Author: Editor VCD

Is scanning considered copying someone else’s work?

Written by Editor VCD on 10 December, 2024. Posted in Announcement, Copyright Registration, Written works.

In the context of rapidly developing technology, scanning documents has become a popular way to store and share information. However, this action also raises many legal questions, especially related to intellectual property rights. So, is scanning considered copying someone else’s work? Follow the article of VCD below.

1. What is a scan?

Scan is a common English word understood as scanning or converting data on papers, documents, and images on paper into data, files stored on computers, phones through a scanner, printer with scanning function or through a scanning application on the phone.

A scan converts paper documents into digital format, making it easy to store and access information from computers or other electronic devices. Scans can be stored in many different formats such as PDF, JPEG, TIFF or PNG depending on the purpose of use and user requirements.

However, currently the Law on Electronic Transactions 2023 and related legal documents do not have a specific definition of a scan. In fact, a scan is considered an electronic copy of scanned documents and papers. Scans are often used to digitize documents and papers for storage in computer databases.

2. Is scanning considered an act of copying someone else’s work?

Pursuant to Clauses 3 and 4, Article 3 of Decree 17/2023/ND-CP, “shaping” is understood as the expression of a work through writing, characters, lines, shapes, layouts, colors, sounds, images or the reproduction of sounds and images in a material form, from which it can be recognized, copied or communicated. The original of a work is the version that exists in a material form where the creation of the work was first fixed. A copy of a work is a direct or indirect copy of the whole or part of the work by any means or form.

The 2022 amended Law on Intellectual Property also stipulates that published works, sound recordings, and video recordings are works that have been released with the consent of the copyright owner and related rights owners, for dissemination to the public in any form in reasonable quantities. The act of copying is understood as making a copy of the whole or part of a work or sound recording, video recording by any means or form.

Therefore, a copy of a work can be understood as a direct or indirect copy of the whole or part of a work by any means. Scanning a document is essentially creating a copy of the original work. Therefore, this action is considered a violation of the right to copy another person’s work according to the provisions of the law on intellectual property.

3. Does scanning a work require permission from the author?

The author has personal rights and property rights to his work. The right to copy a work is one of the property rights that the author or copyright owner has the right to exercise or allow others to exercise, according to the provisions of Clause 1, Article 20 of the current Law on Intellectual Property. Specifically, these rights include:

Creating derivative works

Performing works in public

Copying works

Distributing or importing originals or copies of works

Communicating works to the public via wire, wireless, or electronic information networks

Leasing originals or copies of cinematographic works or computer programs

All organizations and individuals exploiting or using part or all of the above rights must ask for permission and pay royalties, remuneration and other material benefits to the copyright owner. The act of copying works without the permission of the author or copyright owner is considered a copyright infringement according to Clause 6, Article 28 of the Law on Intellectual Property. However, there are some cases where it is allowed to copy a work without permission or paying royalties, specifically stipulated in Point a, d, Clause 1, Article 25 of the Law on Intellectual Property, including:

Self-copying a copy for the purpose of scientific research or personal teaching

Copying a work for storage in a library for research purposes

Note that this provision does not apply to architectural works, plastic works and computer programs. When copying a work, it is necessary to respect the author and copyright; information about the origin and author must be clearly stated.

In conclusion scanning documents is also a form of copying a work. Depending on the purpose of copying, organizations or individuals may or may not need to ask for permission and pay royalties to the author.

The above is the article “Is scanning considered an act of copying someone else’s work?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

What documents are required to register a comic book copyright?

Written by Editor VCD on 10 December, 2024. Posted in Announcement, Copyright Registration, Fine art work and applied art work, Musical work.

Registering a comic book copyright is not only an important step in protecting the author’s rights but also helps establish legal ownership of the work. For the registration process to go smoothly, authors and owners need to prepare some necessary papers and documents. The following article from VCD will help you.

1. What is a comic book copyright?

Comics are a type of story familiar to all ages in life, a form of story told in the form of images or a series of continuous images combined with text or other images that convey information to readers.

Comics are a form of conveying the creator’s message to readers in the most vivid way, combined with many different images in succession to represent narrative dialogue, sound effects or other information.

Comics are a type of work protected by intellectual property law. Currently, comic works are classified as written works. In particular, for comic works with little or no dialogue, the author can use a part of the work to print and decorate personal items such as T-shirts, cups, postcards, etc. In this case, these works can be registered for protection as applied art.

Copyright, also known as author’s rights, is a legal term used to describe the rights that authors have to their literary and artistic works.

Comic copyright is the affirmation of copyright to the comic work that they create or are the owner of that work.

2. Conditions for copyright protection of comic works

Organizations and individuals whose comic works are protected by copyright include the person who directly creates the work and the copyright owner according to the provisions from Article 37 to Article 42 of the Law on Intellectual Property.

