Author: Editor VCD

How can I legally gather evidence of copyright infringement?

Written by Editor VCD on 24 March, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on How can I legally gather evidence of copyright infringement?

With creative products increasingly shared widely on the internet and digital platforms, copyright infringement is also quite common. When discovering an infringement, the first important step for the author or copyright owner is to gather evidence. So, how can you legally gather evidence of copyright infringement? Let’s find out in the article below.

What is copyright infringement?

Before learning how to gather evidence of copyright infringement, it’s necessary to understand what constitutes copyright infringement according to the law. Correctly identifying the infringing act is crucial for the author or copyright owner to protect their legal rights and interests.

According to Article 28 of the 2022 Intellectual Property Law, the following acts are considered copyright infringement:

Appropriating copyright in a work

Impersonating the author

Publishing or distributing a work without the author’s or copyright owner’s permission

Copying a work without permission

Using a work without paying royalties or remuneration as prescribed

Intentionally deleting or altering electronic copyright management information

Depending on the nature and extent of the violation, copyright infringements may be handled through various measures such as requiring cessation of the infringing act, compensation for damages, administrative penalties, or even criminal prosecution.

Therefore, upon discovering signs of copyright infringement, the author or copyright owner should quickly identify the infringing act and proceed to collect legal evidence to protect their rights in accordance with the law.

Types of evidence in copyright infringement cases

In resolving disputes related to copyright infringement, evidence is a crucial element that helps competent authorities determine the truth of the case. Providing complete and legitimate evidence will help prove ownership of the work as well as the infringing behavior of the party involved.

According to Article 94 of the 2015 Civil Procedure Code, evidence can include various forms, such as:

Readable, audible, and visible documents

Electronic data

Physical evidence

Witness statements

Expert opinions

Minutes recording the incident

In copyright infringement cases, the most common evidence includes:

Original or copies of the work

Images, videos, or recordings of the infringing act

Contracts for the exploitation of the work

Invoices and documents related to the use of the work

How can I legally gather evidence of copyright infringement?

For evidence to be accepted by the competent authority, its collection must comply with legal regulations. Below are some common and legal ways to gather evidence.

Storing and copying infringing content

If copyright infringement occurs on the internet, you can take screenshots, record screen videos, download infringing content, etc.

These documents should clearly show:

The website or platform where the content was posted

The time the infringement was discovered

The specific content of the infringement

However, to increase their legal value, these documents should be verified or certified by a competent authority.

Creating a notarial record

One of the most common ways to gather evidence today is to create a notarial record through a bailiff. A bailiff’s report is a document prepared by a bailiff to record events and actions that actually occurred, for example:

A website posting infringing content

A store selling illegally copied products

An individual using a work without permission

A bailiff’s report has evidentiary value in legal proceedings as prescribed by law.

Request for copyright expertise

In some cases, to prove copying or copyright infringement, expert assessment is required.

According to Article 201 of the Intellectual Property Law, the rights holder may request the competent authority to commission an intellectual property expert assessment to determine:

Whether or not copyright infringement has occurred

The extent of copying or unauthorized use of the work

The expert’s conclusion is one of the important pieces of evidence in the dispute resolution process.

Collecting contracts, invoices, and related documents

In addition to proving the infringement, the author or copyright owner also needs to collect documents proving their rights to the work.

These documents may include:

Transfer or licensing agreement

Invoices and receipts related to the exploitation of the work

Manuscript or original copy of the work

These documents help establish legal ownership of the work.

Notes on collecting evidence of copyright infringement

In reality, not all collected documents have legal value. If the evidence collection is not done properly, it may not be accepted by the competent authority when resolving disputes. Therefore, to ensure that evidence is legally valid and usable in the process of handling violations, the following points should be noted:

Collect evidence as early as possible: In the internet environment, infringing content can be deleted or modified at any time. Therefore, evidence should be recorded immediately upon detection of the violation.

Avoid infringing on privacy: Evidence collection must comply with the law and must not involve unauthorized access to other people’s data systems, personal accounts, or devices.

Carefully preserve evidence: Evidence needs to be stored completely, avoiding modification or alteration of the original content.

