Author: Editor VCD

A copyright registration certificate is an important legal basis for proving ownership of a work. However, during storage and use, many certificates are lost, misplaced, or damaged, making it difficult to prove authorship. So, what should you do if you lose your copyright certificate, and what is the procedure for reapplying for one? This article from VCD will help you understand the legal regulations and the necessary steps.

What is a copyright certificate?

Before learning how to handle a lost copyright certificate, it’s necessary to understand the nature of this document.

According to the Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of registration.

However, copyright registration helps establish clear legal evidence of ownership of the work.

According to Article 49 of the Intellectual Property Law: “Organizations and individuals are granted a Certificate of Copyright Registration upon submitting a valid application to the competent state agency.”

This certificate is of significant importance, including:

• Confirming the legal ownership of the copyright

• Serving as legal evidence in case of disputes

• Facilitating the transfer or licensing of the work

• Increasing the legal value of the work in business activities

Therefore, preserving the copyright registration certificate is essential.

Can a lost copyright registration certificate be reissued?

In the event that the copyright registration certificate is lost, damaged, or misplaced, the owner can request a reissue from the competent authority.

According to Article 55 of the Vietnamese Intellectual Property Law: “In case the Certificate of Copyright Registration or the Certificate of Related Rights Registration is lost, torn, or damaged, the organization or individual that was granted the certificate has the right to request the competent state agency to reissue it.”

Therefore, when a copyright certificate is lost, the owner does not need to re-register from scratch, but only needs to go through the procedure of applying for a replacement certificate.

Reissuing the certificate helps ensure the owner’s rights and allows them to continue using the certificate in transactions related to the work.

The authority for reissuing copyright certificates

According to the regulations of the Vietnam Copyright Office under the Ministry of Culture, Sports and Tourism of Vietnam, this is the state agency authorized to receive and evaluate copyright registration applications and to reissue copyright registration certificates when the original certificate is lost, damaged, or misplaced.

Specifically, this agency is responsible for managing the copyright registration system nationwide. When the owner or author needs a certificate reissued, the application will be received and reviewed at this agency in accordance with the procedures stipulated in the Vietnamese Intellectual Property Law and related guiding documents.

Currently, in addition to the main office in Hanoi, applicants can also complete the procedures at the representative offices of the Copyright Office located in several major cities to facilitate the administrative process for individuals and organizations.

After receiving the application, the competent authority will proceed with the following processing steps:

• Receiving and checking the application for re-issuance of the certificate

• Comparing the copyright registration information stored in the management system

• Reviewing the validity of the application and related documents

• Reissuing the copyright registration certificate if the application fully meets the requirements

Re-issuing the certificate helps restore the legal validity of the copyright certificate, thereby facilitating the owner’s activities in exploitation, transfer, licensing, or protection of rights in case of disputes.

Procedure for re-issuing a copyright registration certificate

When the copyright registration certificate is lost, torn, damaged, or misplaced, the owner or author can completely carry out the procedure to re-issue it to ensure their legal rights. This procedure is carried out at the Vietnam Copyright Office in accordance with the Vietnamese Intellectual Property Law and related guiding documents.

Typically, the process for reapplying for a copyright certificate includes the following basic steps:

Step 1: Preparing the application

Before submitting the application, the applicant needs to prepare all the required documents. The application for re-issuance usually includes:

• Application for re-issuance of the copyright registration certificate

• Copy of the author’s or copyright owner’s identification documents

• Documents proving ownership of the work (if any)

• Written explanation of the reason for requesting re-issuance of the certificate

• Power of attorney (if submitting the application through an organization or individual representative)

Preparing a complete and accurate application from the beginning will help expedite the review process and avoid the need for multiple additions or amendments.

Step 2: Submitting the application

After completing the application, the applicant can choose one of the following submission methods:

• Submit directly to the Vietnam Copyright Office

• Submit by mail to the competent authority

• Submit through an authorized intellectual property representative organization

Submitting the application through a representative organization can help ensure that the application is prepared correctly and minimize errors during the administrative procedure.

Step 3: The competent authority reviews the application

After receiving the application, the competent authority will proceed with the following processing steps:

• Checking the completeness and validity of the application

• Comparing the information with the stored copyright registration data

• Verifying information about the work and the copyright owner

In case the application is incomplete or contains errors, the receiving authority may request the applicant to supplement or correct the information as prescribed.

