Reading the news has always been the spiritual food of Vietnamese people. Over time and with the development of the times, news in newspapers is gradually transformed into websites to help readers easily access and grasp information. However, this is also a painful situation when many articles today are often violated by copyright such as: copying, stealing… According to the provisions of current Intellectual Property law, works Journalism is one of the forms protected by copyright. Therefore, what issues should you pay attention to in the form of copyright registration declaration for journalistic works? Please follow VCD’s article below.
1. What is a journalistic work?
According to Clause 7, Article 3 of the current Consolidated Document of the Press Law: “A journalistic work is the smallest constitutive unit of a journalistic product, with independent content and complete structure, including news and articles presented in expressed in writing, sound or image.”
In addition, Clause 3, Article 6 of Decree 17/2023/ND-CP detailing several articles and measures to implement the Intellectual Property Law on copyright and related rights has the following provisions: “Author Journalistic works specified in Point c, Clause 1, Article 14 of the Intellectual Property Law are works with independent content and complete structure, including the following genres: Reportage, notes, reports, interviews, reflection, investigation, commentary, editorial, treatise, journalism and other types of journalism intended to be published or broadcast in print, audio, visual, electronic or other media.”
Each work in general and journalistic work in particular is created from enthusiasm, and creativity and expresses core human spiritual values. Therefore, this type of work becomes one of the subjects protected by copyright according to the provisions of Point C, Clause 1, Article 14 of the Intellectual Property Law.
2. Basis for rising copyright
According to the provisions of Clause 1, Article 6 of the Intellectual Property Law, “Copyright rights arise from the moment the work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered.”
According to this regulation, copyright arises from the moment a journalistic work is created and expressed in a certain material form. This means that all issues arise when the journalistic work is saved in any form, medium, or language, whether published or unpublished, registered with copyright or unregistered. Therefore, the appearance of a work is the basis for copyright and this right needs to be respected and protected.
3. Copyright registration documents
To register the copyright owner of a work, the author needs to prepare the following documents and records:
- Copyright registration declaration (according to the corresponding form in Circular 08/2023/TT-BVHTTDL dated June 2, 2023, Circular stipulating forms for copyright and related rights registration activities). The declaration must be made in Vietnamese and signed by the author, copyright owner, related rights owner, or person authorized to apply. The declaration must contain complete information about the applicant, author, copyright owner, or related rights owner. The declaration must contain a summary of the content of the work, performance, audio recording, video recording, or broadcast; author’s name, work used as a derivative work if the work is registered as a derivative work; time, place, and form of announcement; Commitment to responsibility for the information stated in the application.
- Two copies of the copyrighted work:
01 copy is kept at the Copyright Office and 01 copy is stamped with the Registration Certificate number and returned to the subject to whom the Registration Certificate was issued.
For works with unique characteristics such as paintings, statues, monuments, reliefs, and monumental paintings associated with architectural works; works that are too large and bulky, three-dimensional photographs replace copies of registered works.
- For written works: 02 volumes on A4 paper with page numbers and author’s signature on each page or company seal;
- For computer programs: 02 printed copies of source code + software interface on A4 paper + 02 CDs with source code content and interface on them;
- For works of applied art: 02 copies printed on A4 paper of the work with the signature or stamp of the author or owner of the work;
- For musical works: 02 printed copies of music + lyrics or audio recording (recording) in case of recording;
- For architectural works: 02 drawings on A3 paper
- Power of attorney or authorization contract, in case the authorizing party is an individual, the authorization document must be authenticated according to the provisions of law.
- Documents proving the right to apply;
- Written consent of the co-authors, if the work has co-authors;
- Written consent of the co-owners, if the copyright is jointly owned.
- Identity card or citizen identification card of the author or owner of the work;
- Copy of the company’s Business Registration Certificate (if the owner is a company).
All documents submitted with the copyright registration application must be made in Vietnamese; if made in a foreign language, they must be translated into Vietnamese and notarized or authenticated.
4. Form of declaration for registration of copyright for journalistic works
According to Point a, Clause 1, Article 3 of Circular 08/2023/TT-BVHTTDL stipulating forms for copyright and related rights, the copyright registration declaration for journalistic works will be form no. 01.
For journalistic works, when registering a copyright, the author or copyright owner of the work must write down correct information about the work such as the title of the work, date of completion of the work, and publication of the work… and importantly, the main content of the work.
In the main content of the work, author and copyright owner of that journalistic work need to summarize the main content of the work and clearly state the number of parts and pages of the work. One thing to note here is that the name of the work in the declaration and the name of the work in the printed explanation need to match.
In addition, information about the author, information about the copyright owner, the basis on which the rights arise, and the authorized party submitting the registration dossier (if any) must be accurate and match the requirements. documents submitted with the application.
Above is the article: “Sample declaration for copyright registration for journalistic works”. I hope this article will help you.