Seek assistance from legal experts: In complex cases, consulting with lawyers or intellectual property experts will help ensure that the evidence collection process complies with legal regulations.

The above is an article titled “How to legally collect evidence of copyright infringement?”. Preparing complete, legal, and timely evidence will help authors or copyright owners protect their legitimate rights and interests, and create an important basis for requesting competent authorities to handle infringement.

Sincerely,

FAQ

1. Is copyright registration mandatory for copyright protection?

No. According to Vietnamese law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of registration. However, copyright registration will help create favorable legal evidence in case of disputes.

2. What should be done first when discovering copyright infringement?

When discovering copyright infringement, the author or copyright owner should quickly gather evidence, record the infringing content, and store relevant documents. Afterward, you can submit a request to cease the violation or seek assistance from authorities or lawyers to handle the matter in accordance with the law.

How can I tell if a work is still under protection?

Written by Editor VCD on 24 March, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on How can I tell if a work is still under protection?

The duration of copyright protection is a crucial factor determining whether a work remains legally protected or has become public property. Once the protection period ends, the work becomes public domain; any individual or organization can exploit it without needing permission from the author or copyright owner. So how do you know if a work still has copyright protection? Let’s find out in the article below!

What is copyright protection period?

Copyright protection period is the period during which the law protects the legal rights and interests of the author or copyright owner of a work. During this time, the use or exploitation of the work usually requires the permission of the copyright owner, except in certain exceptional cases as stipulated by law.

According to Article 27 of the 2022 Intellectual Property Law, the duration of copyright protection varies depending on the type of right and the type of work.

Vietnamese law divides copyright into two main groups: moral rights and property rights. Each group has a different protection period.

Duration of protection for moral rights

According to Clause 1, Article 27 of the Intellectual Property Law, the following moral rights are protected indefinitely:

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 means that rights associated with the author’s honor and reputation will be protected indefinitely, even after the property rights to the work have expired.

However, the right to publish the work has a protection period similar to that of property rights.

Property rights protection period

According to Article 27 of the Intellectual Property Law, property rights to a work are protected for a specific period.

Specifically:

For cinematographic works, photographic works, applied art works, and anonymous works: The protection period is 75 years from the date of first publication. If the work has not been published within 25 years of its creation, the protection period will be 100 years from the date of creation.

For other types of works: The protection period is calculated based on the author’s lifetime and 50 years after the author’s death. According to the law: The protection period ends at 24:00 on December 31st of the year the protection period expires.

For works with co-authors: If a work has multiple co-authors, the protection period will be calculated 50 years after the death of the last surviving co-author.

How to determine if a work is still protected by copyright?

To determine if a work is still protected by copyright or has fallen into the public domain, several factors need to be considered, such as the type of work, the date of publication, the date of creation, and the date of the author’s death. Accurately identifying this information will help individuals and organizations avoid legal risks when exploiting or using the work.

Below are some basic steps to determine if a work is still protected by copyright.

Determine the type of work

First, determine the type of work: literary/musical/cinematic/artistic/software…

Correctly identifying the type of work is crucial because each category may have a different method of calculating the protection period. For example, the protection period for literary works is usually calculated for the author’s lifetime and 50 years after the author’s death, while some other types of works, such as films or photographs, are calculated from the date of publication.

Therefore, before calculating the protection period, it is necessary to accurately classify the work to apply the correct legal regulations.

Determining the date of publication or the date of creation of the work

For some types of works, such as films, photographs, or applied art works, the protection period is usually calculated from the date of first publication.

In cases where the work has not been published for a certain period since its creation or creation, the law may stipulate that the protection period is calculated from the date the work is created.

Example: A film was first released in 2020. The protection period for intellectual property rights may extend for many years from this release date.

Therefore, accurately determining the release date of the work is crucial for calculating the protection period.

This information can be found in:

Publication information of the work

Archived data of the publisher or distributor

Determining the date of the author’s death

For most works such as books, music, or scripts, the protection period is calculated based on the author’s lifetime and 50 years after the author’s death.