If the application is valid, the competent authority will reissue the Copyright Registration Certificate.

Step 4: Receiving the reissued copyright registration certificate

After the application processing is complete, the applicant will be issued a new Copyright Registration Certificate.

A reissued certificate has the same legal validity as the original certificate and serves as an important basis for:

• Proving ownership of the work

• Conducting transactions related to copyright

• Protecting legal rights in case of disputes

Applying for a reissued certificate ensures that the legal rights and interests of the author or owner of the work are not interrupted, and facilitates future exploitation, transfer, or licensing of the work.

The above is an article titled “What to do if you lose your copyright certificate?”. Hopefully, the information above will help you understand the process, procedures, and the competent authority for reissuing a copyright registration certificate when the document is lost, misplaced, or damaged.

Sincerely,

FAQ

Copyright is one of the important rights protecting the creative achievements of individuals. However, many people wonder, when an author dies, who will own the copyright and who will manage that right? This is a matter directly related to the exploitation, use, and protection of the work after the author’s death. This article from VCD will help you understand this clearly.

What rights are included in copyright?

Before understanding who manages copyright after an author’s death, it’s necessary to understand what rights are included in copyright and the scope of protection for each type of right. This helps determine precisely which rights can be transferred, inherited, or continue to be protected after the author’s passing.

According to the Intellectual Property Law, copyright is divided into two main groups: moral rights and property rights. Each group of rights has different legal characteristics and protection periods.

Moral rights

Moral rights are rights associated with the honor, reputation, and identity of the author. These rights reflect the spiritual connection between the author and the work they create. According to Article 19 of the Intellectual Property Law, the author’s moral rights include:

• The right to name the work

• The right to use their real name or pseudonym on the work

• The right to publish the work or allow others to publish it

• The right to protect the integrity of the work

In general, moral rights are non-proprietary, attached to the author, and reflect the spiritual value of the creative activity. In most cases, these rights cannot be transferred to others and remain protected by law even after the author’s death, except for the right to publish the work.

Property rights

Besides moral rights, copyright also includes property rights, that is, rights with economic value that allow the owner to exploit and use the work for profit.

According to Article 20 of the Intellectual Property Law, property rights to a work include:

• The right to create derivative works

• The right to perform the work publicly

• The right to reproduce the work

• The right to distribute and import the original or copies of the work

• The right to communicate the work to the public

• The right to rent the original or copies of certain types of works

Unlike moral rights, property rights can be transferred, assigned, or bequeathed. This means that after the author’s death, the property rights to the work can continue to be exploited and generate economic benefits for the heir or copyright owner.

Who manages the copyright when the author dies??

When an author dies, the property rights to the work do not terminate but can be transferred to another person through inheritance. This means that the right to exploit and use the work continues to be protected and can be exercised by legal entities after the author’s death.

This is stipulated in Article 40 of the Intellectual Property Law: “Organizations and individuals who inherit copyright according to the provisions of the law on inheritance have the rights stipulated in Articles 19 and 20 of this Law.”

Therefore, when an author dies, the legal heir becomes the owner of the property rights to the work, with the right to manage, exploit, and permit others to use the work according to the law.

In practice, copyright after the author’s death is usually managed by one of the following entities:

The heir according to the will

If, before death, the author made a legally valid will clearly designating the heir to the property rights to the work, then the person designated in the will will be the one to manage and exploit the copyright.

According to the Civil Code, a will is an expression of an individual’s will to transfer their property to another person after death. In this case, property rights to the work are also considered a type of property that can be inherited.

For example: A writer can make a will bequeathing the right to exploit all of their works to their child. After the author’s death, the child has the right to:

• Sign a publishing contract for the work

• Transfer the right to exploit the work

• Allow other organizations or individuals to use the work

In this case, the heir under the will becomes the owner of the property rights to the work and has the right to manage the exploitation of the work within the scope permitted by law.

Legal heirs

In the case of an author’s death without a will, the inheritance of copyright will be carried out according to the provisions of the law on inheritance.

According to Article 651 of the Civil Code, legal heirs are determined according to different lines of inheritance. The first line of inheritance includes:

• The deceased’s spouse

• Parents

• The deceased’s children

Those belonging to the first line of inheritance will jointly enjoy the property rights to the work unless otherwise agreed. In that case, they can jointly manage the exploitation of the work or agree to appoint a representative to handle transactions related to copyright.

