Author: Editor VCD

Regulations on naming works when registering copyright?

Written by Editor VCD on 27 May, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the current context, the right to name a work has become an essential aspect, reflecting the creativity and unique personality of each author. Choosing a suitable title is not only an important step in the journey of bringing the work to the public, but also a way for the author to express his message and emotions. However, this right must also comply with legal regulations, in order to protect the rights of the author and ensure the legality of the work. The following article from VCD will help you.

1. Subjects with the right to name the work

According to Clause 1, Article 19 of the Law on Intellectual Property, it is stipulated as follows:

Article 19. Personal rights

Personal rights include:

1. Naming the work.

The author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of property rights as prescribed in Clause 1, Article 20 of this Law;

Therefore, there are two main subjects related to naming the work:

Author of the work: The person who creates the work and has the right to name it.

Organization or individual receiving the transfer of property rights: The person or organization to whom the author transfers property rights, including the right to name the work.

Regulations on naming works when registering copyright?

2. Requirements for naming a work.

Naming a work is understood as the selection and determination of a name for an artistic, literary, or scientific work. The name of a work not only helps to identify and distinguish the work from other works, but also reflects the content, ideas or messages that the author wants to convey.

Naming a work is one of the author’s personal rights, as stipulated in Clause 1, Article 19 of the 2005 Law on Intellectual Property, which was amended and supplemented in 2009, 2019, and 2022. This is very important for the author as well as the transferee of rights. The name of the work helps others identify and remember, while conveying the message and identifying the author’s brand. Although there is no mandatory requirement for naming, the person naming should be careful to avoid content that is contrary to ethics, customs, and superstition.

According to Clause 1, Article 14 of Decree 17/2023/ND-CP: “The right to name a work as prescribed in Clause 1, Article 19 of the Law on Intellectual Property shall not apply to works translated from one language to another. The naming of a work must not violate the provisions of Clause 2, Article 7 of the Law on Intellectual Property and relevant laws.”

Accordingly, the right to name a work as prescribed in Clause 1, Article 19 of the Law on Intellectual Property 2005 shall not apply to works translated from one language to another.

Thus, the author has the right to name his work, but this right shall not apply to works translated from one language to another. This is to protect the integrity of the original work. Therefore, you cannot arbitrarily change the name of your translated work.

According to Clause 3, Article 7 of the current Law on Intellectual Property, intellectual property rights may be limited in the following cases: “To ensure the goals of national defense, security, people’s livelihood and other interests of the State and society, the State has the right to prohibit or restrict intellectual property rights holders from exercising their rights or request them to allow other organizations and individuals to use one or several of their rights under appropriate conditions; the limitation of rights to inventions that are state secrets will be implemented according to Government regulations.” Therefore, in these cases, the author may have his/her right to name his/her work restricted.

According to Clause 1, Article 9 of Decree 131/2013/ND-CP, the penalty for the act of infringing the right to name and title a work is: A fine of VND 2,000,000 to VND 3,000,000 for the act of using a work without stating the real name, pen name of the author, the name of the work, or stating this information incorrectly on copies of the work, audio recordings, video recordings, and broadcast programs.

In addition, the violator must also take remedial measures, including:

Publicly correcting incorrect information on mass media.

Correcting the author’s name, the name of the work on copies, audio recordings, video recordings, and broadcast programs containing incorrect information.

Therefore, the penalty for the act of infringing the right to name a work is from VND 2,000,000 to VND 3,000,000.

With a team of experienced lawyers and legal experts, VCD provides legal services related to copyright. We advise and answer questions related to naming works, and participate in protecting the legal rights and interests of customers in disputes. VCD is committed to supporting customers effectively and professionally in all situations.

Above is the article “Regulations on naming works when registering copyright?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Are posthumous works subject to copyright protection?

Written by Editor VCD on 20 May, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the context of increasingly improved intellectual property laws, posthumous works have emerged as an important issue. Works published for the first time after the author’s death not only have artistic value but also raise many questions about rights and legal protection. Are posthumous works protected by copyright? The following article from VCD will help you.

