Paper calendars, with their diverse and eye-catching designs, are products that reflect the personal mark of the creator. However, the illegal copying of calendar designs is becoming more and more popular, causing serious damage to the rights of designers. In that context, understanding the copyright of paper calendars and the importance of copyright registration is very necessary. The following article from VCD will help you.
1. Are paper calendars copyrighted works?
A paper calendar is a printed product that not only helps keep track of time and dates of the year but also acts as an attractive and effective decorative item for advertising. When printed with a company logo, a paper calendar can convey a strong brand image. This product is often designed in the form of separate or continuous calendar sheets, printed on paper and comes in many different forms, such as desk calendars, block calendars, and wall calendars.
Copyright, or authorship, is an important legal concept that protects the rights of creators to the intellectual works they produce. In other words, when you create a work such as a song, poem, painting, photograph, video, software, etc., you register the copyright and will be protected by law for the ownership of that work.
According to the Law on Intellectual Property, calendars can be classified into the group of “Works of fine art, applied art” as prescribed in Article 14.1 of the Law on Intellectual Property and Article 6 of Decree 17/2023/ND-CP for the following reasons:
- Useful features: Desk calendars are expressed by lines, colors, shapes and layouts, serving the purpose of viewing and tracking time.
- Attached to useful objects: Desk calendars can be combined with products such as calendars, desk memos and can be produced by hand or mass-produced.
- Graphic and artistic design: Desk calendars may include graphic design (such as logos, identities, packaging) or interior design, which is highly artistic.
- Aesthetic elements: Desk calendars are expressed in the form of aesthetic product shapes that are not easily reproduced by people with average knowledge in the field. Note that the external shape element is not protected if it is an essential requirement for the product to perform its function.
- Contains copyrighted images: Desk calendars may include copyrighted images, which add value to the work.
However, it should be noted that copyright only protects the form of the work, that is, the arrangement, layout and shape of the desk calendar, and not the content. Therefore, if someone else uses the date information to create their own desk calendar, this will not affect the copyright of the other desk calendar owner.
2. Paper calendar copyright registration dossier
According to Article 49.2 of the Law on Intellectual Property, submitting an application for a Certificate of Copyright Registration is not a mandatory procedure for enjoying copyright. This means that copyright for desk calendar works still arises without registration. However, copyright registration for desk calendars is carried out with the aim of preventing acts of infringement of desk calendar works such as: theft, copying, abuse, illegal display and distribution of desk calendars. Recording the names of authors on the copyright registration certificate is also an important legal basis to prove the author’s rights to desk calendar works, protecting the interests of creators when there are disputes over copyright or violations occur.
The application for copyright registration for a desk calendar includes the following documents:
- Copyright registration form: Filled out according to the prescribed form, must have the signature or seal of the author, copyright owner, or related rights owner.
- Copy of work: Submit 02 copies of the registered work, including electronic copies. Each copy must be printed on A4 paper and have the signature or seal of the author or owner.
- Power of attorney: A power of attorney is required for VCD to carry out the registration procedure.
- Legal documents: Provide 01 copy of CCCD/ID card/Business registration certificate, Establishment license or Establishment decision.
- Documents proving the right to submit an application: Including:
- Assignment of tasks.
- Creative contract (original or notarized, certified copy).
- Inheritance document (notarized, certified).
- Copyright transfer contract.
- Author’s commitment: If the author is not the copyright owner, there must be a written commitment to self-creation and to be legally responsible for this content.
- Consent of co-authors: If the work has multiple authors, there must be written consent of all co-authors.
- Consent of co-owners: If the copyright is jointly owned, there must be written consent of co-owners.
- Consent of the person with the image: If the work uses another person’s image, there must be written consent of that person according to the provisions of law.
The above is the article “ Register the copyright for the paper calendar” that VCD sends to you. We hope this article is useful to you.
Sincerely,
