In the current context, the right to name a work has become an essential aspect, reflecting the creativity and unique personality of each author. Choosing a suitable title is not only an important step in the journey of bringing the work to the public, but also a way for the author to express his message and emotions. However, this right must also comply with legal regulations, in order to protect the rights of the author and ensure the legality of the work. The following article from VCD will help you.
1. Subjects with the right to name the work
According to Clause 1, Article 19 of the Law on Intellectual Property, it is stipulated as follows:
Article 19. Personal rights
Personal rights include:
1. Naming the work.
The author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of property rights as prescribed in Clause 1, Article 20 of this Law;
Therefore, there are two main subjects related to naming the work:
- Author of the work: The person who creates the work and has the right to name it.
- Organization or individual receiving the transfer of property rights: The person or organization to whom the author transfers property rights, including the right to name the work.
2. Requirements for naming a work.
Naming a work is understood as the selection and determination of a name for an artistic, literary, or scientific work. The name of a work not only helps to identify and distinguish the work from other works, but also reflects the content, ideas or messages that the author wants to convey.
Naming a work is one of the author’s personal rights, as stipulated in Clause 1, Article 19 of the 2005 Law on Intellectual Property, which was amended and supplemented in 2009, 2019, and 2022. This is very important for the author as well as the transferee of rights. The name of the work helps others identify and remember, while conveying the message and identifying the author’s brand. Although there is no mandatory requirement for naming, the person naming should be careful to avoid content that is contrary to ethics, customs, and superstition.
According to Clause 1, Article 14 of Decree 17/2023/ND-CP: “The right to name a work as prescribed in Clause 1, Article 19 of the Law on Intellectual Property shall not apply to works translated from one language to another. The naming of a work must not violate the provisions of Clause 2, Article 7 of the Law on Intellectual Property and relevant laws.”
Accordingly, the right to name a work as prescribed in Clause 1, Article 19 of the Law on Intellectual Property 2005 shall not apply to works translated from one language to another.
Thus, the author has the right to name his work, but this right shall not apply to works translated from one language to another. This is to protect the integrity of the original work. Therefore, you cannot arbitrarily change the name of your translated work.
According to Clause 3, Article 7 of the current Law on Intellectual Property, intellectual property rights may be limited in the following cases: “To ensure the goals of national defense, security, people’s livelihood and other interests of the State and society, the State has the right to prohibit or restrict intellectual property rights holders from exercising their rights or request them to allow other organizations and individuals to use one or several of their rights under appropriate conditions; the limitation of rights to inventions that are state secrets will be implemented according to Government regulations.” Therefore, in these cases, the author may have his/her right to name his/her work restricted.
According to Clause 1, Article 9 of Decree 131/2013/ND-CP, the penalty for the act of infringing the right to name and title a work is: A fine of VND 2,000,000 to VND 3,000,000 for the act of using a work without stating the real name, pen name of the author, the name of the work, or stating this information incorrectly on copies of the work, audio recordings, video recordings, and broadcast programs.
In addition, the violator must also take remedial measures, including:
- Publicly correcting incorrect information on mass media.
- Correcting the author’s name, the name of the work on copies, audio recordings, video recordings, and broadcast programs containing incorrect information.
Therefore, the penalty for the act of infringing the right to name a work is from VND 2,000,000 to VND 3,000,000.
With a team of experienced lawyers and legal experts, VCD provides legal services related to copyright. We advise and answer questions related to naming works, and participate in protecting the legal rights and interests of customers in disputes. VCD is committed to supporting customers effectively and professionally in all situations.
Above is the article “Regulations on naming works when registering copyright?” that VCD sends to you. We hope this article is useful to you.
Sincerely,