1. What is a posthumous work?

Clause 1, Article 3 of Decree 17/2023/ND-CP defines posthumous works as follows: “A posthumous work is a work published for the first time after the author’s death”.

A posthumous work is understood as a work of any type, it can be a scientific, artistic, literary work, etc. However, a posthumous work is first published after the author’s death, that is, from the time the work is created and expressed in a certain form until the time before the author’s death, it has not been published yet, after the author’s death, the work is published through another subject. A posthumous work often carries special value and meaning, reflecting the author’s thoughts and style.

Are posthumous works subject to copyright protection?

2. Legal provisions on posthumous works

Posthumous works are protected under the form of copyright, which is the right of individuals or organizations to literary, artistic and scientific works that they have created or own.

Posthumous works are protected through personal rights and property rights under copyright. According to Vietnamese law, posthumous works are works that are first published after the author’s death.

The main elements that the law protects for posthumous works include:

The work must be in the field of literature, art or science.

The work must be created by a specific author.

The work must be first published after the author’s death.

Based on the provisions of Article 17 of Decree 17/2023/ND-CP as follows: The term of copyright protection for posthumous works is implemented according to the provisions of Article 27 of the Law on Intellectual Property.

Accordingly, referring to Article 27 of the 2005 Intellectual Property Law, amended by Clause 8, Article 1 of the 2009 Amended Intellectual Property Law, as follows:

“Duration of copyright protection

1. The personal rights specified in Clauses 1, 2 and 4, Article 19 of this Law are protected indefinitely.

2. The personal rights specified in Clause 3, Article 19 and the property rights specified in Article 20 of this Law have the following protection periods:

a) Cinematographic works, photographic works, applied fine arts works, anonymous works have a protection period of seventy-five years from the date of first publication; for cinematographic works, photographic works, applied fine arts works that have not been published within twenty-five years from the date of fixation, the protection period is one hundred years from the date of fixation; for anonymous works, when information about the author appears, the protection period is calculated according to the provisions of Point b of this Clause;

b) Works not falling under the type specified in Point a of this Clause have a term of protection that is the lifetime of the author and fifty years following the year of the author’s death; in the case of a work with co-authors, the term of protection ends in the fiftieth year following the year of the death of the last co-author;

c) The term of protection specified in Point a and Point b of this Clause ends at 24:00 on December 31 of the year in which the term of copyright protection ends.”

Therefore, according to the above provisions, the term of copyright protection for posthumous works is determined as follows:

Elements protected indefinitely include:

Title of the work;

Real name or pen name of the author;

Integrity of the work;

Cases of limited protection:

For cinematographic, photographic, and applied art works:

The term of protection is 75 years from the first publication.

If the work has not been published after 25 years from its creation, the term of protection is 100 years from the date of its creation.

If the work is anonymous, when there is information about the author, the work is protected throughout the author’s life and an additional 50 years from the author’s death.

For other works:

The term of protection is throughout the author’s life and 50 years following the year of the author’s death;

In the case of a work with co-authors, the term of protection ends in the 50th year after the year of the death of the last co-author.

In conclusion, a posthumous work is an object of copyright protection.

Above is the article “Are posthumous works subject to copyright protection?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

How to register copyright for program format?

Written by Editor VCD on 20 May, 2025. Posted in Announcement, Copyright Registration, Written works.

Currently, TV shows, challenge shows or competitions are being heavily invested in to attract a large audience. However, in addition to developing program format ideas, registering copyright for scripts is also very important to prevent copying. So according to current regulations, what is the process of registering copyright for program format? Please follow the article of VCD below.

1. What is program format copyright?

Program format, also known as program script, is a method of organizing and arranging components, content, and time in a program or event to achieve specific goals.

Copyright registration is the process of recording the work and content you create with the authorities to protect intellectual property rights. When completing the registration, you will receive a certificate from the Copyright Office, thereby proving that you are the legal owner of that work.

