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.
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