In the context of increasingly diverse creative activities, many literary works, art, computer software or other creative products are formed very early, even by minors. This raises an important legal question: Do people under 18 have the right to register copyright protection for their works? The following VCD article will help you.
1. What is copyright?
Clause 2, Article 4 of the current Intellectual Property Law stipulates: Copyright is the right of an organization or individual to a work they create or own.
Accordingly, copyright arises from the time a work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered. However, when there is a dispute between the author or owner, it is very difficult to prove ownership of the work, so it is necessary to register copyright for the work you created.
2. Can a person under 18 years of age register for copyright?
According to the provisions of the Intellectual Property Law, for a work to be protected, it must meet the following conditions:
Conditions for the work:
- The work must be creative, must be created directly by the author, not copied from another person’s work in any form.
- The work must be expressed in a certain material form.
- Belong to the type of work protected under Article 14 of the current Intellectual Property Law, including: musical works, computer programs, literary works, etc.
Conditions for the author and copyright owner
- The author is the person who directly creates and is also the owner of the work.
- Vietnamese or foreign individuals or organizations whose works are simultaneously published in Vietnam within 30 days of the first publication in another country.
- Vietnamese and foreign individuals or organizations whose works are first published in Vietnam and have not yet been published in any other country.
- Foreign individuals or organizations whose works are protected in Vietnam under international treaties to which Vietnam is a member.
Copyright arises as soon as the work is fixed in a certain material form, regardless of registration procedures. Simultaneous publication within 30 days allows the work to be distributed internationally but still be protected in Vietnam. Works first published in Vietnam, whether by foreign individuals or organizations, are also protected if they have not yet appeared in another country. For works by foreign authors, protection is applied when consistent with international treaties to which Vietnam is a member.
Thus, Vietnamese law does not set an age limit for creators of works. According to the Law on Intellectual Property, copyright arises as soon as the work is fixed in a certain material form and registration is only to establish evidence of rights. Therefore, a person under 18 years of age, if he is the author or legal owner of the work, can completely submit an application for copyright protection, as long as the application and procedures meet legal regulations (for example: providing personal information, work samples, identification documents).
3. Copyright registration procedures
According to the provisions of the Law on Intellectual Property, the author or copyright owner can be an individual, a domestic legal entity or a foreign individual or legal entity. These entities all have the right to submit an application for copyright registration for their work to the Copyright Office.
Step 1: Determine the type of work
Clearly determine the type of work to be registered (literature, art, music, computer software, etc.) to choose the appropriate form of registration.
Step 2: Prepare documents and information
After determining the type, the owner or authorized person prepares all necessary documents and information to prepare the registration file.
Step 3: Prepare the registration file
- The application for copyright and related rights includes:
- The application for copyright registration according to the latest form.
- 02 copies of the work or 02 copies of the fixed version for related rights.
- Power of attorney, if the applicant is an authorized person.
- Documents proving the right to submit the application, if the applicant is transferred or inherits the rights.
- Written consent of co-authors, if the work has co-authors.
- Written consent of co-owners, if the copyright or related rights are jointly owned.
Note: Documents in sections 3, 4, 5 and 6 must be prepared in Vietnamese; if in a foreign language, they must be translated into Vietnamese and notarized or certified. Copies attached to the application must be notarized or certified.
Step 4: Submit application
Authors, copyright owners or authorized persons submit applications online at the National Public Service Portal and submit them in person at:
Headquarters of the Copyright Office in Hanoi (Northern region).
Representative office of the Copyright Office in Da Nang (Central region) or Ho Chi Minh City (Southern region).
Step 5: Tracking the application
After receiving, the application is assessed by a specialist. If necessary, the registration authority will request the applicant to supplement or edit the application to ensure its validity.
Step 6: Receive the Certificate
Once the application has been fully assessed and confirmed, the Copyright Office issues a Certificate of Copyright Registration to record the ownership of the author or owner.
The above is the article “Can people under 18 registerS for copyright protection?” that VCD sent to you. We hope this article is useful to you.
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