To create an attractive program format, creators need to invest a lot of effort in researching, learning and understanding the psychology of the audience. Therefore, the program format becomes an intellectual property that needs to be protected, in order to prevent others from exploiting the author’s intelligence for profit. At the same time, this protection also creates conditions for the author to exploit profits from that program.

This is a document that records in detail all the elements that make up the program, including genre, form, content, time, guests and hosts. In other words, the program format is considered a work expressed in written form. Therefore, it is protected by copyright according to the provisions of Clause 1, Article 14 of the Law on Intellectual Property, which clearly states that “Literary works, scientific works, textbooks, teaching materials and other works expressed in written form or other signatures.”

How to register copyright for program format?

2. Application for copyright registration for program format.

To apply for protection of program format, the following documents must be prepared:

Application for copyright registration, related rights

02 copies of the copyright registration program format or 02 copies of the related registration object format.

Power of attorney (in case the applicant is an authorized representative of the author).

Documents proving the right to submit the application (if the applicant is entitled to inherit, transfer or inherit that right).

Consent documents of co-authors (if the work has multiple authors).

Consent documents of co-owners (if the copyright, related rights are jointly owned)

Copy of the valid ID card or CCCD or passport of the author of the work.

Copy of the business registration documents of the owner of the work (if it is a legal entity).

Notes on registration documents:

Documents in the application must be in Vietnamese; if in a foreign language, they must be translated into Vietnamese and notarized/certified. Documents attached to the application, if they are copies, must be notarized or certified.

The content of the work must not contain personal information of other individuals or organizations. Information that is not owned by the applicant must be omitted or there must be a written consent to use that information.

The procedure for registering copyright for a television program format includes the following steps:

Step 1: Prepare a complete application as required.

Step 2: Submit the prepared application to the Copyright Office or the Office’s representative office.

Step 3: Monitor the application progress and wait for results.

From the date of receiving the application, if the dossier is valid, the Copyright Office is responsible for issuing a Certificate of copyright registration for the program script within 15 to 30 working days.

If the Copyright Office refuses to issue the Certificate, they will notify the applicant in writing.

3. Program format copyright registration service

In fact, registering copyright for a television program script is not as simple as many people think. Applicants often encounter some basic difficulties, such as:

Not being able to determine the type of protection for their work.

Not knowing how to prepare the dossier and prepare the necessary documents to prove the content

Not understanding the application submission process, especially for individuals and organizations with foreign elements.

Having difficulty looking up and handling arising problems.

These problems often stem from a lack of expertise and experience. To solve these difficulties, you can use VCD’s full copyright registration service. With a team of experienced lawyers, VCD will represent you in handling all procedures related to registering copyright for TV program formats.

Above is the article “How to register copyright for Program Format?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Register logo copyright for business household

Written by Editor VCD on 20 May, 2025. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

In the modern economy, brand protection is very important, especially for business households. A logo is not only an identification symbol but also an intellectual property that needs to be protected. However, many business owners still do not fully understand the process of registering a logo copyright. The following article by VCD will provide the necessary information to help business households effectively protect their rights.

1. Overview of Business Households

Currently, there are no regulations defining a business household. However, Clause 1, Article 79 of Decree 01/2021/ND-CP stipulates: “A business household is registered by an individual or household members and is responsible for all of their assets for the business activities of the household”.

In which, the business household owner is one of the following subjects:

Individuals registering a business household;

A person authorized by household members to represent the business household in the event that household members register for a business household.

Pursuant to the provisions of Article 74 of the 2015 Civil Code on legal entities, an organization is recognized as a legal entity when it meets the following conditions:

Established in accordance with the provisions of this Code and other relevant laws;

Having an organizational structure as prescribed in Article 83 of this Code;

Having assets independent of other individuals and legal entities and being responsible for its own assets;

Participating in legal relations independently in its own name.

