In the era of explosive content creation, character creation is increasingly appearing in movies, comics, games, brand mascots, advertising and media. However, this also entails many risks of copying, plagiarism, and appropriation of ideas, especially when the work does not have a legal basis for protection. Therefore, registering copyright for character creation becomes an important step to protect the legitimate rights of authors and owners. In this article, VCD will provide detailed instructions on how to register for character creation.
What is character creation?
Character creation is the expression of shape, color, style, costume, expression, body proportion, personality through the creation of a character created by an individual or organization.
This image can appear in many forms:
- Cartoon characters
- Comic characters (manga, comic)
- Game characters
- Brand mascots
- Characters in movies, TVCs
- 2D, 3D models
- Hand drawings, sketches, design files
According to the Vietnamese Intellectual Property Law, character creation is classified as a work of art, a visual work and is automatically protected by copyright as soon as it is created and expressed in a certain material form. However, to protect the character strongly and with clear legal value, copyright registration is especially important.
Why must copyright registration be registered for character creation?
Although the law does not require character image copyright registration, in reality, this brings many practical benefits:
- Affirming legal ownership: A copyright certificate is the strongest legal evidence proving that the character belongs to you. This is essential in the event of a dispute or illegal copying.
- Preventing plagiarism and appropriation: When a character is registered, any individual or business using the character’s image without permission can be prosecuted according to the law.
- Increasing the commercial value of the character: A copyrighted character can be exploited for many purposes such as merchandise production; advertising, marketing; game development, animation, film; licensing of brand use. This helps the character become a valuable intellectual property.
- Convenience in handling violations: When you have a certificate, you only need to send a request for handling or complaint to the authorities. Proof of ownership is almost absolute.
Required documents to register copyright for character creation
A complete character creation copyright registration file includes the following documents:
- Copyright registration form: According to the form of the Copyright Office (clearly stating information about the work, author, owner).
- Copy of character creation: 02 color prints in A4 size; clear character image, full angles; if the character is 3D, photos from multiple angles should be added.
- Author’s guarantee: Affirming that the work is created by the author himself, not copied from any source.
- ID card/CCCD of the author and owner. If the owner is an organization, a copy of the Business Registration Certificate is required.
- Documents proving ownership (Only required when the author and owner are different): Design rental contract; work assignment contract; decision on task assignment; Copyright transfer document
- Co-author consent document (in case the work is created by multiple people).
A-Z guide to registering copyright for character creation
The process of registering copyright for character creation is simple, including 3 main steps:
Step 1: Prepare a complete application
A complete and clear application will help minimize the risk of being asked for additional information.
• Collect all documents according to section 3
• Print 02 copies of the character creation in color on A4 paper
• Check the accuracy of the information before submitting
Step 2: Submit the application to the Copyright Office
You can choose 1 of 3 methods to submit the application for character creation copyright registration:
• Submit directly to the Copyright Office (Hanoi)
• Submit at the representative office in Da Nang or Ho Chi Minh City
• Submit by post
After receiving, the Office will issue a receipt and record the date of submission to track the progress.
Step 3: The Office will conduct an appraisal and issue a Certificate
• If the application is valid, a Certificate of Copyright Registration will be issued.
• If the application is invalid, it will require additional information or corrections.
According to Article 52 of the Intellectual Property Law 2022, the time limit for granting a certificate is 15 working days from the date of receipt of a complete and valid application. However, in reality, the time limit for receiving a certificate may be 20-25 days.
Important notes when registering a copyright for character creation
When carrying out the copyright registration procedure for character creation, you need to remember the following important points to avoid making mistakes or prolonging the processing time of the application:
- The application components are not always the same. If the character is not designed by you but is assigned to the company’s task, or created according to the customer’s order, you must add documents proving ownership of the work. These documents may include: design contract, assignment letter, minutes confirming the creation process… to ensure sufficient legal basis.
- The description in the Application Form must be consistent with the character model. In the Application Form, the competent authority requires a clear description of the lines, shapes, layout, colors and style of the character’s design. Therefore, you need to describe in detail and accurately, avoiding information in the Application Form that is different from the attached sample – this may cause the application to be requested for supplementation.
- Monitor the application throughout the processing. The Copyright Office may request corrections, explanations or additional documents. Continuously updating information will help you process quickly, limit the risk of the application being rejected and having to re-submit from the beginning, wasting unnecessary time and costs.
Above is the complete guide to registering copyright for character design to help you understand the process, documents and important notes to know before submitting the application. Copyright registration not only protects your creative work from the risk of unauthorized copying but also affirms your legal ownership of the character you have worked so hard to create.
FAQ
Sincerely,
1. Can you register copyright for multiple characters in one file?
Yes, if the characters belong to the same work or a collection and are presented in a unified manner. However, to avoid risks, experts often recommend separating files with a large number of characters or too different shapes.2. Can the author and owner of different character shapes be registered?
Absolutely. In this case, the file needs to include the following documents:
• Contract for assignment, order or transfer;
• Confirmation from the owner agency/organization.
This helps the Copyright Office determine exactly who holds the rights.