Currently, with the development of talent and artistic ability, along with the passion of many young individual for artistic creation, the number of works and galleries is increasing. However, this increase also means a high risk of plagiarism and copying of works of art. Copyright protection is more important than ever to prevent infringements and ensure the rights of creative artists. Therefore, the following article of VCD will help you better understand copyright registration for paintings.
1. What is copyright for paintings?
According to Clause 2, Article 4 of the Intellectual Property Law, copyright is defined as the exclusive right of organizations and individuals to works they create or own.
Copyright of a painting arises from the moment the painting is created and expressed in a certain material method, regardless of content, quality, form, means, language, whether it is published orregistered.
With its unique characteristics, paintings are classified as works of fine art, applied art and become a type of work protected by copyright according to the provisions of Article 14 of the current Law on Intellectual Property.
Consequently, copyright registration of a painting is understood as the act of a competent state agency recognizing the copyright of the creator of the work and the copyright owner of that painting. By recognizing the author and copyright owner on the Copyright Registration Certificate, the author and owner will have proof of ownership, making it easier to handle infringements.
Copyright registration of a painting is a essential action to protect the rights of the creator. This helps prevent unauthorized use of the work, such as copying, displaying or distributing the painting without the owner’s consent.
When a painting is copyrighted, it signifies that the author has legal ownership of the work. If others want to use or copy the work, they must have the owner’s consent. In case of a dispute, the author or owner can prove their ownership through the Copyright Registration Certificate.
2. Legal provisions on copyright for paintings
- To be protected, works of art must satisfy the following conditions:
- First, works of art are works of artistic nature, expressing the individuality of the creator of the work.
- Second, Clause 7, Article 6 of Decree 17/2023/ND-CP stipulates a number of types as follows:
- Painting works: Lacquer paintings, oil paintings, gouache, watercolors, red paper and other materials.
- Graphic works: Woodcuts, metal engravings, rubber engravings, plaster engravings, monoprints, lithographs, screen printing, propaganda paintings, graphic designs and other materials.
- Sculptures; statues, monuments, reliefs, pedestals, symbolic blocks.
- Installation works and other forms of contemporary artistic expression.
- Paintings, sculptures, installations and other forms of contemporary art exist as unique copies. Graphic works can be expressed up to the 50th edition numbered with the author’s signature.
- Third, regarding the way the work is expressed, the works will be expressed in two-dimensional space (such as paintings, drawings, etchings, lithographs…) or two-dimensional space (such as sculptures, architectural works) regardless of content (realism or abstract…) and purpose (purely, artistic, advertising…).
- Application for copyright registration for paintings:
- Application for copyright registration for paintings according to Form No. 05 Appendix 1 issued with Decree 08/2023/TT-BVHTTDL.
- 02 copies of the work registered for copyright for the painting and 02 copies printed on A4 paper of the work signed or sealed by the author or owner.
- Author’s ID card/Citizen ID card.
- Authorization letter for VCD to carry out copyright registration procedures.
- Documents proving the right to submit.
- Consent letter of co-authors in case the work has co-authors.
- Consent letter of co-owners in case the copyright of the painting is jointly owned.
- Note: Documents in the application for copyright registration for the painting must be in Vietnamese. In case of foreign documents, they must be translated into Vietnamese and notarized and certified.
In case of loss and damage to the Certificate of copyright registration, the competent state agency will reissue this Certificate. If the re-issuance is rejected, the state copyright management agency must notify the applicant in writing, stating the reasons for the rejection.
Above is the article “Register copyright for paintings” that VCD sent to you. We hope this article is useful to you.
Sincerely,