Therefore, a business household that does not meet the above conditions does not have legal status, does not have its own seal, is not allowed to open branches or representative offices, and is not allowed to exercise the rights that businesses are exercising.

2. How to register a logo copyright for a business household?

Copyright, also known as author’s rights, is the right that an author has to his/her own works. This right automatically arises when the work is created and protects the rights to manage, use, and exploit the value of the work.

Registering copyright for a logo (also known as registering logo copyright/author’s rights for a logo) is when an individual/organization submits a copyright registration application to the Copyright Office, in order to record information and protect the creativity of the logo created or owned by that individual/organization.

So, is a business household an organization that can register copyright? Based on the above analysis, it can be seen that a business household has an organizational structure but is not considered an organization that owns the copyright of the logo according to the provisions of the Law on Intellectual Property because it does not have legal status, does not have its own seal, and is not allowed to exercise the rights that businesses are exercising.

Therefore, the copyright registration dossiers of Business Households do not have their own seals to stamp and seal documents to prove that they are the copyright owner. Therefore, when registering copyright for Business Households, they will register as individuals, which means that the owner of the business household will be the owner of the copyright of the logo. The owner of the business household can then draft a document agreeing to let the Business Household use the copyright of the logo.

Components of the copyright registration dossier for the logo:

Two copies of the work for copyright registration (including electronic copies);

Documents proving that the owner is the owner of the copyright due to self-creation or design hire, inheritance, or transfer of rights;

Authorization document, if the applicant is an authorized person. The authorization document must specify the contact information of the authorizing party and the authorized party; Name of the work; scope of authorization, duration of authorization;

Written consent of co-authors, if the work has co-authors.

Written consent of co-owners, if the copyright is jointly owned;

In case the work uses the personal image of another person, the written consent of that person must be obtained in accordance with the provisions of law.

In addition, it is necessary to note the requirements for applied art works in Article 43 of Decree 17/2023/ND-CP as follows:

A copy of the work must be clearly shown on A4 paper, correctly showing the layout, lines, colors, and shapes of the entire work;

In case the work contains words or phrases that are not in Vietnamese, the pronunciation (transcribed into Vietnamese) must be clearly stated and if the words or phrases have meaning, they must be translated into Vietnamese; containing numbers other than Arabic or Roman numerals must be translated into Arabic numerals;

Works with content related to medicine, education and other specialized and specific fields must have documents, papers confirming, appraising and approving by competent authorities.

Above is the article “ Register logo copyright for business household” that VCD sends to you. We hope this article is useful to you.

Sincerely,

When is a Power of Attorney required for a Copyright Application?

Written by Editor VCD on 16 May, 2025. Posted in Announcement, Copyright Registration, Performance.

Copyright, the foundation for protecting intellectual creations, plays a key role in encouraging innovation and cultural development. However, the copyright registration process can sometimes become complicated, requiring an understanding of legal regulations. In cases where the copyright owner cannot directly carry out the registration procedure, authorizing a third party becomes an effective solution. So, when is this authorization necessary, and what role does the power of attorney play in the registration process? VCD’s article “When is a Power of Attorney required for a Copyright Application?” below will help you.

1. What is a Power of Attorney?

A Power of Attorney is a legal document recording the authorizing person appointing an authorized person to represent the authorizing person to perform one or more tasks within the scope specified in the power of attorney.

Authorization can take many forms: it can be verbal authorization or written authorization, but the most commonly recognized and popular form is written authorization. Authorization documents can be divided into two types: Power of Attorney and Authorization Contract.

Authorization can be a unilateral or bilateral legal act, the power of attorney is the result of a unilateral legal act, and the authorization contract is the result of a bilateral legal act. Although the current 2015 Civil Code only has detailed regulations on authorization contracts, the form of authorization is still widely used and recognized as legally valid in practice.