Authors and copyright owners may be Vietnamese organizations or individuals; or foreign organizations or individuals whose works are first published in Vietnam and have not been published in any other country, or are simultaneously published in Vietnam within 30 days of first publication in another country. In addition, foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties of which Vietnam is a member are also protected.

Comic works belong to the types of copyright protection prescribed in Article 14 of the Law on Intellectual Property. Derivative works are only protected if they do not infringe upon the copyright of the original work. To be protected, comic works must be directly created by the author through his or her own intellectual labor without copying from other works. Works that are not within the scope of copyright protection will not be protected.

3. Comic book copyright registration application

To register copyright, the following documents must be prepared:

Copyright registration application form: The application form must be in Vietnamese and must be signed by the author, copyright owner, or authorized person. At the same time, the application form must include full information about the applicant, author, copyright owner; summary of the work; original work name if it is a derivative work; time, place and form of publication; commitment to responsibility for the information in the application.

Two copies of the work: Provide two copies of the work for copyright registration.

Power of attorney: If the applicant is not the author but an authorized person, a power of attorney is required.

Documents proving the right to submit an application: If the applicant enjoys rights from another person (by inheritance, transfer, succession), documents proving this right are required.

Written consent of co-authors: If the work has multiple co-authors, written consent of all co-authors is required.

Written consent of co-owners: If the copyright is jointly owned, written consent of all co-owners is required.

4. Benefits of comic book copyright registration

Proof of legal rights: Registration helps authors and owners prove their legal rights in the event of a dispute with another party. This creates a basis for competent authorities to apply civil, administrative or criminal measures against copyright infringement.

Exploitation of rights: Registration also helps authors and owners easily exploit personal and property rights recognized by law. This includes the right to use, transfer and license their works.

International protection: Registering copyright protection for comics in Vietnam also helps authors and owners to be protected under international treaties of which Vietnam is a member. This means that their copyright is not only protected in Vietnam but also in other countries.

Above is the article “What documents are required to register copyright of comics?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Measures to ensure enforcement of copyright for computer programs

Written by Editor VCD on 10 December, 2024. Posted in Announcement, Computer program and data compilation, Copyright Registration.

In the digital age, computer programs are not only supporting tools but also creative products of human intelligence. However, copyright protection for these products is facing many challenges due to the ease of copying and distribution. To ensure the rights of developers and promote innovation, copyright enforcement measures are more urgent than ever. The following article from VCD will help you.

1. General overview

Measures to ensure enforcement of intellectual property rights are not only measures to prevent intellectual property infringements from occurring in reality, but also to handle and resolve when there are infringements in order to end the infringement and compensate for damages.

According to Clause 1, Article 22 of the current Intellectual Property Law, the concept is as follows: A computer program is a set of instructions expressed in the form of commands, codes, diagrams or other forms, which, when attached to a device or device operated by a computer programming language, is capable of making the computer or device perform work or achieve specific results. A computer program is protected as a literary work, whether expressed in the form of source code or machine code.

From the above concepts, it can be seen that a computer program is protected as a literary work, but in the process of creation and operation, it is a scientific and technical product. This creates challenges regarding the effectiveness of rights owners in taking actions against acts of copyright infringement against computer programs.

2. Measures to ensure the enforcement of copyright against computer programs.

Measures to apply technology to protect yourself:

Applying technological measures to protect yourself with the aim of minimizing copyright infringement by controlling the way computer programs are used by technical means is considered effective:

Applying technological measures to detect illegal computer program installation. To detect illegal computer program installation, computer programs are set up according to the data of software enterprises with a system to monitor the activities of computer programs by connecting the computer program to the server system, each time a computer program is used illegally, the server will be notified immediately.

Applying technological measures to prevent copyright infringement of computer programs. Copyrighted computer programs are often set up with copyright checking functions such as requiring users to enter a series of numbers (called keys) to authenticate that they are legitimate users when first installed. Users of computer programs must pay the copyright owner of the computer program to obtain these keys.

Civil measures:

The awareness of activities related to copyright of computer programs by users such as end users or businesses is still low. Vietnamese consumers still prefer to use free computer programs downloaded from the internet or find ways to disable technical measures applied by copyright owners of computer programs. Practice shows that many subjects are afraid to file a lawsuit to request the termination of infringement because of the costs involved in collecting evidence to prove the infringement. If the court wins the lawsuit, they will only be refunded the court fees, while in many cases the damage cannot be determined. Therefore, there should be regulations on minimum compensation for damages in cases of copyright infringement where the damage cannot be determined to encourage the right holders to initiate legal proceedings and at the same time serve as a warning to the holders who are intending to infringe copyright.

