Registering copyright for works has become an inevitable procedure when the issue of copyright infringement and use without the author’s consent becomes more and more common. However, in reality, copyright registration is a complicated procedure that requires a lot of experience, leading to the fact that many authors or other registered entities often encounter certain difficulties. Therefore, this article will focus on exploring some practical difficulties when registering a copyright.
1. Copyright registration procedures
Copyright automatically arises from the moment the work is created in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or not registered. Accordingly, copyright is protected when it satisfies two conditions: (1) is fixed, expressed in a certain material form; (2) to be original, the work must be composed for the first time and by that author.
Currently, copyright registration will be based on the 2005 Intellectual Property Law (amended and supplemented in 2009, 2019, and 2022); Decree 17/2023/ND–CP detailing several articles and measures to implement the Intellectual Property Law on copyright and related rights; Circular 08/2023 regulates forms for registration of copyright and related rights.
- Determine the type of work to be registered
Before preparing the copyright registration dossier, the owner and author must determine the type of work intended to be registered according to Article 14 of the Intellectual Property Law.
- Prepare and draft copyright registration documents
After determining the type of work intended for copyright registration, the owner and author of the work will proceed to draft the copyright registration dossier according to the law.
Basically, when registering a copyright, the author needs to prepare the following documents and records (in Vietnamese):
- Copyright registration declaration (according to the corresponding form in Circular 08/2023/TT-BVHTTDL dated June 2, 2023, Circular stipulating forms for copyright and related rights registration activities).
- Two copies of the copyrighted work. For works with unique characteristics such as paintings, statues, monuments, reliefs, and monumental paintings associated with architectural works; works that are too large and bulky, copies of registered works are replaced by three-dimensional photographs.
- In case the author or owner authorizes another organization, there must be an additional power of attorney. If authorizing another individual, the authorization document must be authenticated according to the provisions of law.
- Documents proving the right to apply;
- Written consent of co-authors, if the work has co-authors;
- Written consent of the co-owners, if the copyright is jointly owned;
- Notarized identity card of the author or owner of the work;
- Notarized copy of the company’s Business Registration Certificate (if the owner is a company).
- Apply for copyright registration
There are three ways to submit copyright registration documents: (1) submit directly to the Copyright Office; (2) submit by mail; (3) submit online via the Online Public Service Portal.
2. Some practical difficulties when registering copyright
Although copyright registration has become popular, in reality, this registration still faces many difficulties:
Firstly, the registration application processing time is slower than the regulations. According to the law, the time for the Copyright Office to process and check the validity of the dossier is 01 month from the date of receiving the dossier. In case the dossier is valid according to regulations, within 15 working days, the competent state agency is responsible for issuing a Copyright Registration Certificate.
However, the general situation of copyright registration applications for simple works such as works of applied art, written works, and photographic works… is that the actual implementation time often takes time. lasting more than a month, or even more than two months. This may also partly stem from the increasing number of copyright registration applications over the years, leading to overload.
Secondly, the name and content of the work registered for protection as works of applied art should be noted to remove the word “banner” or “slogan” from the name of the work. In the past 2-3 years, the Copyright Office has often not approved registered works containing the above phrases for the reason that copyright protection does not protect “slogan”.
Thirdly, the system for looking up copyrighted records is still in its infancy. Currently, works that have been granted copyright certificates can only be searched on one channel: the yearbook search section on the copyright department’s website. Compared to other industrial property lookup channels, this lookup is still too rudimentary and the amount of updated information is not enough to meet the lookup needs of customers.
Besides, there are still some remaining difficulties such as:
- The process of preparing documents, documents, and related papers is very difficult to learn and prepare yourself. Registration documents may be invalid, missing, or even incorrect, causing time-consuming processing later;
- In cases where travel is not convenient, pay the registration fee via bank transfer and then apply by post to the competent authority. This is the process that causes the most problems that the subject needs to solve because it will not receive direct support from the authorities;
- After applying, you need to monitor the status of the registration application to promptly respond in writing to the competent state agency when any problems arise.
- Difficulty completing and supplementing documents following the law.
Registering copyright and related rights has many benefits, in addition, instructions on procedures and dossiers for registering copyright and related rights are also posted in great detail by the Copyright Office on the department’s website. Copyright has created many advantages for people in the process of establishing copyright. The regulations for registering copyright on black and white paper are simple, but when registering a copyright, you will see the inadequacies and difficulties. Therefore, to avoid wasting a lot of time, authors or owners of works should seek out experienced service and consulting organizations for timely support and processing.
Above is the article: “Copyright registration and practical difficulties“. Hope this article will help you.