2. When does a copyright registration application require a power of attorney?

According to Clause 1, Article 50 of the 2005 Law on Intellectual Property (amended and supplemented in 2009 and 2019): Authors and copyright owners may directly or authorize other organizations or individuals to submit applications for copyright and related rights. The application for copyright protection must include the following legal documents specified in Clause 2:

Two copies of the work for copyright registration

Power of attorney, if the applicant is an authorized person

Documents proving the right to submit the application

Consent of co-authors, if the work has co-authors

Consent of co-owners, if the copyright is jointly owned

A copyright authorization is an important legal document, allowing a designated individual or organization to register and protect copyright. When an author is unable or unwilling to register a copyright himself, he or she may use a copyright authorization letter to authorize another individual or organization to handle the registration process for him or her.

The Intellectual Property Law and related guiding documents also allow authors, copyright owners, and related rights owners to directly or authorize other organizations or individuals to submit copyright registration applications. Thus, in the case of submitting applications through other organizations or individuals, the copyright registration application must include a power of attorney established in accordance with the provisions of the Civil Law.

Accordingly, the application for copyright registration or related rights registration through authorization must include a power of attorney. The power of attorney must specify the contact information of the authorizing party and the authorized party; the name of the work, performance, audio recording, video recording, or broadcast program; the scope of authorization; and the duration of authorization.

In case an organization authorizes an organization to submit the application, notarization is not required. In case the authorizing party is an individual, the authorization document must be notarized in accordance with the provisions of law. (Clause 6, Article 39, Decree 17/2023)

In addition, in case the author, copyright owner, or related rights owner is a foreign individual not residing in Vietnam, or a foreign organization without a headquarters, representative office, or branch in Vietnam, the application for copyright registration or related rights registration must be submitted directly through the Level 4 Online Public Service Portal or through authorization to a copyright and related rights consulting and service organization in Vietnam.

Currently, the law does not have regulations on the term of the author’s authorization. Normally, the term of the copyright authorization is agreed upon by the parties. To understand the exact way to make a power of attorney, or the regulations surrounding this issue, you can contact VCD directly so that our team of lawyers and legal experts can support you quickly.

Above is the article “ When is a Power of Attorney required for a Copyright Application?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Register copyright for song collection

Written by Editor VCD on 5 May, 2025. Posted in Announcement, Copyright Registration, Musical work.

In the context of increasingly developing music, many authors have created a series of unique and meaningful songs. However, to protect these works, copyright registration has become an essential requirement. The author wants to collect his songs into a collection and register the copyright for the entire work to save costs. To better understand the above issue, please follow the article of VCD below.

1. What is copyright registration for song collections?

A song, also known as a musical work, is regulated in the current Intellectual Property Law and is defined in detail in Decree 17/2023/ND-CP, specifically “a musical work is a work expressed in the form of musical notes in a sheet of music or other musical symbols regardless of whether it is performed or not.” Musical works are one of the objects protected by copyright.

A song collection is a collection of songs that are selected and arranged based on one or more criteria such as genre, theme, author, singer, or release date. This collection can be published in the form of a book, music disc, digital album, or online playlist.

Currently, the law has not specifically recorded the concept of song copyright registration, but it can be simply understood that song copyright registration is the act of the author or owner of the song submitting an application for song copyright registration to the Copyright Office and being granted a certificate of copyright registration for the musical work. This registration aims to establish legal ownership of the work, contribute to protecting the rights of the author and preventing copyright infringement.

Therefore, registering a song collection copyright is registering the copyright of songs, then gathering all the songs into a collection and registering it as a musical work.

2. Why register copyright for song collections

Copyright for song collections arises automatically from the moment the author or owner completes the creation and shaping of the collection in a certain material form. However, the law still stipulates copyright registration procedures to enhance the effectiveness of copyright protection.

Registering copyright for song collections is an important method to protect the rights and legitimate interests of the author as well as the owner. Specifically, the Copyright Registration Certificate is the most valuable legal document in establishing and proving ownership of the collection, especially when disputes arise related to copyright or ownership of the song collection.