Criminal measures:

In fact, not only in Vietnam but also in the world, there are very few cases of copyright infringement of computer programs that are criminally prosecuted. Vietnam has not yet handled copyright infringement of computer programs by criminal measures, however, that does not mean that there are no acts that satisfy the criminal elements of copyright infringement of computer programs. Although the nature of the relationship is civil, the economic harm of copyright infringements on computer programs is very large for the owner, so the 2015 Civil Code, revised in 2017, is limited to two groups of acts: copying computer programs and distributing copies of computer programs to the public.

Administrative measures:

Upon discovering an act of infringement, the copyright owner of a computer program will make a recommendation and work directly with the subject suspected of infringement to request that the infringement be terminated. According to Clause 1, Article 211 of the current Law on Intellectual Property, acts of intellectual property infringement are subject to administrative sanctions when organizations and individuals commit one of the following acts of copyright infringement on computer programs: acts causing damage to authors, owners, consumers or society; production, import, transportation, and trading of counterfeit goods on computer programs. The main forms of punishment are warnings and fines. In addition, additional measures are applied to remove copies of computer programs on the means in use and in the network environment.

Above is the article “Measures to ensure enforcement of copyright on computer programs” sent to you by VCD. We hope this article is useful to you.

Sincerely,

Copyright for derivative works

Written by Editor VCD on 3 December, 2024. Posted in Announcement, Copyright Registration.

Copyright for derivative works is an essential aspect of intellectual property law, reflecting the relationship between the original work and the work developed from it. Protecting the rights of authors not only ensures fairness but also encourages creativity and innovation in art. So, what is copyright for derivative works? Follow the article of VCD below.

1. Concept of copyright for derivative works

Clause 2, Article 14 of the current Intellectual Property Law stipulates: derivative works are only protected if they do not harm the copyright for the work used to make the derivative work. Accordingly, like the copyright for the original work, the owner of the copyright for derivative works also enjoys property rights and personal rights, but depending on the level and scope. However, copyright for derivative works also has its own characteristics when placed in relation to the original work, that is, copyright for derivative works will be completely independent from copyright for the original work from the moment the derivative work is formed in a certain material form. Derivative works are protected by copyright as an original work but must not harm the copyright of the original work.

Like the original work, copyright for derivative works is an automatic derivative right immediately after being created, protected by law without registration.

2. Copyright subject for derivative works

According to Article 4 of the current Law on Intellectual Property, copyright is the right of an organization or individual to the work they create or own. Thus, the copyright subject can be the author (co-author) or the copyright owner. In addition, there are also some individuals who own works that are not their own creations but are transferred or inherited from other individuals. The copyright owner is the organization or individual who assigns tasks to the author or enters into a contract with the author. In addition, the copyright owner is the State for works belonging to the public.

3. Copyright infringement of derivative works

When a derivative work is legally created and meets all the conditions prescribed by law, the derivative work itself will be protected as an independent work. Copyright infringement in general, including copyright infringement of derivative works in particular, is specifically listed in Article 28 of the current Law on Intellectual Property. Including the following four groups of acts:

Group of acts infringing the author’s personal rights:

Infringement of the right to name a work: changing the name of a work without the permission of the author or co-author, except in cases where the work is translated or other laws provide. When creating a derivative work, the name of the original work must be stated and the name of the original work must not be changed arbitrarily.

Infringement of the right to name or name a derivative work: impersonating the author, forging the author’s name or signature, not stating or intentionally misrepresenting the author’s name and origin when exploiting or using it.

Infringement of the right to publish a derivative work: publishing without the consent of the copyright owner or co-owner of the copyright, appropriating the copyright.

Infringement of the right to protect the integrity of a work, causing harm to the honor and reputation of the author: distorting, modifying, or cutting the work.

Group of acts infringing the property rights of copyright owners:

Infringement of the right to make derivative works: existing works are used as derivative works without the consent of the copyright owner or co-owners.

Infringement of the right to perform works in public: performing, reading, displaying, exhibiting, showing, performing in public places or places selling tickets, collecting money without the consent of the copyright owner.

Infringement of the right to copy works: duplicating, creating copies of works without permission.

Distributing, importing for distribution to the public the original, tangible copies of works without the consent of the copyright owner.

Communicating, broadcasting to the public via telecommunications networks and the internet.

Leasing the original or copies of cinematographic works, computer programs.

Group of acts infringing upon the right to self-protection of copyright owners:

Intentionally removing or disabling effective technological measures.

Producing, distributing, importing, offering for sale, promoting, advertising, storing for commercial purposes.

Intentionally deleting, removing or changing rights management information without the permission of the author or copyright owner.

Intentionally distributing, importing for distribution, broadcasting, communicating to the public copies of works when knowing or having grounds to know that rights management information has been deleted, removed, or changed without the permission of the author or copyright owner.