Example:

An author died in 2000

The protection period will last until December 31, 2050

After this date, the work will no longer be subject to intellectual property protection and will become a public domain work. However, even after the copyright protection period has expired, the author’s moral rights, such as the right to be credited as the author or the right to protect the integrity of the work, must still be respected.

In the case of a work with multiple co-authors, the protection period will be calculated 50 years after the death of the last co-author.

Checking copyright registration information

If the work has been copyrighted, you can look up the information at the Copyright Office or other official sources to find out:

Author’s name

Publication date

Registration date

This information will help determine the protection period more accurately and clearly. In many cases, copyright registration records also contain information related to the owner of the copyright, helping to identify who has the right to exploit the work during the protection period.

Consult a legal expert

In some cases, determining the protection period can be difficult, especially when:

The publication date of the work is unclear

The exact year of the author’s death is unknown

The work has multiple co-authors

The rights to exploit the work have been transferred

In such cases, individuals or organizations can consult a lawyer or intellectual property expert for assistance in accurately determining the protection status of the work.

The above article is: ” How can I tell if a work is still under protection?”. It can be seen that determining the protection period of copyright is not based on a single factor but requires consideration of many pieces of information such as the type of work, the publication date, the date of creation, and the date of the author’s death. Thoroughly understanding the legal regulations regarding protection periods will help individuals and organizations use the work correctly and avoid copyright infringement.

Sincerely,

FAQ

1. If the copyright protection period has expired, is it still necessary to ask the author’s permission to use the work?

When the copyright protection period of a work has expired, the work becomes public domain, so individuals or organizations can use it without asking for permission or paying royalties. However, the author’s personal rights must still be respected, such as clearly stating the author’s name and not distorting the content of the work.

2. If a work has multiple co-authors, how is the protection period calculated?

In the case of a work with multiple co-authors, the copyright protection period will be calculated for 50 years after the death of the last co-author. This is to ensure the rights of all those involved in creating the work.

Do copyright owners have the right to modify an author’s work?

Written by Editor VCD on 19 March, 2026. Posted in Announcement, Copyright exploitation cooperation services, Copyright Registration. No Comments on Do copyright owners have the right to modify an author’s work?

In many cases, after a work is created, it is not only directly exploited by the author but also transferred to other organizations or individuals for commercial use and exploitation. In such cases, the author and the copyright holder may be two different entities, leading to many questions about the scope of each party’s rights. One of the frequently asked questions is whether the copyright holder has the right to modify or change the content of the work created by the author. This article by VCD will help you.

Distinguishing between author and copyright holder

According to the Vietnamese Intellectual Property Law, an author is the person who directly creates a work through their intellectual labor. The author must always be an individual, because the creative activity of a work is linked to human creative capacity.

Meanwhile, the copyright owner is the entity that holds the rights to a work and has the right to exploit and use the work according to the law. The copyright owner can be:

The author himself/herself;

An organization or individual who commissioned the author to create the work;

An organization or individual who signed a contract with the author to create the work;

An organization or individual to whom the copyright has been transferred or assigned.

Thus, in many cases, the author and the copyright owner are not the same person. For example, a design employee creates a work as part of an assigned task at a company; the employee is the author, while the company may be the copyright owner of that work according to an agreement or legal regulations. Distinguishing between these two entities is important because each entity will have different rights to the work.

Does the copyright owner have the right to modify the author’s work?

According to Vietnamese Intellectual Property Law, copyright includes moral rights and property rights. Moral rights are linked to the author – the person who directly created the work – while property rights may belong to the author or other organizations or individuals who are the copyright owners.

One of the author’s important moral rights is the right to protect the integrity of the work. Accordingly, the author has the right to prevent others from modifying, abridging, or distorting the work in any way if doing so harms their honor and reputation. This right is inherent to the author and, in principle, cannot be transferred to others.

Therefore, the copyright owner does not automatically have the right to modify the content of the work if the modification changes the content, meaning, or distorts the spirit of the work. If the modification affects the author’s honor or reputation, that act may be considered an infringement of the author’s moral rights.