Having multiple owners of copyright to a work often requires the parties to agree on how to exploit, share benefits, and protect copyright, in order to avoid disputes.

Authorized copyright management organization

In addition to individual heirs, in some cases, copyright owners may authorize a collective copyright management organization to manage and exploit the work on their behalf.

According to Article 56 of the Intellectual Property Law, collective copyright organizations can perform activities such as:

• Representing copyright owners in licensing the use of works

• Collecting and distributing royalties, fees, and copyright payments

• Protecting the legal rights and interests of copyright owners

Authorizing these organizations helps to make the exploitation of works more professional, transparent, and efficient, especially for widely used works such as music, books, television programs, or digital content.

The above is the article “When an author dies, who manages the copyright?”. Hopefully, the information shared has helped you better understand the entity that has the right to manage and exploit a work after the author’s death, as well as the regulations related to copyright inheritance.

Sincerely,

FAQ

The title of a work is not only an identifying mark but also reflects the creative imprint, brand value, and reputation of the author or owner. However, many people wonder: Is the right to name a work protected permanently? How is the protection of a work’s title regulated by law? This article from VCD will help you answer that question.

What is the right to name a work?

The right to name a work is the author’s right to choose, decide, and use a suitable name for their created work. The title of a work is not simply a way of identification but also reflects the personal imprint, creative message, and spiritual value that the author wants to convey to the public. In many cases, the title of a work is also linked to the reputation, prestige, and commercial value of the author or owner.

According to Article 19 of the Intellectual Property Law, the author’s moral rights include:

• The right to name the work;

• The right to use their real name or pseudonym on the work;

• The right to publish or allow others to publish the work;

• The right to protect the integrity of the work, preventing others from modifying, abridging, or distorting it in a way that affects the author’s honor and reputation.

Thus, the right to name is a fundamental and particularly important moral right, as it is linked to the author’s identity and creative imprint. The law protects this right to ensure that the author has full control over how their work is recognized by the public, while also preventing unauthorized use or alteration of the work’s name that affects their legitimate rights and interests.

Is the right to name a work protected indefinitely?

According to Clause 1, Article 27 of the Intellectual Property Law, the following moral rights of the author are protected without time limit:

• The right to name the work;

• The right to use one’s real name or pseudonym on the work;

• The right to protect the integrity of the work.

This provision clearly shows that moral rights are linked to the honor, reputation, and spiritual value of the author and therefore need to be protected long-term, regardless of the economic exploitation period of the work.

This means:

• The right to name exists stably and for a long time, without time limit on protection;

• Even after the author’s death, the name of the work must still be respected and cannot be changed arbitrarily;

• Any organization or individual using the work must retain the original name or may only change it with the legal consent of the rights holder;

• Using a work’s title in a way that misleads about its origin, author, or damages the author’s reputation may be considered a violation.

However, it is important to distinguish clearly: only certain moral rights, such as the right to name, the right to be credited, and the right to protect the integrity of the work, are protected indefinitely. Other rights, such as the right to publish or property rights (copying, distribution, commercial exploitation, etc.), are only protected for a specific period as stipulated by law.

What actions are considered infringements of copyright?

In practice, copyright infringement is quite common, especially in the publishing, media, and digital environments. Some typical actions that may be considered violations include:

• Arbitrarily changing the title of a work when republishing, distributing, or reusing it without the author’s or copyright owner’s consent;

• Using another person’s work title for one’s own products, content, or activities to create confusion about the origin or connection to the author;

• Attaching a different name or modifying a name in a way that distorts its original meaning, affecting the author’s spiritual value or reputation;

• Using a similar or nearly identical name to a famous work for commercial gain, to attract users, or to gain an unfair competitive advantage.

According to the Intellectual Property Law, when the right to name a work is infringed, the author or owner has the right to apply legal measures to protect their interests, including:

• Requesting the infringing organization or individual to immediately cease the infringing act;

• Requesting a public apology and correction to restore reputation and honor;

• Requesting compensation for damages if the infringement causes material or moral loss.

The clear legal provisions on sanctions not only aim to protect the rights of authors but also contribute to raising awareness of respect for intellectual property rights in creative activities and the exploitation of works.

The above is an article titled “Is the right to name a work protected indefinitely?”. Hopefully, the information above has helped you understand the legal value of the right to name a work, as well as the scope and duration of protection as stipulated in the Intellectual Property Law.