Group of acts infringing upon copyright due to failure to fulfill obligations prescribed by law: to create a creative product requires the author or copyright owner to spend a lot of time, effort, and money, so of course those who want to use those products must pay them a reasonable amount, especially in the case of making derivative works.

Above is the article “Copyright for derivative works” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Copyright protection in the field of e-commerce

Written by Editor VCD on 3 December, 2024. Posted in Announcement, Copyright Registration.

In the era of e-commerce, copyright protection is more urgent than ever. The rapid development of digital content makes copying and sharing easy, while posing many challenges for authors and businesses. So how to protect copyright in the field of e-commerce?. Follow the article of VCD below.

1. Overview of e-commerce

E-commerce in a broad sense is all commercial transactions conducted by electronic means. Specifically, it refers to activities facilitated by communication networks, computer networks and the Internet.

Vietnamese law stipulates in Clause 1, Article 3 of Decree 52/2013/ND-CP, amended and supplemented by Decree 85/2021/ND-CP, as follows: E-commerce activities are the conduct of part or all of the process of commercial activities by electronic means connected to the Internet, mobile telecommunications networks or other open networks.

Characteristics of e-commerce:

E-commerce uses electronic methods to conduct commercial transactions: the use of electronic methods allows parties to carry out activities of buying, selling, transferring, exchanging information about products, goods, services, etc.

E-commerce is cross-border: electronic means create a space with a global network that clearly demonstrates the ability to erase the barriers of territorial borders and geographical distances that have always existed in traditional commerce.

E-commerce is interdisciplinary and multi-disciplinary: the process in e-commerce is standardized, not only existing in buying and selling activities, providing services but also combining intermediary services, activities occurring simultaneously and supporting each other.

E-commerce has diversified the participating subjects and the objects of transactions: in addition to traditional commercial subjects, e-commerce requires the participation of third parties as intermediaries such as internet service providers, logistics services, etc.

2. Regulations on determining copyright infringement in the field of e-commerce

Article 28 of the current Intellectual Property Law divides copyright infringement into 4 main groups:

Group 1: Acts infringing on personal rights.

Group 2: Acts infringing on property rights.

Group 3: Acts infringing on technical measures.

Group 4: infringement acts related to the digital environment: intentionally distributing, displaying or communicating works to the public through communication networks and unauthorized digital means. Legal responsibility of intermediary service providers (ISPs) when failing to implement or not fully implementing the provisions to be exempted from legal liability as prescribed in Article 198b of the Law on Intellectual Property.

When an act of copyright infringement occurs on the environment of an e-commerce website platform, intermediary service providers will be legally responsible for the acts created by their users, except in cases of exemption under Clause 3, Article 198b of the Law on Intellectual Property. Intermediary service providers are obliged to deploy technical measures and coordinate with competent state agencies to enforce measures to protect copyright in the e-commerce environment.

In addition, Decree 17/2023/ND-CP also stipulates a separate section 7 of Chapter VI on enterprises providing intermediary services. Accordingly, these enterprises with the function of “storing digital information content upon request” will have to remove or prevent access to digital information content upon request of competent state agencies under Article 113 or requests of copyright and related rights holders under Article 114.

3. Measures to protect copyright in e-commerce

Self-protection measures: This is a measure that is encouraged and prioritized to be applied to proactively protect copyright from the rights holder, minimizing disputes. In addition to exercising this right themselves, copyright holders can authorize other organizations and individuals to apply measures to protect rights.

Civil measures: measures to protect copyright applied by the Court against the subject of infringement at the request of the right holder as prescribed in Article 202 of the Law on Intellectual Property. Compensation for damages is the most important sanction and the main purpose of the owner when using civil measures as prescribed in Article 205 of the Law on Intellectual Property. The statute of limitations for filing a lawsuit for copyright infringement with a request for compensation for damages is 3 years (Article 588) from the date the recipient of the request knows or should know that his/her legitimate rights and interests have been infringed; this statute of limitations does not apply to requests for protection of personal rights.

Administrative measures: applied by competent authorities to acts of infringement of rights to works, including administrative sanctions and measures remedy the consequences and handle infringing goods. Depending on the nature and severity of the violation, the maximum fine for individuals is 250 million VND and for organizations is 500 million VND (according to the provisions of Article 2 of Decree 131/2013/ND-CP).

Criminal measures: criminal measures are applied to acts of copyright infringement at a dangerous level with signs of constituting a crime committed by individuals or commercial legal entities as prescribed in Article 212 of the Law on Intellectual Property. Depending on the nature and severity of the violation, individuals can be fined up to 1 billion VND or imprisoned for up to 3 years. As for commercial legal entities committing crimes, they can be fined up to 3 billion VND or suspended for a period of up to 2 years. In addition, they must also be subject to other additional penalties.

