. Among these, creating derivative works illegally is a very common form of infringement.

Below are typical cases where a derivative work infringes copyright:

Case 1: Unauthorized adaptation or modification

While the original work is still under protection, any act such as adaptation, translation, modification, or reinterpretation requires the consent of the copyright owner.

Examples:

• Adapting a novel into a film without the owner’s consent

• Rewriting song lyrics and releasing them commercially

Even if the creator invests effort in editing and creating new content, this is essentially still an act of illegally exploiting the original work.

Case 2: Using the core elements and characteristics of the original work

In many cases, while not a verbatim copy, the original work still uses the main plot, characteristic character system, or setting and content that strongly reflect the original work…

When readers and viewers can still easily recognize the “shadow” of the original work, the new work is still considered to be illegally exploiting the original author’s creative material. This is a very common mistake in adaptations and comic book adaptations without permission.

Case 3: Failure to acknowledge the author’s name and source of the work

Even with permission to create a derivative work, the creator must still respect the author’s moral rights according to Article 19 of the Intellectual Property Law.

Failure to acknowledge the author’s name, fail to acknowledge the source of the work, or intentionally mislead others into believing it is entirely their own creation, is still considered a violation of moral rights.

Thus, a derivative work becomes a copyright infringement when its creation infringes upon the property or moral rights of the original author, regardless of the form of “new creation.”

Distinguishing between legitimate and infringing derivative works

Below is a more detailed and clearer comparison table to help readers understand the legal boundaries between legal derivative works and copyright infringement:

The above is an article titled “ Distinguishing between legitimate and infringing derivative works”. Understanding the legal requirements for creating derivative works will help you avoid copyright infringement risks and legally exploit the value of existing works. Before adapting, modifying, or translating, ensure that you fully respect the property and moral rights of the original author.

Sincerely,

FAQ

The development of AI has made editing, rewriting, and restructuring content from existing works easier than ever. Simply inputting the original text into the tool, AI can “transform” it into a new version with different wording, layout, and even added content. This leads many to question: If AI edits an original work, does it still constitute copyright infringement? This article from VCD will help you answer that question.

What constitutes an AI-edited work?

An AI-edited work is new content created based on an existing work, with the assistance of AI tools. This “editing” can take many forms, such as:

• Rewriting the entire content using different wording

• Summarizing and then restating it

• Changing the structure and rearranging the ideas

• Translating into another language and then editing it

• Adapting or modifying the original content

In terms of form, the content after AI processing may differ significantly from the original. However, in essence, if it is still based on the creative material, information, structure, and specific ideas of the original work, then it is not a completely independent work.

Clause 8, Article 4 of the 2022 Intellectual Property Law stipulates: “A derivative work is a work created on the basis of one or more existing works through forms such as translation, adaptation, modification, transformation, selection, annotation, or compilation.”

What AI typically does, such as rewriting, adapting, translating, summarizing, and developing, all coincide with the forms of creating derivative works as defined by law. Therefore, products modified by AI from original works are very easily considered derivative works.

Is it a violation of copyright if a work is modified by AI?

The answer depends on whether the new content is based on the original work, not on whether you used AI for the modifications.

Point a, Clause 1, Article 20 of the 2022 Intellectual Property Law stipulates:

“Property rights include:

a) Creating derivative works;”

This means that any content created based on an existing work, whether rewritten, adapted, or restructured using AI, can be considered a derivative work and requires the permission of the copyright owner. In other words, the law doesn’t care what tools you use to edit, but whether you are exploiting someone else’s creative material.

A very common misconception today is that if AI rewrites 60-70% of the text differently, it can be used safely. However, the law does not assess infringement based on the percentage of word changes. When considering a violation, the competent authority will base its decision on factors such as:

• Does the core content remain the same as the original work?

• Does the development of ideas follow the structure of the original work?

• Is there significant similarity in layout and information system?

• Can readers recognize the connection between the two contents?

If the creative imprint of the original work is still recognizable, then the AI-edited content may still be considered copyright infringement.

Article 28 of the 2022 Intellectual Property Law clearly stipulates that creating derivative works without the permission of the copyright owner constitutes copyright infringement. Therefore, using AI to rewrite books, articles, stories, or documents of others and then posting them on social media or exploiting them for commercial purposes without permission can still be considered a violation under the law.

In what cases does AI editing not violate copyright?

