In the context of globalization and the strong development of creative technology, copyright has become a topic of top concern not only in Vietnam but also around the world. Copyright protection not only ensures the rights of domestic authors but also creates conditions for foreign individuals and organizations to participate in the creative market in Vietnam. This raises an important question: Can foreign individuals register copyright in Vietnam? The following article from VCD will help you.
1. Principles of copyright protection with foreign elements.
Copyright protection is the methods and measures used by competent entities to create a legal corridor to protect legitimate rights and interests, establish rights to the subject and corresponding copyright against infringement.
According to the principle of copyright protection with foreign elements, there are two cases:
Works protected under the provisions of international treaties on copyright of which Vietnam is a member. Accordingly, in this case, the provisions of the international treaties of which Vietnam is a member will be applied to regulate copyright protection.
Currently, Vietnam is a member of the following international treaties: Bern Convention, Agreement between Vietnam and the United States, etc.
In case there is no international treaty regulating. Copyright protection with foreign elements in Vietnam is carried out in the following cases:
- The work is first published in Vietnam.
- The work is published in Vietnam after 30 days from the date the work is published in other countries.
2. Can foreign individuals register copyright in Vietnam?
Pursuant to Clauses 1 and 2, Article 38 of Decree 17/2023, the procedures for registering copyright and related rights are as follows:
1. Authors, copyright owners, and related rights owners who are Vietnamese individuals or organizations, foreign individuals permanently residing in Vietnam, or foreign organizations with headquarters, representative offices, or branches in Vietnam shall submit applications for copyright registration or related rights registration directly or through legal representatives in Vietnam.
2. Authors, copyright owners, and related rights owners who are foreign individuals not permanently residing in Vietnam, or foreign organizations without headquarters, representative offices, or branches in Vietnam shall submit applications for copyright registration or related rights registration directly through the Level 4 Online Public Service Portal or through authorization to a copyright and related rights consulting and service organization in Vietnam.
At the same time, pursuant to Article 18 of Decree 17/2023, the provisions on Copyright Owners are as follows:
Copyright owners specified in Article 36 of the Law on Intellectual Property include:
1. Vietnamese organizations and individuals.
2. Foreign organizations and individuals whose works are created and expressed in a certain material form in Vietnam.
3. Foreign organizations and individuals whose works are published for the first time in Vietnam.
4. Foreign organizations and individuals whose works are protected in Vietnam under international treaties to which the Socialist Republic of Vietnam is a member.
From the above grounds, foreign individuals are allowed to register copyright in Vietnam. In addition, copyright owners who are foreign individuals permanently residing in Vietnam can submit copyright registration applications directly or through legal representatives in Vietnam.
According to Clause 3, Article 38 of Decree 17/2023/ND-CP, the regulations on submitting applications for copyright registration and related rights registration are as follows:
Submitting applications for copyright registration and related rights registration
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3. Legal representatives specified in Clause 1 of this Article include:
a) In case an individual registers copyright or related rights: The legal representative or authorized representative of the individual, the organization providing consulting and services on copyright or related rights as authorized by the individual;
b) In case an organization registers copyright or related rights: The legal representative of the organization or a person belonging to the organization authorized by the legal representative of the organization; the organization providing consulting and services on copyright or related rights as authorized by the organization; the head of the headquarters, representative office or head of the branch in Vietnam if it is a foreign organization.
Therefore, the legal representative of an individual registering copyright is:
- The legal representative of the individual.
- The authorized representative of the individual.
- The organization providing copyright consulting and services authorized by the individual.
- The copyright registration dossier includes:
- The copyright registration application form.
- A copy of the work to be registered.
- A letter of authorization if the applicant is an authorized person.
- Documents proving ownership of the copyright.
- A written consent of co-owners if the copyright is jointly owned.
- A written consent of co-authors if the work has co-authors.
- In case the work uses the personal image of another person, it must have the written consent of that person according to the provisions of law.
Above is the article “Can foreign individuals register copyright in Vietnam?” that VCD sent to you. We hope this article is useful to you.
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