Is the right to name a work protected indefinitely?

The title of a work is not only an identifying mark but also reflects the creative imprint, brand value, and reputation of the author or owner. However, many people wonder: Is the right to name a work protected permanently? How is the protection of a work’s title regulated by law? This article from VCD will help you answer that question.

What is the right to name a work?

The right to name a work is the author’s right to choose, decide, and use a suitable name for their created work. The title of a work is not simply a way of identification but also reflects the personal imprint, creative message, and spiritual value that the author wants to convey to the public. In many cases, the title of a work is also linked to the reputation, prestige, and commercial value of the author or owner.

According to Article 19 of the Intellectual Property Law, the author’s moral rights include:

• The right to name the work;

• The right to use their real name or pseudonym on the work;

• The right to publish or allow others to publish the work;

• The right to protect the integrity of the work, preventing others from modifying, abridging, or distorting it in a way that affects the author’s honor and reputation.

Thus, the right to name is a fundamental and particularly important moral right, as it is linked to the author’s identity and creative imprint. The law protects this right to ensure that the author has full control over how their work is recognized by the public, while also preventing unauthorized use or alteration of the work’s name that affects their legitimate rights and interests.

Is the right to name a work protected indefinitely?

According to Clause 1, Article 27 of the Intellectual Property Law, the following moral rights of the author are protected without time limit:

• The right to name the work;

• The right to use one’s real name or pseudonym on the work;

• The right to protect the integrity of the work.

This provision clearly shows that moral rights are linked to the honor, reputation, and spiritual value of the author and therefore need to be protected long-term, regardless of the economic exploitation period of the work.

This means:

• The right to name exists stably and for a long time, without time limit on protection;

• Even after the author’s death, the name of the work must still be respected and cannot be changed arbitrarily;

• Any organization or individual using the work must retain the original name or may only change it with the legal consent of the rights holder;

• Using a work’s title in a way that misleads about its origin, author, or damages the author’s reputation may be considered a violation.

However, it is important to distinguish clearly: only certain moral rights, such as the right to name, the right to be credited, and the right to protect the integrity of the work, are protected indefinitely. Other rights, such as the right to publish or property rights (copying, distribution, commercial exploitation, etc.), are only protected for a specific period as stipulated by law.

What actions are considered infringements of copyright?

In practice, copyright infringement is quite common, especially in the publishing, media, and digital environments. Some typical actions that may be considered violations include:

• Arbitrarily changing the title of a work when republishing, distributing, or reusing it without the author’s or copyright owner’s consent;

• Using another person’s work title for one’s own products, content, or activities to create confusion about the origin or connection to the author;

• Attaching a different name or modifying a name in a way that distorts its original meaning, affecting the author’s spiritual value or reputation;

• Using a similar or nearly identical name to a famous work for commercial gain, to attract users, or to gain an unfair competitive advantage.

According to the Intellectual Property Law, when the right to name a work is infringed, the author or owner has the right to apply legal measures to protect their interests, including:

• Requesting the infringing organization or individual to immediately cease the infringing act;

• Requesting a public apology and correction to restore reputation and honor;

• Requesting compensation for damages if the infringement causes material or moral loss.

The clear legal provisions on sanctions not only aim to protect the rights of authors but also contribute to raising awareness of respect for intellectual property rights in creative activities and the exploitation of works.

The above is an article titled “Is the right to name a work protected indefinitely?”. Hopefully, the information above has helped you understand the legal value of the right to name a work, as well as the scope and duration of protection as stipulated in the Intellectual Property Law.

Sincerely,

FAQ