In practice, it’s quite common for authors or copyright owners to register copyrights on their behalf instead of directly submitting the application, especially when they lack legal knowledge or find it inconvenient to travel. However, many people still wonder whether registering copyright on behalf of someone else is legal. This VCD article will help you understand better.
Does the law allow registering copyright on behalf of someone else?
Current law does allow registering copyright on behalf of someone else; however, this registration is only legal if the person performing the procedure is legally authorized by the author or copyright owner.
Based on Clause 1, Article 50 of the 2005 Intellectual Property Law, the entities entitled to file copyright registration applications include:
- Authors
- Copyright owners
- Legally authorized representatives
This regulation clearly shows that the law does not require authors or copyright owners to file applications in person, but allows them to do so through authorized representatives. This is consistent with the reality that many individuals or organizations do not have the means to directly carry out administrative procedures.
In addition, according to Article 38 of Decree 17/2023/ND-CP, copyright registration applications can be filed by authorized representatives, provided that documents proving the right of representation are included.
When registering copyright on behalf of someone else, is a power of attorney required to be submitted with the application?
After determining that the registration is legal, the next important legal issue is what conditions the power of attorney must meet to be considered valid.
According to Article 38 of Decree 17/2023/ND-CP, in cases where the applicant is an authorized representative, the copyright registration application must include a power of attorney. This document serves as legal proof of the applicant’s right to represent the rights holder.
Legally, the power of attorney must clearly express the will of the rights holder and specifically define the scope of work that the authorized representative is permitted to perform. A valid power of attorney should typically include the following basic information:
- Information of the authorizing person: Including full name, address, identification number or legal information of the organization. This is the basis for identifying the entity with rights to the work.
- Authorized person’s information: The full name or name of the organization authorized to carry out the registration procedure must be clearly stated to accurately identify the representative.
- Specific scope of authorization: The authorization should clearly state the tasks to be performed, for example:
- Submitting copyright registration documents
- Amending or supplementing the documents
- Receiving the Copyright Registration Certificate
- Duration of authorization
- Valid signature or seal: For individuals, the signature of the authorizing person is required; for organizations, the signature of the legal representative and a seal (if applicable) are required.
Therefore, the power of attorney is not only an administrative procedure but also a legal basis for determining the right of representation. If the power of attorney is unclear or invalid, the registration documents may be rejected, or require amendment or supplementation.
Important notes when registering copyright on behalf of others
After verifying the legality of the registration and the required authorization, the following points should be noted to ensure a smooth registration and submission process:
Correctly identify the author and copyright owner:
According to current Intellectual Property Law, the author is the person who directly creates the work, while the copyright owner is the person who holds the property rights to the work. Incorrectly identifying this status may lead to the application being required to be amended or result in ownership disputes.
Carefully check information before submitting the application:
Information such as the author’s name, the copyright owner’s name, the completion date of the work, or the type of work should be carefully checked. Incorrect information can lead to the application being rejected or requiring multiple revisions.
Clearly define responsibilities between the authorizing party and the authorized party:
In many cases, registration is done through friends or service providers. Without clearly defined responsibilities and scope of work, misunderstandings or disputes may arise during the process.
Keep all relevant registration documents:
Documents such as power of attorney, application forms, copies of the work, and other papers must be kept in full. This is crucial evidence to prove the legality of the registration process in case of disputes.
The above is the article “Is it legal to register copyright on behalf of someone else?” that VCD has sent to you. We hope this article is helpful to you.
Sincerely,
FAQ
No. The authorized person only has the right to submit the application on behalf of the copyright holder; the author must still be the person who directly created the work, as stipulated by the current Intellectual Property Law.
No. In cases where registration is done through another person, the application must include a power of attorney document as stipulated in Decree 17/2023/ND-CP.