However, in practice, editing or modifying a work is still possible if the author agrees or if this right is clearly stipulated in the creative contract, usage contract, or copyright transfer agreement. In addition, technical edits such as correcting spelling errors, changing the format or layout for publication are usually accepted if they do not alter the content and meaning of the work.

Thus, although copyright owners have the right to exploit the work economically, when making modifications, they must still respect the author’s moral rights, especially the right to protect the integrity of the work.

What legal issues can arise from modifying a work?

During the exploitation and use of a work, modifications or adjustments can give rise to several legal issues if not done according to regulations. First, modifying a work can infringe upon the author’s moral rights. According to Vietnamese Intellectual Property Law, authors have the right to protect the integrity of their works and prevent others from modifying, abridging, or distorting them if doing so harms their honor and reputation.

Furthermore, modifications to a work can lead to disputes over the scope of its use, especially when the contract between the author and the copyright holder does not clearly specify the right to modify or adapt the work.

Additionally, in cases where a work has already been copyrighted, significant modifications to its content may not be protected under the issued copyright certificate. In such cases, to ensure legal protection of the new version of the work, the copyright holder may need to register the copyright for the modified version.

This concludes the article “Do copyright holders have the right to modify an author’s work?” that VCD has provided to you. We hope this article is helpful to you.

Sincerely,

FAQ

Question 1: Does the copyright owner have the right to arbitrarily modify the author’s work?

No. According to Vietnamese Intellectual Property Law, the author has the right to protect the integrity of their work; therefore, others are not allowed to arbitrarily modify or abridge the work if doing so affects the author’s honor and reputation.

Question 2: When can the copyright owner modify a work?

The copyright owner can modify a work with the author’s consent or when the right to modification has been agreed upon in the contract between the parties.

Does late copyright registration affect the author’s rights?

Written by Editor VCD on 19 March, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Does late copyright registration affect the author’s rights?

In the field of copyright, many believe that only through registration procedures is the author’s rights protected by law. However, in reality, many authors only register their work a long time after it was created or when a dispute arises. This raises the question: does late copyright registration affect the author’s legitimate rights and interests? This article by VCD will help you.

When does copyright arise?

According to Article 6 of the Vietnamese Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain physical form, regardless of whether the work has been published, registered, or not.

This regulation reflects the principle of automatic protection for copyright. This means that as soon as an author completes a work and expresses it externally in a concrete form such as a written work, drawing, musical score, sound recording, design, or electronic data file, copyright is recognized and protected by law.

For example, when an author completes a book manuscript, a lecturer finishes a lecture, or a designer completes a design drawing, copyright to the work arises at that very moment. Therefore, copyright registration is not a condition for the formation of copyright, but merely a procedure to record the right at the competent state agency.

Does late copyright registration affect the author’s rights?

In principle, legally, late copyright registration does not negate the author’s rights to the work, because the right is established from the moment the work is created. However, in practice, copyright protection can lead to certain disadvantages. According to Article 49 of the Vietnamese Intellectual Property Law, a copyright registration certificate is evidence proving copyright and related rights to a work. In the event of a dispute, the holder of the certificate is generally considered the rightful owner of the work, unless there is evidence to the contrary.

This is particularly important in practice. If the author registered their copyright early, proving ownership in the event of a dispute is relatively simple, requiring only the presentation of the copyright registration certificate. Conversely, if the author has not registered or registered late when a dispute arises, the author must personally prove the creative process of the work through other documents and evidence such as original manuscripts, archived data files, email exchanges, publication dates, or related documents.

In many cases, collecting and proving this evidence is not simple, especially when the work has been widely disseminated on the internet or used by many other parties. Even if someone else registers the copyright first, the true author may have difficulty proving their rights and may have to go through a lengthy dispute resolution process.

Therefore, registering copyright late does not negate the author’s rights, because copyright arises from the moment the work is created and expressed in a certain physical form.

The importance of copyright registration

Although not a condition for copyright to arise, copyright registration is still important in protecting the author’s legal rights and interests.

Firstly, copyright registration helps establish clear legal evidence of the author and owner of the work. A copyright registration certificate is an important basis for proving rights in case of disputes or when requesting competent authorities to handle copyright infringement.

