Is it possible to add co-authors after copyright registration?

During copyright registration, information about the author or co-authors may sometimes be incomplete or missing. This leads many individuals to wonder whether they can add co-authors after receiving a Copyright Registration Certificate. Let’s explore this in the article below!

What are Co-authors?

Before exploring whether or not co-authors can be added, it’s necessary to understand the concept of co-authors as defined by law.

According to Article 6 of Decree 17/2023/ND-CP guiding the Law on Intellectual Property, co-authors are individuals who directly create a work together. Each co-author contributes creatively to the formation of the content or form of the work.

This means that not everyone who participates in the production, support, or funding of the work is considered a co-author. Only those directly involved in the creative process are considered co-authors.

Examples:

• Two people co-writing a book

• Multiple people co-composing a song

• A group of authors jointly developing the content of a software program or script

In these cases, the individuals involved in the creation are recognized as co-authors of the work.

Is it possible to add co-authors after copyright registration?

In some cases, after copyright registration, the owner or authors discover that the list of authors in the Copyright Registration Certificate is incomplete or contains errors. In such cases, the law allows for the procedure of amending or supplementing the information on the copyright registration certificate.

According to intellectual property law, when there are changes related to registered information, the organization or individual has the right to submit an application to amend or supplement the information to the certificate-issuing authority.

This means that if it can be proven that an individual made a creative contribution to the work, that person can be added to the list of co-authors after copyright registration.

However, the addition of co-authors must be based on legal grounds and the agreement of all parties involved.

Cases where co-authors can be added

Adding co-authors usually occurs in the following cases:

Omission of an author during initial registration

In some cases, when submitting a copyright registration application, the applicant may omit the name of an individual who participated in creating the work. Upon discovering the error, the parties can follow the procedure to request an amendment to add the co-author.

Agreement between authors

If the authors agree that an individual has made a creative contribution to the work but has not been recognized, they can create a written agreement to request the competent authority to add that person to the list of co-authors.

Errors in the application process

During the preparation of the copyright registration application, errors may occur regarding personal information or the list of authors. These errors can be corrected through the registration information adjustment procedure.

Procedure for adding Co-authors after copyright registration

When there is a need to add co-authors, individuals or organizations can carry out the procedure for amending and supplementing copyright registration information at the competent authority.

Typically, the application for adding co-authors after copyright registration includes:

• Application for amending and supplementing copyright registration information

• Original or copy of the Copyright Registration Certificate

• Documents proving the creative contribution of the applicant

• Written agreement or confirmation from co-authors (if any)

• Identification documents of the person being added

After receiving a valid application, the competent authority will review and update the author information on the certificate if the requirements are met.

Notes on adding Co-authors

To avoid disputes and ensure a smooth process, please note the following:

• Only add individuals who contributed creatively: Not every individual involved in the creation of a work is considered a co-author. Only those directly involved in creating the content or form of the work are recognized as co-authors. Those who only provided technical support, financial sponsorship, or performed administrative tasks are generally not considered co-authors.

• Consent of all parties is required: In many cases, adding co-authors requires the agreement of the authors or copyright owners. If a copyright dispute arises, the competent authority may require dispute resolution before considering any information modification.

• Prepare sufficient supporting documents: To have a co-author added, documentation proving that the added individual directly participated in the creation of the work must be provided. These documents may include manuscripts, email exchanges, joint work documents, or other evidence.

The above is an article titled ” Is it possible to add co-authors after copyright registration?”. Hopefully, the information shared has helped you better understand the legal regulations related to amending and adding author information after copyright registration.

Sincerely,

FAQ