Can unpublished manuscripts be registered for copyright?

Many people believe that copyright can only be registered after a work is officially published and released. This misconception has led to many unpublished manuscripts facing the risk of being copied or appropriated without legal protection. So, according to current regulations, can unpublished manuscripts be registered for copyright protection, and how are the author’s rights protected by law? This article will help you understand this issue correctly and comprehensively.

What is an unpublished manuscript?

An unpublished manuscript is a work that has been completed by the author or is in a complete form in terms of content, expressed in a certain physical form, but has not yet been published, released, or widely disseminated to the public through publishing, media, or digital platforms.

In reality, unpublished manuscripts can exist in many different forms, such as:

• Unprinted manuscripts of books, short stories, novels, and poems

• Unproduced film scripts, stage scripts, and television programs

• Textbooks, teaching materials, and internal lectures

• Unpublished scientific research papers, theses, and professional projects

• Creative content in electronic file format (Word, PDF, Google Docs, etc.)

The key to determining whether a manuscript is unpublished lies not in whether the work has been printed or published, but in whether the work has been fully formed and is presented externally in a form that can be copied, stored, or read.

Therefore, even if the manuscript is only stored on a personal computer, email, or in internal print, but clearly reflects the author’s creative content, it is still considered a legally complete work and is eligible for copyright protection.

Can unpublished manuscripts be registered for copyright protection?

One common misconception today is that only published or publicly released works can be copyrighted. However, this view is inconsistent with Vietnamese law.

According to Article 6 of the 2022 Intellectual Property Law, copyright arises from the moment the work is created and expressed in a certain physical form, regardless of whether the work has been published or not.

This regulation shows that publication or release is not a mandatory condition for copyright protection. As long as the work:

• Is directly created by the author

• Is not copied from another person’s work

• Is expressed in a specific form (written copy, electronic file, printed copy, etc.), then an unpublished manuscript is fully eligible for copyright protection.

In fact, the law encourages authors to register for copyright protection even before their work is published, in order to:

• Clearly establish legal ownership rights

• Create a solid legal basis in case of disputes

• Prevent copying and misappropriation of content

Especially in cases where authors submit manuscripts to publishers, production partners, editorial units, or investors, registering copyright beforehand helps minimize the risk of unauthorized use or pre-registration of rights.

Therefore, unpublished manuscripts should not only be registered for protection, but should be registered early to protect the author’s legitimate rights from the very beginning of the creative process and exploitation of the work.

Is it mandatory to register for copyright protection of unpublished manuscripts?

According to the Intellectual Property Law, copyright arises automatically from the moment a work is created and expressed in a tangible form, regardless of whether the work has been registered or not. Therefore, legally, registering unpublished manuscripts is not a mandatory obligation for authors.

However, in practice, copyright registration for unpublished manuscripts is very important and necessary, especially in the context of increasingly common acts of copying and appropriation of content. Early registration helps authors clearly establish their legal ownership rights and minimize potential risks during the exploitation and use of the work.

Specifically, registering unpublished manuscripts is especially necessary in cases such as:

• Submitting manuscripts to publishers, partners, editors for review, editing, or contract negotiations, when the work needs to reach multiple third parties;

• Raising capital, collaborating on production, transferring or licensing exploitation rights requires clear proof of ownership of creative content;

• Concerns about the risk of unauthorized copying, use, or appropriation of ideas, especially with manuscripts of high commercial value;

• Preparing for future publication and distribution, aiming to create a solid legal foundation from the outset.

Furthermore, a Copyright Registration Certificate serves as crucial legal evidence in case of disputes. It provides a basis for authors to:

• Prove their legal ownership of the manuscript without spending a lot of time gathering evidence;

• Facilitate the handling of infringement cases, from negotiation and requests to cease infringement to legal action;

• Proactively protect their legal rights and interests, minimizing future risks and legal costs.

Therefore, although not legally required, registering for copyright protection of unpublished manuscripts is a necessary and preventative step, giving authors greater peace of mind during the creative process and in exploiting and developing the value of their works.

The above is an article titled “Can Unpublished Manuscripts Be Registered for Copyright Protection?” This is what VCD wants to share with you. If you need advice or support in registering copyright for unpublished manuscripts, written works, or scripts, VCD is always ready to accompany you and provide suitable, quick, and effective legal solutions.

Sincerely,