Secondly, registration helps limit the risk of disputes. Once a work has been registered and information about the author and owner is recorded with the competent state agency, the likelihood of someone else claiming authorship or registering the same work before the author is significantly reduced.

Thirdly, a copyright registration certificate is also valuable in the commercial exploitation of the work. In transactions such as copyright transfer, licensing the use of works, contributing intellectual property as capital, or proving ownership of a company’s creative products, the copyright registration certificate is often used as an important legal basis.

The above is the article “Does late copyright registration affect the rights of authors?” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

FAQ

Question 1: Does copyright arise from the time of registration?

No. According to Article 6 of the Vietnamese Intellectual Property Law, copyright arises from the moment the work is created and expressed in a certain physical form, regardless of whether it has been registered or not.

Question 2: Does late copyright registration result in the loss of the author’s rights?

No. Late registration does not result in the loss of copyright; however, early registration provides clearer legal evidence and makes it easier to protect your rights should a dispute arise.

What are the author’s obligations when transferring copyright?

Written by Editor VCD on 18 March, 2026. Posted in Announcement, Copyright exploitation cooperation services, Copyright Registration, Copyright-related rights. No Comments on What are the author’s obligations when transferring copyright?

Copyright transfer is a common way for authors or copyright owners to obtain economic benefits from their intellectual property. However, when transferring copyright, the transferor not only has the right to receive remuneration but also must comply with many legal obligations as stipulated in Vietnam’s Intellectual Property Law. What are the author’s obligations when transferring copyright? Let’s find out with VCD in the article below!

What is copyright transfer?

According to Article 45 of the Intellectual Property Law: “Copyright transfer is the act of the copyright owner transferring ownership of one, several, or all of the property rights stipulated in Article 20 of this Law to another organization or individual by contract or as prescribed by law.”

Thus, it can be simply understood that copyright transfer is the “selling” of the right to economically exploit a work to another entity. After the transfer is legally completed, the transferee becomes the owner of the intellectual property rights to the work within the agreed scope. This means they have the right to commercially exploit the work, such as copying, distributing, publishing, communicating the work to the public, or allowing others to use the work.

In practice, copyright transfer is quite common in many creative fields such as:

Publishing books, stories, and educational materials

Music, films, and television programs

Graphic design, fine arts, and photography

Architecture, computer software, and digital content

Through the transfer, the author or copyright owner can obtain economic benefits from their work, while also facilitating its wider exploitation in the market.

Non – transferable copyrights of authors

It is important to note that not all copyrights are transferable. According to Vietnam’s Intellectual Property Law, only property rights relating to a work are transferable, while the majority of a author’s moral rights remain with the author and cannot be transferred to others, except for the right to publish the work.

Specifically, 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

Of these, the right to publish the work can be transferred, while the remaining rights remain with the author and are non-transferable. This means that even if property rights have been transferred, the author is still legally protected regarding their identity and the intangible value associated with their work.

What are the author’s obligations when transferring copyright?

When transferring copyright, the author or copyright owner must fulfill certain legal obligations. These obligations are usually stipulated in the copyright transfer contract and are based on the law.

Obligation to transfer rights according to the agreement

The most important obligation of the author when transferring copyright is to transfer ownership of the property rights of the work within the scope agreed upon in the contract. This includes:

Transferring the right to commercially exploit the work

Transferring the right to copy, distribute, and communicate the work

Transferring the right to permit others to use the work

If the contract stipulates the transfer of all property rights, the transferee has the full right to exploit the work within the scope permitted by law. Conversely, if only a part of the rights is transferred, the author may still retain the untransferred rights.

Obligation to provide complete information about the work

When transferring copyright, the author must provide complete and truthful information related to the work, including:

Information about the creative process

The date the work was completed

The status of copyright protection

Previous exploitation contracts (if any)

Providing accurate information helps the transferee properly assess the value and scope of exploitation of the work. If the author intentionally provides false information, it may lead to disputes or claims for damages.

Obligation to ensure legal qwnership of the work

Another important obligation of the author is to ensure that they have legal rights to the transferred work. This means that the author is either the direct creator of the work or the legal owner of the copyright.