Sincerely,

FAQ

Copyright registration is a crucial step for individuals and organizations to protect their works from unauthorized copying and use. However, many applications are rejected due to errors in content or procedure. So, what should you do when your copyright registration application is rejected to ensure your rights are protected? This article from VCD will provide detailed guidance.

When is a copyright registration application rejected?

According to Clause 2, Article 52 of the 2022 Intellectual Property Law: “In case of refusal to grant a Certificate of Copyright or Related Rights Registration, the competent authority must notify the applicant in writing and clearly state the reasons.”

This regulation shows that the rejection of an application must be carried out transparently and with legal grounds, specifically:

• The rejection decision must be in official written form.

• Applicants have the right to know the reason for rejection.

• This is an important basis for applicants to amend or supplement their application or file an appeal if they believe the rejection is inappropriate.

In practice, copyright registration applications are often rejected due to several common reasons:

Reason 1: Incomplete or Incorrect Information

This is the most frequent reason, especially for those who prepare their own applications but are not familiar with legal regulations. Applications may be rejected if:

• The registration form is missing or incomplete, contains incorrect information about the author, owner, or type of work;

• Copies of the work are not submitted in the correct number or format as required;

• Documents proving ownership are missing, such as work contracts, rights transfer agreements, author’s commitment letters, or agreements between co-authors are missing.

Minor errors in personal information, creation dates, or inconsistencies between documents can also lead to rejection of the application.

Reason 2: The work is not eligible for protection

According to Article 14 of the Intellectual Property Law, only works that are creative and expressed in a certain physical form are protected by copyright. Therefore, the application will not be accepted if:

• The registered content is only at the level of ideas, concepts, or orientations and has not been expressed as a concrete product;

• The content is purely for factual informational purposes and lacks creative elements;

• The work belongs to categories not eligible for protection, such as legal regulations, procedures, methods of operation, systems, principles, or purely data.

In these cases, even if the application is complete in form, it may still be rejected due to not meeting the conditions for protection of content.

Reason 3: Failure to prove the right to file the application

The competent authority may also reject the application if the applicant cannot prove their legal status regarding the work, such as:

• The applicant is not the author or copyright owner;

• The application is submitted through another organization or individual without a valid authorization;

• Ownership of the work is subject to a dispute between parties.

In these cases, the receiving authority usually requests clarification or rejects the application if there is insufficient legal basis to prove the right to register.

Reason 4: The work shows signs of copying or infringing on the rights of others

If, during the assessment process, the competent authority finds that the work shows signs of copying from another source, lacks originality, or has complaints or disputes related to copyright, the registration application may be rejected to avoid legal risks. This is to ensure that the Certificate of Copyright Registration only applies to works that are genuinely created or legally owned by the applicant.

Therefore, copyright registration applications are often rejected due to procedural issues, protection conditions, or the legal basis of ownership. Understanding these reasons will help applicants proactively prepare complete and accurate applications and minimize risks during the registration process.

What should be done if a copyright registration application is rejected?

When you receive a rejection notice, you shouldn’t worry too much because most cases can be resolved. Here are some effective steps to take.

Step 1: Carefully review the reason for rejection

The copyright application rejection notice will clearly state:

• What documents are missing?

• What content is incorrect?

• Does the work not meet the protection requirements?

• Or is there a dispute?

Understanding the correct reason helps avoid resubmitting the copyright application multiple times, saving time.

Step 2: Amend and supplement the application

If the error lies in the copyright registration application procedure, you can handle it as follows:

• Re-complete the application form

• Add a copy of the work

• Submit additional commitment letters and transfer agreements

• Provide a valid power of attorney

After correcting and completing the necessary documents, you must resubmit the copyright registration application as required.

Note: Currently, the law does not limit the number of times a copyright registration application can be resubmitted, as long as the application is valid.

Step 3: Prepare evidence of ownership

In case of rejection due to doubt about ownership or originality, the following should be added:

• Original manuscript, initial design file

• Time of creation (email, work log, etc.)

• Creative contract (if any)

• Author’s commitment letter

Preparing sufficient evidence will help ensure the copyright registration application is accepted on the next submission.

Step 4: Appeal the rejection decision (if necessary)

If the applicant believes the rejection is unfounded, they have the right to appeal according to the provisions of the law on administrative appeals.