Above is the article “Copyright protection in the field of e-commerce” that VCD sends to you. We hope you find this article useful.

Sincerely,

Copyright in digitizing documents

Written by Editor VCD on 3 December, 2024. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches.

In the current digital era, preserving and accessing documents has become easier than ever. However, the rapid development of technology also poses many challenges to copyright. Copyright not only protects the rights of authors but also ensures that documents are digitized and shared legally. Please follow the article of VCD below.

1. What is a digital library?

According to the provisions of Clause 2, Article 3 of the 2019 Library Law as follows: A digital library is a library or part of a library with information resources processed and stored in digital form that library users access and exploit through electronic devices and cyberspace.

Therefore, a digital library or electronic library is a type of library that has computerized all or some library services, where users can come to look up and use services that are usually done in a traditional library but have been computerized.

Currently, the development of digital libraries is being promoted in Vietnam to modernize libraries, meet the needs of library users and build digital databases.

2. Authors’ rights in digitizing documents

The 2019 Library Law has provided important regulations on the development of digital libraries, especially in protecting copyright and managing digital information resources. Article 31 of this Law clearly states the basic principles in building and managing digital information resources, including:

Building digital information resources: Libraries need to systematically collect and digitize documents, ensuring that these resources are preserved and accessed effectively.

Resource handling and preservation: The storage and preservation of digital information resources must comply with technical and professional library standards, to ensure the safety and integrity of documents.

Use advanced software: To manage digital libraries, modern technologies need to be applied, from designing smart user interfaces to ensuring openness and connectivity between data systems. This not only makes searching and exploiting documents easier but also supports granting access to users.

Providing access: The law also stipulates that libraries must ensure access to digital information resources, enabling users to make the most of these resources.

Digital library operations can infringe copyright by digitizing documents and allowing users to download or upload digitized documents without the author’s permission. The 2009 Intellectual Property Law has been amended and supplemented by the 2022 Intellectual Property Law, which has new regulations on digital library activities related to intellectual property rights. Specifically, according to the provisions of Article 25 as follows:

Exceptions that do not infringe copyright

1. Cases of using published works without permission or paying royalties but must provide information about the author’s name and origin of the work include:

…

e) Using works in library activities for non-commercial purposes, including copying works stored in libraries for preservation, provided that this copy must be marked as an archived copy and limited to the target audience according to the provisions of law on libraries and archives; reasonably copying a part of a work using a copying device for others to serve research and study; Copy or transmit a work stored for inter-library use through a computer network, provided that the number of readers at the same time does not exceed the number of copies of the work held by the above libraries, except in cases where the copyright owner permits and does not apply in cases where the work has been provided on the market in digital form;

Based on this regulation, libraries can now use published works without permission or paying royalties, but must record information about the author’s name and the origin and source of the work in the following cases:

Copy for storage (with a backup copy marked and limited access).

Copy or transmit the author via computer (provided that the number of readers at the same time does not exceed the number of copies of the work). This regulation does not apply in cases where the work has been provided on the market in digital form.

Copying a part of the work using a copying device for research and study purposes.

Therefore, libraries may be related to digitized documents according to the additional regulations, accordingly, to ensure compliance with intellectual property rights and avoid copyright infringement, libraries need to strictly control and monitor the activities of users in digital libraries. At the same time, there needs to be cooperation and responsibility from both authors and users to maintain a balance between the interests of the parties involved.

Above is the article “ Copyright in digitizing documents ” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Basis for determining copyright infringement

Written by Editor VCD on 26 November, 2024. Posted in Announcement, Copyright Registration.

In the context of an increasingly developing knowledge economy, copyright has become one of the important issues in the field of intellectual property. Copyright infringement not only affects the interests of authors and creative organizations, but also causes negative consequences for the whole society. To protect the legitimate rights of authors, it is extremely necessary to clearly identify the bases and criteria for identifying infringement. The following article from VCD will help you.

1. What is copyright infringement?

Copyright includes personal rights and property rights of authors and copyright owners as prescribed in Articles 19 and 20 of the current Law on Intellectual Property.

Copyright infringement is usually an act in the form of an action that affects the integrity of the work, infringes on the personal values, prestige, and reputation of the author, or illegally exploits and uses the work.

The nature of copyright infringement is illegal exploitation, that is, using the exclusive rights of the author or copyright owner without permission and without respecting the rights of that owner. These copyright infringements are actually very diverse and the infringing subjects are also different.