Authors are not allowed to transfer their works if:

The work is owned by another organization

The work is co-authored but without the consent of all co-authors

The property rights have already been transferred to another party

If the transfer is illegal, the contract may be declared void according to the law.

Obligation to hand over the original or copies of the work

In many cases, the author needs to hand over the original or copies of the work to the transferee for exploitation.

Examples: Book manuscripts, design files, architectural drawings, audio/video recordings…

This handover must be done within the agreed timeframe and in the correct format as stipulated in the contract.

Obligation not to transfer transferred rights to another party

After transferring copyright, the author may not further transfer those rights to a third party, unless permitted by the transferee.

Example: An author has sold the publishing rights to a publisher. They are then prohibited from reselling those publishing rights to another entity.

If this obligation is violated, the author may be required to: terminate the contract, pay damages, or face other legal liabilities.

Obligation to respect the transferee’s exploitation rights

After transferring the copyright, the author must respect the transferee’s legitimate exploitation rights. This means the author must not:

Hinder the use of the work

Restrict the legitimate exploitation rights

Unauthorized use of the transferred rights

Unauthorized interference can lead to contractual disputes or liability for compensation.

The above is an article titled “What are the author’s obligations when transferring copyright?”. Hopefully, the information shared has helped you better understand the legal obligations of authors when transferring copyright, as well as important considerations to ensure the transfer process complies with the law.

Sincerely,

FAQ

1. After transferring copyright, does the author still retain any rights to the work?

Yes. Even after transferring the property rights of the work, the author is still protected by law regarding moral rights, such as the right to have their name on the work, the right to name the work, and the right to protect the integrity of the work.

2. Is it possible to transfer a portion of copyright?

Yes. The law allows the copyright owner to transfer a portion or all of the property rights of the work to another organization or individual, depending on the agreement in the contract.

What should be done if the copyright certificate is lost?

Written by Editor VCD on 16 March, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on What should be done if the copyright certificate is lost?

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

1. How can I apply for a reissued copyright certificate?

Applicants can submit applications in several ways: directly at the Vietnam Copyright Office, by mail, or through an intellectual property representative organization.

2. Does a reissued copyright registration certificate have legal validity?

Yes. A reissued copyright registration certificate has the same legal validity as the original certificate and can be used to prove ownership of the work and for activities related to the exploitation, transfer, or protection of copyright.

In what cases is a copyright contract invalid?

Written by Editor VCD on 16 March, 2026. Posted in Announcement, Copyright exploitation cooperation services, Copyright Registration. No Comments on In what cases is a copyright contract invalid?

Copyright contracts are crucial legal documents establishing the rights and obligations between parties in the transfer or exploitation of a work. However, if a contract is not signed in accordance with the law, it may be declared invalid, affecting the rights of the parties involved. So, in what cases is a copyright contract invalid? This article from VCD will help you understand.

What is a copyright contract?

A copyright contract is an agreement between parties regarding the transfer or licensing of property rights to a work. Through this contract, the copyright owner may allow other organizations or individuals to exploit and use the work within the agreed-upon scope.

Furthermore, Article 46 of the Intellectual Property Law also stipulates: “Contracts for the transfer of copyright and related rights must be in writing.”

Therefore, when transferring or authorizing the use of copyright, the parties are required to draw up a written contract to ensure legal validity and to serve as a basis for determining the rights and obligations of the parties in the process of exploiting the work.

In what cases are copyright contracts invalid?

During the exploitation and use of a work, signing contracts related to copyright is a common activity to establish rights and obligations between the parties. However, not all signed contracts are legally valid. In certain cases, a copyright contract may be declared invalid if it does not fully meet the conditions for the validity of a civil transaction or violates the provisions of copyright law.

According to the Civil Code and the Intellectual Property Law, copyright contracts may be invalid in the following common cases:

Case 1: The person signing the contract is not the copyright owner.

According to the law, only the author, copyright owner, or a legally authorized person has the right to transfer or allow others to use the property rights to a work.