Basis:

• Law on Complaints

• Deadline for initial complaint: 90 days from the date of receipt of notification

Required complaint documents:

• Complaint form

• Copy of rejection notice

• Documents proving legal rights

In practice, the complaint procedure is usually applied when the application is complete but still unreasonably rejected.

The above is an article titled “What to do if your copyright registration application is rejected?”. Hopefully, the information above will help you understand the reasons for rejection and how to handle it appropriately so that you can quickly complete and resubmit it in accordance with the law.

FAQ

In practice, many individuals and organizations still believe that copyright is only protected by law after registration and issuance of a certificate. However, this understanding does not accurately reflect the nature of copyright protection under Vietnamese law. The article “Does copyright registration create rights or is it only evidentiary?” below by VCD will help you understand this better.

When does copyright arise?

According to Clause 1, Article 6 of the current Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of whether it has been published or not, or whether it has been registered or not. This regulation clearly demonstrates the principle of “automatic protection,” meaning that copyright is formed implicitly on the basis of actual creative acts, regardless of any administrative procedures.

Thus, as long as the work is in a tangible form such as text, drawings, data files, sound recordings, video recordings, lectures, computer software, etc., the author automatically has moral and property rights as stipulated by law. The failure to register does not diminish or restrict the existence of copyright.

The Legal Nature of Copyright Registration

Copyright registration is an administrative procedure carried out at a competent state agency (Copyright Office) to record information about the author, owner, and work. When the application is valid, the state agency will issue a Certificate of Copyright Registration.

Clause 3, Article 49 of the Intellectual Property Law stipulates: A copyright registration certificate is evidence proving that copyright and related rights belong to the grantee, except in cases where there is evidence to the contrary. This provision shows that the nature of registration is not a condition for establishing rights, but only aims to confirm, record, and facilitate the proof of rights when disputes arise.

Therefore, from a legal perspective, copyright registration is a form of recognition, not a granting as with industrial property rights (e.g., trademarks, inventions).

Does copyright registration create rights or is it only evidentiary?

According to Clause 1, Article 6 of the Intellectual Property Law, copyright arises from the moment the work is created and expressed in a certain physical form, regardless of the registration procedure. This regulation reflects the principle of automatic protection, whereby the author’s rights are recognized by law as soon as the creative activity takes place, not through a state agency granting or establishing them. Therefore, copyright registration is not a condition for the creation or legalization of rights.

In legal terms, the registration procedure is merely an administrative record and creates legal evidence of the rights holder. Clause 3, Article 49 of the Intellectual Property Law stipulates that a copyright registration certificate is evidence proving ownership, unless there is evidence to the contrary. This means that the holder of the certificate benefits from a legal presumption mechanism regarding ownership rights, reducing the burden of proof in case of disputes.

In practice, this evidentiary value is very important. When defending rights before a court or competent authority, the registered holder only needs to present the certificate instead of having to prove the creative process, the time of creation of the work, or the transfer of rights. At the same time, registration also facilitates commercial exploitation activities such as transfer, licensing, capital contribution, or investment cooperation, because ownership rights are clearly established. Conversely, without registration, even if the right still exists, the subject may face difficulties in gathering evidence and risk disputes.

Therefore, it can be affirmed that copyright registration does not create rights but mainly has evidentiary value and ensures legal security, serving as a necessary preventive measure to effectively protect the legitimate rights and interests of authors and owners.

The role of copyright registration

Although copyright registration is not a condition for creating rights, as rights are automatically established from the moment the work is created, in practice, it remains an important legal mechanism. Through the registration procedure, the state agency issues a Certificate to officially record information about the author, owner, and work, thereby establishing a clear legal basis for protection status.

First, registration has evidentiary value in case of disputes. According to Clause 3, Article 49 of the Intellectual Property Law, the Certificate serves as proof of ownership, unless there is evidence to the contrary. This helps reduce the burden of proof, shortens the resolution time, and improves the efficiency of handling infringement cases.

In addition, registration facilitates commercial exploitation activities such as transfer, licensing, capital contribution, or business cooperation, while also contributing to dispute prevention by clearly defining the subject and scope of rights from the outset. Therefore, although not mandatory, registration is still a necessary measure to protect and enforce copyright safely and effectively.

The above is the article “Does copyright registration create rights or only have evidentiary value?” that VCD has sent to you. We hope this article is useful to you.

Sincerely,

FAQ

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