2. Basis for determining copyright infringement

According to Article 64 of Decree 17/2023/ND-CP detailing a number of articles and measures for implementing the Law on Intellectual Property on copyright and related rights, the basis for determining copyright infringement is based on the following grounds:

First, the subject under consideration falls within the scope of subjects currently protected by copyright as prescribed in Article 14 of the current Law on Intellectual Property. These subjects must satisfy the conditions on the basis for establishing rights as specifically prescribed in Clause 1, Article 6 of the Law on Intellectual Property.

Second, there is an infringing element in the subject under consideration. Common infringing elements in copyright infringement are the modification or cutting of a work that affects its originality, illegal copying of a work, or use of a work without permission or payment to the author or copyright owner.

Third, the person performing the considered act is not the subject of copyright or related rights. In case there are many co-authors or co-owners of copyright, the act of infringement may occur between the co-authors or co-owners when one of them performs the act without the consent of the other parties. The acts of infringement will be considered as violations if the person performing the act is not permitted by law or competent authority, according to the provisions of Clause 3, Article 20, Clause 5, Article 29, Clause 3, Article 30, Clause 3, Article 31 and Articles 25, 25a, 26, 32 and 33 of the Law on Intellectual Property. Fourth, the act under consideration occurred in Vietnam. Violations occurring within the territory of Vietnam will be subject to the provisions of Vietnamese law. If the infringement occurs via telecommunications networks or the Internet, it is also considered to have occurred in Vietnam when: the consumer or user of digital information content is a person in Vietnam and the infringing content is accessed or exploited from Vietnam.

3. Some measures to overcome copyright infringement

Registering copyright for a work: is an important step, helping the author obtain legal evidence of ownership. This not only protects the author’s rights but also creates more favorable conditions for resolving disputes if they occur. Thanks to that, the author can effectively prevent acts of infringement of his rights.

Raising people’s awareness of respecting copyright and the right holders’ awareness of self-protection: awareness of respecting copyright is one of the most important conditions affecting the enforcement and protection of copyright in a country. If people have a good awareness of protecting copyright, infringement can be prevented and stopped. In addition, the state needs to strengthen education on copyright and related rights in schools and other educational institutions.

Enhance the role of collective copyright representative organizations: Collective copyright representative organizations act as intermediaries between authors, copyright owners and organizations and individuals who need to exploit and use works, especially in the issue of copyright fees. Therefore, promoting the role of collective representative organizations, in addition to helping authors, also contributes to stabilizing and limiting current copyright infringements, supporting state management activities.

Apply some technological measures: technological measures can be applied such as using copyright protection software (DRM, watermarking), applying blockchain to authenticate ownership, deploying online monitoring systems and applying artificial intelligence to detect violations. In addition, developing a platform for sharing legal content, building a system for reporting violations, and organizing online courses on copyright are also effective solutions.

Above is the article “Basis for determining copyright infringement” that VCD sends to you. We hope this article is useful to you.

Sincerely,

How is trademark registration different from copyright registration?

Written by Editor VCD on 26 November, 2024. Posted in Announcement, Copyright Registration.

In the field of intellectual property, trademark registration and copyright registration are two important but different concepts. Although both aim to protect the rights of creators, they serve different purposes and apply to different types of intellectual property. So how are trademark registration and copyright registration different? Follow the article of VCD below.

1. Trademark registration

A trademark is a special sign used to identify a company’s products or services. In other words, a trademark is an object protected by industrial property, a sign to distinguish goods and services of different organizations and individuals.

According to Clause 3, Article 6 of the current Law on Intellectual Property, industrial property rights for trademarks (except for famous trademarks) are established on the basis of the decision to grant a protection certificate by a competent state agency according to the registration procedure or recognition of international registration under an international treaty to which the Socialist Republic of Vietnam is a member. Therefore, trademark registration is a procedure to confirm industrial property rights for a trademark. This means that the trademark registration application is fully protected and undergoes a strict formal and substantive examination process by the Intellectual Property Office.

Trademark registration process:

Trademark search: conduct a thorough search to ensure that the desired trademark has not been registered by another party. Normally, a consulting unit will be selected to provide services for preliminary trademark searches and in-depth trademark searches.

Prepare registration documents: After an in-depth search and the trademark is assessed as being capable of registration, the registration application will be submitted. Applications are submitted to the National Office of Intellectual Property of Vietnam directly or online.

Examination stage: The National Office of Intellectual Property of Vietnam will examine the application to ensure that it meets all legal requirements and does not conflict with existing trademarks.

Publication: An approved valid application will be publicly announced. The formal examination period is about 1 month from the date of the valid application. The publication period is within 2 months from the date of the decision on the trademark application. The substantive examination period is no more than 9 months from the date of publication.

Granting of a certificate of protection: After going through the examination process, the applicant will be granted a Certificate of Trademark Registration if all fees and charges are paid.

Registration: The certificate of protection is recorded in the national register of industrial property.