If the contract is signed by someone who is not the copyright owner and also lacks a valid authorization, then the transfer or licensing of the work is invalid. In this case, the contract may be declared void because the parties involved are not legally entitled to enter into the transaction.

Example: An individual unilaterally signs a contract allowing the use of a work even though they are not the author or copyright owner. Upon discovering this, the true owner of the work has the right to request the cancellation of the contract.

Case 2: Contract content violates legal regulations

A copyright contract will have no legal validity if its content violates legal prohibitions or is contrary to social morality.

Examples:

Transfer of rights to a work not owned by the transferor

Agreement to exploit the work for illegal purposes

Use of the work in violation of a third party’s rights

In these cases, the contract may be declared wholly or partially invalid.

Case 3: Contracts transferring moral rights are not permitted to be transferred

According to the Vietnamese Intellectual Property Law, many moral rights of authors, such as the right to name the work, the right to have their name on the work, or the right to protect the integrity of the work, are not permitted to be transferred. If the contract contains provisions for transferring these rights, that part of the content may be declared invalid.

Case 4: Contracts not in written form

According to Article 46 of the Intellectual Property Law: “Contracts for the transfer of copyright and related rights must be in writing.”

This means that when transferring or assigning the right to use copyright, the parties are required to sign a written contract. This document can be a paper contract, an electronic contract, or a legally equivalent document.

If the parties only agree verbally or in a form that does not comply with legal regulations, the contract may not be recognized and risks being declared invalid in case of a dispute.

Case 5: Contract signed due to deception, threat, or coercion

A contract is only legally valid when the participating parties enter voluntarily and transparently. If one party signs a contract due to deception, threat, or coercion, the transaction may be declared invalid under the provisions of the Civil Code.

Example:

One party intentionally provides false information about the ownership of the work or conceals disputes related to the work in order to trick the other party into signing the contract. Upon discovering this fraudulent behavior, the aggrieved party has the right to request the court to declare the contract invalid to protect their rights.

Therefore, a copyright contract is only legally valid when signed by the correct parties, in the correct form, and with content that does not violate legal regulations. Understanding the circumstances under which a contract may be invalid will help individuals and organizations minimize legal risks when signing and exploiting works.

The above is an article titled “In what cases are copyright contracts invalid?“. Hopefully, the information above will help you understand the circumstances under which copyright contracts are invalid according to the law, thereby minimizing risks when signing contracts related to the transfer or use of works.

Sincerely,

FAQ

1. Is a copyright contract required to be in writing?

Yes. According to Article 46 of the Vietnamese Intellectual Property Law, contracts for the transfer of copyright or the transfer of the right to use copyright must be in writing. If only agreed upon orally, the contract may not be legally recognized.

2. Who has the right to sign a copyright transfer contract?

Only the author, copyright owner, or a legally authorized representative has the right to sign a contract for the transfer or permission to use copyright as stipulated in the Vietnamese Intellectual Property Law.

Who manages the copyright when the author dies?

Written by Editor VCD on 13 March, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Who manages the copyright when the author dies?

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

1. Does copyright terminate when an author dies?

No. According to the Intellectual Property Law, property rights to a work continue to be protected and can be transferred to heirs. Therefore, the exploitation and use of the work can still be carried out legally after the author’s death.

2. Can an heir authorize a copyright management organization?

Yes. An heir or copyright owner can authorize copyright management organizations to collect royalties, license the use of the work, and protect their legal rights on their behalf as stipulated in the Intellectual Property Law.

Does digitizing documents without permission violate copyright?

Written by Editor VCD on 11 March, 2026. Posted in Announcement, Copyright Registration, Written works. No Comments on Does digitizing documents without permission violate copyright?

In today’s digital transformation, digitizing documents has become a common practice in academic and professional life. Many individuals, agencies, and organizations often scan, photograph, or convert paper books, textbooks, and documents into electronic files for easier storage, sharing, or use. So, does digitizing documents without permission violate copyright? This article from VCD will help you.

Is digitizing documents considered copying a work?

In reality, many people believe that digitization is simply a change in storage format, not “copying.” However, legally, when a document is scanned or photographed, a new version of that document is created in electronic data format. This electronic version can be stored, sent, or shared just like the paper version. This means that the content of the work has been duplicated.