Not all cases of AI editing violate copyright. You can legally use AI if it falls under one of the following cases:

• The original work’s protection period has expired: According to the law, property rights are protected for the author’s lifetime and 50 years after the author’s death. After this period, you can adapt or modify the work without permission (but you must still credit the author and not distort the content).

• Permission from the copyright owner: If you have a contract or written agreement allowing the use, modification, or adaptation, you can legally use AI.

• Only referencing general ideas: Ideas are not protected by copyright. If AI only assists you in developing completely new content, not based on the specific content structure of any work, then it does not violate copyright.

The above is an article titled “ Is it a violation of copyright if a work is modified by AI?“. Hopefully, the above analysis has helped you understand that AI is only a tool to support creativity, not a “shield” to avoid legal responsibility when using other people’s content. If the new content is still based on the creative material of the original work, you still have to obtain permission from the copyright owner according to regulations.

Sincerely,

Many individuals and organizations are confused when preparing for copyright and related rights registration because they are not familiar with the required documents according to the law. Missing documents or providing incorrect information can lead to the application being rejected, prolonging the time it takes to issue the certificate. This article from VCD will help you understand what documents are included in a copyright and related rights registration application.

What are copyright and related rights?

According to Clauses 2 and 3 of Article 4 of the 2022 Intellectual Property Law, copyright and related rights are defined as follows:

Copyright is the legal right of an organization or individual to a work directly created by them or legally owned by them.

Related rights to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to objects arising from the exploitation and transmission of works such as performances, sound recordings, video recordings, broadcast programs, and satellite signals carrying encoded programs.

What documents are included in a copyright and related rights rights application?

To be granted a Certificate of Copyright and Related Rights Registration, individuals and organizations need to prepare a complete application dossier in accordance with the law. Based on Article 50 of the Intellectual Property Law 2022, the application dossier for copyright and related rights registration includes the following documents:

1. Registration application form

This is the most important document. Applicants must provide complete and accurate information regarding: author, owner, title of the work, completion date, publication date (if applicable), etc.

Note: Clearly state your address, phone number, and email address so that the competent authority can contact you when necessary. If the author is also the owner, only one declaration is required.

2. Two copies of the work for which authorship is being registered or two copies of the fixed form of the object for which related rights are being registered.

For works with unique characteristics, copies may be printed, photographed, or recorded on a storage device.

Examples:

• Copyright and related rights registration for a film script: submit two printed copies of the script.

• Copyright and related rights registration for a design logo: submit two color printed copies of the logo on A4 paper.

• Copyright and related rights registration for an electronic lecture: submit two copies stored on a USB or CD.

3. Power of attorney (if applicable)

If the applicant does not personally submit the application but authorizes another individual/organization, a valid power of attorney, notarized or certified, is required.

Example: Author A authorizes Intellectual Property Representative Office B to submit the registration application; a legally valid power of attorney between the two parties is required.

4. Documents proving the right to file the application (if applicable)

This applies when the applicant acquires rights from another person through inheritance, transfer, or agreement.

Example: Musician X transfers all copyrights to entertainment company Y; the transfer agreement must be submitted upon registration.

5. Written consent of co-authors (if applicable)

If the work was created by multiple individuals, a document showing the unanimous agreement of all co-authors regarding the registration is required.

Example: Three artists collaborate on a series of illustrations; when registering, a written consent from all three is required.

6. Written consent from co-owners (if any)

In cases where copyright is jointly owned by multiple individuals/organizations, written consent from all parties is required.

Example: A university and a business collaborate on a training materials program; when registering, a written agreement from both entities is required.

General note: All documents in the application must be in Vietnamese. If documents are in a foreign language, they must be translated into Vietnamese and notarized according to regulations.

Common mistakes when preparing copyright and related rights registration applications

In practice, many copyright and related rights registration applications are returned or require additional information because applicants are not familiar with the regulations regarding the components and format of the documents. Some common errors include:

• Incomplete information in the application form

• Incomplete copies of the work, lacking written consent from co-authors or co-owners

• Power of attorney not notarized/authenticated, or foreign-language documents not translated into Vietnamese as required.

Careful review of the application before submission will help minimize these errors, ensuring a quick and smooth registration process.

The above is an article titled “What documents are included in a copyright and related rights application?”. If you still have difficulties in preparing the application or need assistance with the registration procedure, you should consult a professional to ensure your legal rights regarding the work and related rights are protected.

Sincerely,