Significance of Trademark Registration:

Trademark registration brings many important benefits, including creating a legal basis to protect the rights of individuals and organizations, helping to distinguish goods and services between businesses. It not only enhances brand value but also strengthens intellectual property rights, allowing businesses to sue if there is an infringement. Furthermore, a registered trademark creates trust for customers, showing the business’s commitment to the quality of products and services.

2. Copyright Registration

Copyright is a form of intellectual property protection that protects original creative works. It grants creators exclusive economic rights to control the use and distribution of their work, including the rights to copy, distribute, perform, display, and create derivative works.

Copyright plays an important role in promoting creativity and innovation. By ensuring that creators can benefit from their work, copyright prevents unauthorized use and protects their rights. This protection encourages individuals and organizations to invest time and resources in developing new works, because they believe that their rights will be respected.

Copyright is essentially a term that refers to the form of protection for copyright and related rights, so copyright registration is the procedure of recording the copyright or copyright owner’s rights to the work they create or own. This procedure only protects the form of the work, but the content such as the semantics of the message will not be protected.

Copyright registration process:

Identify the work to be registered.

Prepare the copyright registration dossier: After determining the type of work to be registered, the author and owner of the copyright of the work will prepare the dossier according to regulations.

Submit the dossier and copyright registration fee: Within 15 days from the date of receiving a valid dossier, the Copyright Office is responsible for issuing a Certificate of Copyright Registration to the applicant.

Register and publish: The Certificate of Copyright Registration is recorded in the National Register of Copyright and published in the Official Gazette on Copyright and Related Rights.

Significance of copyright registration:

Copyright registration is an important step to help protect creators from unauthorized use of works, such as theft, copying or abuse. Creating a valuable work requires investment of effort, intelligence, time and finance. Copyright registration not only recognizes individual creativity but also brings worthy rewards to the author, thereby motivating their working spirit and encouraging creativity in the community.

Above is the article “What is the difference between trademark registration and copyright registration?” that VCD sends to you. We hope this article is useful to you.

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Apply for a license to adapt it to an audiobook

Written by Editor VCD on 20 November, 2024. Posted in Announcement, Copyright Registration, Lectures, addresses and other speeches.

Adapting books to audiobooks is an important step in expanding access to information and knowledge, in line with the development of technology and the need to listen to books instead of reading traditional texts. However, to do this legally and in compliance with the law, applying for a license to adapt is mandatory. So how to apply for a license to adapt to audiobooks? Follow the article of VCD “Apply for a license to adapt it to an audiobook” below.

1. What is adapting books to audiobooks?

Books are intellectual products of humans accumulated through practical knowledge, culture, and history. A book is a collection of pages or documents containing text or images, bound together into a book for the purpose of preserving and transmitting knowledge, information, or entertainment.

Adapting books to audiobooks is the process of adapting the content of a book from text to sound. This allows the listener to access the content of the book through the voice, rather than having to read it with their eyes. Audiobooks are usually recorded with one or more speakers speaking the content. This process may include the addition of background music or sound effects to enhance the listener’s enjoyment.

An audiobook license is an official legal document that allows a printed book (or e-book) to be adapted into an audio format to become an audiobook. This allows the work to be experienced through listening, rather than reading directly from the text. This license protects the rights of the author and publisher, and ensures that the original content is used legally and does not infringe on intellectual property rights.

2. Conditions and documents to apply for a license to adapt a book into an audiobook

To apply for a license to adapt a book into an audiobook, you need to meet the following conditions:

Ownership or licensing: must prove legal ownership of the original work or have a license to use the content from the copyright owner. This also applies to cases of quoting content from other works (if necessary).

Consent from the author or copyright owner: If the author is still alive or can be verified, you need to get consent from them or from the copyright holder to carry out the conversion.

Conpliance with copyright laws: The adaptation must adhere to copyright regulations and not infringe upon any other legal statutes related to the content.

Copyright application procedures: Submission of copyright-related documents may be required, along with obtaining a license from an appropriate cultural or media management agency (such as the Copyright Office).

Certificate or supporting documents: In certain instances, additional documents may be needed to justify the purpose of the adaptation, ensuring that the final product meets prescribed quality standards.

To apply for a license to adapt a book into an audiobook, you need to prepare the following documents and information:

Application for a license to adapt a book into an audiobook, you need to prepare the following documents and information:

Application for a license to adapt a book into an audiobook: The application must clearly state the reason and purpose of adapting a book into an audiobook.

Copy of the original book publication: A copy of the original work that has been published or announced.

Publishing license decision: A copy of the decision to allow the publication of the original book from the competent authority.

Adaptation contract: A contract signed between you and the copyright owner of the original book.

Audiobook sample or audiobook script: A sample or script of the book after adaptation.