Although the law does not require the author or owner to register copyright for the song collection, in practice, registration is always encouraged. It helps reduce the risk of disputes, facilitates the demonstration of rights and protects works against infringement. At the same time, registering songs into a collection helps save costs for the author and owner.

In addition, in the process of commercially exploiting song collections such as transferring the right to use, publish, perform, or use for advertising purposes, many partners, especially media companies or brands, require a Copyright Certificate before signing the contract.

In addition, on music platforms in Vietnam and internationally, if a musician or collection owner wants to collect royalties or report copyright infringement, most of these platforms require a Copyright Registration Certificate as a necessary condition.

3. Application for copyright registration of a collection of songs

A music copyright registration application is the legal basis for the Copyright Office to conduct an appraisal and issue a Certificate of copyright registration to the author or owner of the musical work. The application includes:

Application for copyright registration of a musical work (according to the prescribed form);

Decision on assigning the task of composition or document confirming ownership of the work;

Certified copy of identity card (ID card/CCCD/Passport), business registration certificate, or decision to establish an organization of the work owner;

Certified copy of the author’s identity card;

Two copies of the musical work printed on A4 paper with full signature and seal (if any) of the author or owner;

A letter of guarantee from the author confirming that the work is his/her own creation and not copied from any individual or organization;

Other relevant documents (depending on each specific case).

After completing all the above components of the application, the author or owner submits the application to the Copyright Office for consideration and issuance of a Certificate of Copyright Registration in accordance with the law.

Above is the article “ Register copyright for song collection” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Register copyright for photographs

Written by Editor VCD on 5 May, 2025. Posted in Announcement, Copyright Registration, Photographic work.

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

1. What is copyright for photographic works?

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

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

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

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

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

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

Registering copyright for photographic works brings the following benefits:

First, when the Copyright Office issues a registration certificate, only the author or owner has the right to use the work in Vietnam. Any act of using the work without the permission of the owner will be considered an infringement of copyright. Therefore, registration helps the author protect his/her legal rights to the photographic work, creating a legal basis in case of disputes or infringement by a third party.

Second, the legal protection period is very long, lasting throughout the author’s life and can be protected even after the author’s death. This is different from industrial property certificates such as trademarks or logos, which are only valid for 10 years and can be extended if the applicant submits a request to the competent authority.

Finally, the author and owner not only have property rights such as distributing and importing the original or copy of the work, but also have personal rights, including naming the work and using the real name or pen name when publishing.

3. Application for copyright registration for photographic works

The application must include the following documents:

Copies of the work: 02 copies printed on A4 paper with the signature or seal of the author and owner.

Documents proving ownership: Such as Business Registration Certificate, Decision on Assignment of Work, or Declaration.

Power of Attorney for VCD to carry out the procedure, if you do not submit the application yourself.

Consent of co-authors: In case the work has multiple co-authors.

Consent of co-owners: If the copyright is jointly owned.

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

In addition, the following points should be noted:

First, according to current legal regulations, copyright for photographic works will be protected for 75 years from the date the work is first published. If the work has not been published within 25 years from the date of its formation, the protection period will be extended to 100 years from the date of its formation.

Second, according to Article 4 of Circular 211/2016/TT-BTC, the fee for photographic and photographic works is VND 100,000. This fee must be paid when you are granted a certificate and submitted to the Copyright Office.

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

Sincerely,

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

Written by Editor VCD on 28 April, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

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

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

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

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

Vietnamese organizations and individuals.

Foreign organizations and individuals whose works are created and expressed in a certain material form in Vietnam.

Foreign organizations and individuals whose works are published for the first time in Vietnam.

Foreign organizations and individuals whose works are protected in Vietnam under international treaties to which the Socialist Republic of Vietnam is a member.

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

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

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

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

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

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

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

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

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

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

Application for copyright registration stating clearly the information of co-authors and the role of each author.