According to the Intellectual Property Law, copying is understood as creating copies of a work by any means or form, including electronic copies. Furthermore, the right to copy is an exclusive property right of the copyright owner. Only the owner has the right to permit or prohibit others from performing this act.

Therefore, legally speaking, digitization is a form of copying a work, even if it does not alter the original content. Consequently, this activity falls within the scope of copyright law.

Cases where copying does not require permission from the author or copyright owner

Although the right to copy is an exclusive property right of the copyright owner, the law does not protect this right absolutely. The Intellectual Property Law stipulates several exceptions where organizations and individuals are allowed to copy a work without permission and without paying royalties.

Specifically, according to regulations on “copyright limitations,” individuals are allowed to copy parts of a work for their own scientific research or study purposes. This is a common need in practice, for example, photographing or scanning a few pages of reference materials for further reading. Because the use is personal, not for distribution, and does not replace the original on the market, it does not cause significant damage to the economic interests of the copyright holder.

In addition, libraries and archives are also allowed to copy works for preservation, storage, or to serve readers for research. Similarly, reasonable citation of works for teaching, illustration in education, or news reporting is also permitted by law without requiring permission, provided that the source and author’s name are clearly stated.

However, it should be noted that these exceptions only apply within reasonable limits and are not for commercial purposes. If the entire work is copied, reproduced in large quantities, shared publicly on the internet, or used for commercial purposes, then that act exceeds the limits permitted by law and may be considered copyright infringement.

Therefore, it can be understood that the law only permits copying in situations where it is truly necessary, serves the public interest, and does not affect the normal exploitation of the work. When copying reduces the owner’s control or revenue, the exception will no longer apply.

Does digitizing documents without permission violate copyright?

From the above analysis, it can be seen that since digitization is considered a copying act, in principle, digitizing documents without the consent of the copyright owner may be considered copyright infringement.

In practice, many digitization practices pose clear risks of infringement, such as scanning entire books to use instead of the original, storing digital documents for the entire organization to use, or uploading digitized documents to the internet for widespread sharing. These actions can reduce the demand for purchasing or legally using the work, thereby directly impacting the economic interests of the copyright holder. In such cases, the infringer may be required to remove the material, compensate for damages, or face administrative penalties.

However, not all digitization practices constitute infringement. If only a small portion is copied for personal study or research, without distribution or commercial purposes, it may fall under the category of fair use permitted by law. Therefore, determining whether an infringement has occurred depends on the specific circumstances, including the purpose of use, the scope of copying, and the extent to which it affects the copyright holder’s rights.

In other words, while the act of digitization is the same, the legal consequences can differ depending on the method and purpose of use.

The above is the article “Does digitizing documents without permission violate copyright?” that VCD has sent to you. We hope this article is helpful to you.

Sincerely,

FAQ

Question 1: Is it mandatory to obtain permission from the author or copyright owner for digitizing documents?

In principle, yes. Scanning, photographing, or converting paper documents to electronic files is considered copying a work – a property right belonging to the owner. According to the Intellectual Property Law, copying requires the owner’s permission, except in exceptional cases stipulated by law.

Question 2: In what cases is digitizing documents not considered a copyright infringement?

Digitization will not be considered an infringement if only a portion is copied for personal study, research, or for archiving, teaching, or library purposes within the limits permitted by law. Conversely, if the entire document is digitized, widely shared, or used for commercial purposes, it may be considered a copyright infringement.

Is the right to name a work protected indefinitely?

Written by Editor VCD on 11 March, 2026. Posted in Announcement, Copyright Registration, Copyright-related rights. No Comments on Is the right to name a work protected indefinitely?

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

1. After transferring the copyright, does the author still have the right to name the work?

Yes. The right to name is a personal right attached to the author and is protected indefinitely. The transfer of copyright does not negate the author’s right to name.

2. Can others arbitrarily change the title of the work when using it?

No. Changing the title of a work without the author’s or copyright holder’s consent may be considered an infringement of personal rights and may result in a request for termination or compensation as stipulated by law.