In the current digital age, protecting the rights of works of art, especially photographic works, is becoming increasingly important. Photographic works are not simply pictures but also creative expressions of the artist, recording moments and emotions in life. Registering copyright for these works not only helps establish legal ownership but also protects the spiritual values and intellectual property of the author. So how to register copyright for photos? The following article from VCD will help you.
1. What is copyright for photographic works?
According to Clause 2, Article 4 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019), copyright is the right of organizations and individuals to works they create or own.
In which, the subject of copyright includes literary, artistic, scientific works; the subject of rights related to copyright includes performances, sound recordings, video recordings, broadcasts, satellite signals carrying encrypted programs. Photographic works are an art form in which images are created using cameras to record objects, scenes or events in the real world, expressing the creativity and vision of the artist.
Photographic works are the creation of images by the action of light with film or light-sensitive equipment. Photography is used with special technical equipment to record images through light reflected from objects through light.
Therefore, when registering copyright for photographic works, it will be a type of copyright registration for photographic works. Accordingly, photographic works will be protected as photographic works.
Copyright of photographic works is the recognition of copyright for images expressed in the form of photographic works, which is the legal right that the author or owner has to the images they have created. This right includes property rights and personal rights.
2. Why is it necessary to register copyright for photographs?
Registering copyright for photographic works brings the following benefits:
- First, when the Copyright Office issues a registration certificate, only the author or owner has the right to use the work in Vietnam. Any act of using the work without the permission of the owner will be considered an infringement of copyright. Therefore, registration helps the author protect his/her legal rights to the photographic work, creating a legal basis in case of disputes or infringement by a third party.
- Second, the legal protection period is very long, lasting throughout the author’s life and can be protected even after the author’s death. This is different from industrial property certificates such as trademarks or logos, which are only valid for 10 years and can be extended if the applicant submits a request to the competent authority.
- Finally, the author and owner not only have property rights such as distributing and importing the original or copy of the work, but also have personal rights, including naming the work and using the real name or pen name when publishing.
3. Application for copyright registration for photographic works
The application must include the following documents:
- Copyright registration form: According to the form prescribed in Circular 08/2023/TT-BVHTTDL.
- Copies of the work: 02 copies printed on A4 paper with the signature or seal of the author and owner.
- Documents proving ownership: Such as Business Registration Certificate, Decision on Assignment of Work, or Declaration.
- Power of Attorney for VCD to carry out the procedure, if you do not submit the application yourself.
- Consent of co-authors: In case the work has multiple co-authors.
- Consent of co-owners: If the copyright is jointly owned.
Note: The application form must be filled in correctly according to the instructions of Circular 08/2023/TT-BVHTTDL, including the name of the work, type of work, completion date, description of the work, and the most accurate information of the author, owner as well as the applicant.
In addition, the following points should be noted:
- First, according to current legal regulations, copyright for photographic works will be protected for 75 years from the date the work is first published. If the work has not been published within 25 years from the date of its formation, the protection period will be extended to 100 years from the date of its formation.
- Second, according to Article 4 of Circular 211/2016/TT-BTC, the fee for photographic and photographic works is VND 100,000. This fee must be paid when you are granted a certificate and submitted to the Copyright Office.
The above is the article “Register copyright for photographs” that VCD sent to you. We hope this article is useful to you.
Sincerely,