Citizen identification of co-authors
Copy of business registration certificate if the individual is an organization

Copy of the work for copyright registration

Documents proving that you are the copyright owner due to assignment of creative tasks, signing of a creative contract, inheritance, or transfer of rights.

Power of attorney if the person submitting the application for copyright registration is an authorized person.

Commitment of co-authors who directly created the work.

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

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

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

Sincerely,

Notes when registering software copyright

Written by Editor VCD on 28 April, 2025. Posted in Announcement, Computer program and data compilation, Copyright Registration.

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

1. What is software copyright?

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

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

Computer software copyright is divided into two types:

Mass products: developed for the purpose of selling on the market, with a wide range of users. Software versions of mass products are software for PCs.

Products according to orders: developed to serve individual customers according to requirements such as: a specialized software system, business support at the enterprise, etc.

2. Subjects with the right to register software copyright

Individuals who directly create software:

Individuals who have used their thinking ability, programming skills and creativity to develop software. They have the right to register copyright to protect their work, including:

The right to attach the author’s name to the work.

The right to be recognized and respected as creating software.

The right to transfer property rights to another person or organization.

The organization is the owner of the software:

In the case of software created during the course of work or under a contract with the organization, the ownership belongs to the organization including:

Enterprise: if the software is developed by an employee during work time and uses the company’s resources, the enterprise will be the owner.

Research organization: software developed in a research project or technology cooperation is often owned by the organization operating the project.

3. Some notes when registering software copyright

Protection period:

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

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

Scope of protection:

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

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

Software copyright registration dossier:

The basic registration dossier includes the following documents:

Power of attorney (if submitted through a representative).

Identity card or Citizen ID card of the author.

Declaration of software creation.

Consent letter of co-authors (if any).

Business registration certificate (if the owner is an organization).

Printed copy of software code and interface.

Two CDs containing software content.

Decision to assign work/ Confirmation of assignment.

Notes on the components of the registration dossier:

For code: If the above computer program code section has 100 pages or more, print the first 25 pages, the middle 25 pages, and the last 25 pages of the code section. Maximum 75 pages of code.

For software interface: interface images must not contain map images, personal information of others, etc. The software interface is not limited in the number of pages.

For CD: 1 side of the CD has a white paper with the name of the computer program written on it.

In case the employee has been assigned a previous assignment decision and at the present time the CCCD has been newly issued, make a Confirmation of assignment to record the organization that assigned the task to them.

In case the organization assigns tasks to co-authors, the role and tasks of each author must be clearly stated in the author information section of the declaration.

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

Sincerely,

Register copyright for schoolbooks

Written by Editor VCD on 22 April, 2025. Posted in Announcement, Copyright Registration, Written works.

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

1. Concept of copyright and schoolbook copyright?

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

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

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

2. Procedures for registering copyright for schoolbooks

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

Step 1: Prepare a file to register copyright for schoolbooks

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

Step 2: Submit a file to register copyright for schoolbooks

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

Then, submit directly to the Copyright Offices.

Or submit by post to the Copyright Offices.

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

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

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

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

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

Copyright registration fee for schoolbooks:

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

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

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

Copy of the work for copyright registration (02 copies): It is necessary to provide 02 copies printed on A4 paper, with the signature or seal of the author or owner.

Legal documents of the author, including CCCD/CMND.

Authorization letter for VCD to carry out the procedure.

Documents proving the right to submit an application.

Written consent of co-authors, if the work has multiple authors.

A written commitment from the author on the independent creation of the work, not infringing on the copyright of others.

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

A power of attorney for VCD to carry out the procedure.

A copy of the identity card of the author or authors.

A transfer of ownership of the work from the author/authors to the owner (if there is a transfer).

A copy of the business registration certificate or establishment decision (if the registered owner is a legal entity).

A written commitment from the author or authors on the independent creation of the work, not infringing on copyright.

A copyright registration application form of the Copyright Office.

Other information: author’s pen name, address, phone number and fax of the author, owner of the work.

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

Sincerely,