Personal documents: Copy of ID card, passport or other identification documents to confirm identity.

Other relevant documents: Additional documents (if any), such as proof of purpose of use or registered copyright certificate.

After completing the application, you can submit it directly to the publishing management agency or send it by post. The processing time will depend on the management agency and it usually takes a certain amount of time to review and grant a license

3. In which cases is a license not granted to adapt to audiobooks

According to Article 20 of the Law on Intellectual Property, the right to create derivative works (such as adapting books into audiobooks) is one of the property rights of the author or copyright owner. This means that the author or copyright owner has the exclusive right to perform or license others to perform derivative works. If an individual or organization wants to make a derivative work, they must ask for permission and have the consent of the copyright owner. At the same time, they must pay royalties and other material benefits to the owner.

According to Article 28, Clause 2 of the Law on Intellectual Property, any act of adaptation without the consent of the author or without paying royalties is considered an infringement of the author’s property rights. This is a violation of the law, and the copyright owner has the right to request compensation or sue the infringing parties.

Consequence, adapting a book into an audiobook without the consent and full payment of royalties will be considered an act of copyright infringement, and may lead to legal consequences.

Above is the article “Requesting permission to adapt to audiobook” that VCD sent to you. We hope this article is useful to you.

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Is imitation of design a violation of copyright?

Written by Editor VCD on 20 November, 2024. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

In today’s creative world, design imitation has become a hot issue, especially in fields such as fashion, design, interior design, and cuisine. This not only raises questions about the ethics of creativity but also concerns legal regulations on copyright. So, is design imitation really copyright infringement? The following article from VCD “Is imitation of design a violation of copyright? will help you.

1. Imitating design ideas

Copyright (or author’s rights) is a form of intellectual property rights that protects human creative works in many different fields. Copyright protects creative works including graphic designs, works of applied art, and other works. When a design is created, the author automatically owns the copyright to that work without having to register the copyright.

Imitation of a design is the act of copying or following an existing design without any originality or variation, including copying the shape, color, layout or other elements of a product or work of art.

2. Does imitation of a design violate copyright?

According to Intellectual Property Law, types of property rights include copyright, rights related to copyright, industrial property rights, and rights to plant varieties. This shows the complexity and diversity in the legal system of intellectual property, where each type of right protects a different aspect of creativity.

The concept of “design idea” is a concept that exists only in the mind, that is, it has not been expressed in a specific material form. This is an essential point, because according to Clause 1, Article 6 of the Intellectual Property Law, only works that have been expressed in material form quality for copyright protection Consequently, while creative, are not automatically protected if they remain at the level of thought. For example, a designer may have an idea about how to design a coffee shop, but unless that idea is drawn or otherwise expressed, copyright cannot be established.

Protecting a store layout design is an important and not uncommon process. To copyright a design idea, the designer needs to translate his or her idea into a physical form. Specifically, they can write a detailed description of the layout, colors, materials used, and other elements related to the design. In addition, using drawings, whether on paper or through design software, will help create a concrete image of the idea, thereby making it easier to understand and access.

Once the idea is clearly expressed, the designer can request copyright protection for their work. This legal safeguard ensure that any attempts to copy or imitate the design must have permission from the copyright owner. This protection not only helps prevent copying by competitors, but also enhances the reputation of the brand. Customers will feel more secure knowing that the design and style of the store are legally protected, which creates a significant competitive advantage in today’s market.

Recently, information about the most famous and successful coffee franchise chain in Vietnam – Cong Ca Phe, having its design and layout “copied” by C. 1989 Coffee Shop has attracted public attention. This action not only causes confusion for customers but also raises many questions about the protection of intellectual property rights in the coffee industry.

As analyzed above, in this case, C. 1989 Coffee Shop has used commercial indications such as color, design, layout, menu, and service method, leading to confusion for customers about the origin and business entity. These actions can be considered unfair competition, negatively affecting the reputation and interests of Cong Ca Phe.

However, it should be noted that C. 1989 does not infringe upon the copyright of the “design idea” and layout of Cong Ca Phe, because copyright only protects works that have been specifically expressed. Therefore, C. 1989’s actions can mainly be considered from the perspective of unfair competition (as stipulated in Clause 3, Article 6 of the current Law on Intellectual Property).

To further strengthen its legal foundation, Cong Ca Phe should register the copyright for the design drawings or design descriptions of the coffee shop. This proative measure would establish a clear legal record, protecting the rights of Cong Ca Phe in case of disputes or when it is necessary to prove design ownership to third parties. Such action not only protecting intellectual property but also enhancing the competitiveness and reputation of the brand in the market.

Above is the article “Is imitation of design a violation of copyright?” sent to you by VCD. We hope you find this article useful.

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