THE PROCESS OF IMPLEMENTATION OF COPYRIGHT REGISTRATION SERVICES
The copyright registration procedure is the process of requesting the Copyright Office to issue a copyright registration certificate to the author or owner of the work. Accordingly, Vietnam Copyright Development Joint Stock Company (“Vietnam Copyright“) will share copyright registration procedures and the process of implementing copyright posting services at Vietnam Copyright with Clients.
What is Copyright Registration?
According to the provisions of Clause 2, Article 4 of the current Intellectual Property Law stipulates: “Copyright is the right of organizations and individuals to works created or owned“.
Copyright registration is the submission of dossiers by authors, and copyright owners, to competent state agencies to record information about authors, works, and copyright owners.
Organizations and individuals that have been granted copyright registration certificates are not obliged to prove that copyright belongs to them when there is a dispute unless there is evidence to the contrary.
Vietnam Copyright is a copyright consulting and service organization established and operating by the provisions of Vietnamese law. Vietnam Copyright will carry out the following activities at the request of the author and copyright owner:
- Advising on issues related to the provisions of the law on copyright, copyright registration; and
- On behalf of the author, the copyright owner shall carry out the procedure for applying for registration of copyright and related rights as authorized.
Subjects covered by copyright registration
Under the provisions of Article 14 of the Law on Intellectual Property 2005, amended Clause 5, Article 1 of the Amended Law on Intellectual Property 2009, the subjects to be registered for copyright are literary, artistic, and scientific works. Specifically, these include:
- Literary works, scientific works, textbooks, teaching courses, and other works expressed in written language or other characters;
- Lectures, addresses, and other speeches;
- Pressworks;
- Musical works;
- Stage works;
- Cinematographic works and works created by a process analogous to cinematography (hereinafter all referred to as cinematographic works);
- Plastic artworks and applied artworks;
- Photographic works;
- Architectural works;
- Sketches, plans, maps, and drawings related to topography or scientific works;
- Folklore and folk artworks;
- Computer programs and data collections
Thus, for works of one of the above types authored by the Client, the copyright owner will be the subject of copyright registration. When the Client wishes to register the copyright, it is necessary to check whether the work is subject to copyright registration or not and what type of registration is appropriate
The implementation of the copyright registration process by Vietnam Copyright
Step 1: Vietnam Copyright receives information and quotes
- Vietnam Copyright exchanges and receives Client requests;
- Vietnam Copyright advises Clients to register a valid and cost-effective image. According to the law, the type of copyrighted work will be divided into many different subjects and depending on each work will be registered in the corresponding form.
- Vietnam Copyright sends Clients a quote. In case the Client agrees to the quotation, Vietnam Copyright and the Client will sign a Service Contract.
- Vietnam Copyright turns bright Step 2: deploy copyright registration for Clients according to the content and time agreed in the contract
Step 2: Vietnam Copyright deploys copyright registration for Clients
Vietnam Copyright will send the Client a list of documents that the Client needs to provide for each type of registration.
- Certified copies of the ID/CCCD of the author and co-authors;
- Certified copies of IDs/CCCDs of individuals whose images appear in the work;
- Certified copy of ID/CCCD of the copyright owner (in case it is an individual);
- Certificate of business registration of the copyright owner (in case it is a legal entity);
- The original document certifies the right to submit the application in case the applicant is inherited, transferred…
- 02 copies of registered works.
Vietnam Copyright will proceed to draft a valid dossier.
- Declaration of copyright registration according to the form of the Copyright Office;
- Power of attorney or authorization contract (Authorization for Vietnam Copyright to represent copyright registration) – a form provided by Vietnam Copyright;
- The written agreement between authors in case the work has multiple authors;
- Affidavits of the author and co-authors (if any);
- In case the copyrighted work is jointly owned, a certificate of the consent of other co-owners will be required;
- Decide to assign work in case the owner registers as a legal entity or contracts to hire another party to compose the work.
Vietnam Copyright represents Clients to submit documents, receive documents, and pay fees
- After the Client completes the signing of the dossier, Vietnam Copyright represents the Client to submit the dossier to the Copyright Office.
- At the same time, Vietnam Copyright will represent Clients to exchange and explain documents to competent authorities.
- Within 15 working days from the date of receipt of the dossier duly accepted by the Copyright Office, the Copyright Office shall issue a Copyright Registration Certificate to the Client. Vietnam Copyright will receive the copyright registration certificate on behalf of you; and
- Vietnam Copyright will pay the copyright registration fee on behalf of the Client at the Copyright Office.
With a team of experienced professionals, Vietnam Copyright provides a full copyright registration service. More than anyone else, we understand that Clients require a reputable consulting unit that is committed and brings solutions that maximize benefits. And Vietnam Copyright believes that it will meet the needs of Clients.