In today’s reality, the creation and exploitation of works is increasingly common, from writing articles and designing images to developing software or digital content. However, not everyone understands what constitutes “creativity” from a legal perspective, leading to many misunderstandings, such as believing that simply having a new idea or modifying existing content is sufficient to be considered creative. So, “What is the legal nature of “creativity” in copyright?”, this VCD article will help you.
How is “creativity” understood in copyright?
According to Clause 1, Article 14 and Clause 1, Article 6 of the Vietnamese Intellectual Property Law, copyright arises for literary, artistic, and scientific works from the moment the work is created and expressed in a certain physical form, regardless of registration or publication. This regulation shows that “creativity” is a legal condition linked to the formation of a work.
From a legal perspective, “creativity” is understood as the independent intellectual labor process of the author to create a specific work, not merely the arising of ideas in thought. A work is considered to have creative elements when it meets the following criteria:
- It is the direct intellectual activity of the author: the work must be the result of the author’s thinking, choices, and expression, not a copy of an existing work.
- It is expressed in a certain tangible form: for example, written text, painted pictures, recorded music, designed as a graphic file, programmed as software source code… Only when the work has been expressed externally is it recognized by law as an object of protection.
- Bearing the personal imprint of the creator: this personal imprint is expressed through the author’s choice of content, presentation, arrangement, or unique way of expression.
The legal nature of “creativity” in copyright
According to Clause 1, Article 6 of the Vietnamese Intellectual Property Law, copyright arises when a work is created and expressed in a certain tangible form. This regulation shows that the element of “creativity” is not only a characteristic of the work but also a prerequisite for the formation of copyright.
In addition, the law also clearly stipulates that certain objects are not protected by copyright, including non-creative content such as purely factual news, legal documents, processes, systems, operating methods, or mere data. These objects are primarily informational or general in nature, lacking the personal imprint of the creator, and therefore are not considered works in the legal sense.
Considering “creativity” as a core condition also helps distinguish between legitimate creative acts and unauthorized copying. In practice, many copyright disputes arise from an individual or organization using another’s work and claiming to have “modified” or “re-edited” it. However, if such modification does not create new content with a unique imprint but only minor changes in form or wording, it can still be considered copying and copyright infringement.
Another important aspect is that the creative element does not depend on the artistic or commercial value of the work. A simple work, without significant economic value, can still be protected if it is created independently. Conversely, a product with high commercial value but copied from another person’s work is still not considered to have creative elements according to the law.
The practical significance of understanding the true nature of “creativity”
Understanding the legal nature of “creativity” is crucial in accurately determining who is the legitimate author of a work. According to the Vietnamese Intellectual Property Law, the author is the person who directly creates the work. Therefore, in practice, not everyone involved in the creation of a work is considered the author. The person who directly creates the specific content of the work is usually identified as the author, while those who only offer suggestions, technical support, or provide general ideas are generally not considered authors unless they directly participate in expressing the content.
Furthermore, understanding the true nature of “creativity” helps to limit the risk of copyright infringement when using another person’s work. In practice, many believe that simply changing a few minor details or modifying the form is enough to create a new work. However, if the core content of the work remains unchanged, this act can still be considered unauthorized copying. Therefore, a proper understanding of creative elements helps individuals and organizations be more cautious when exploiting, modifying, or reusing the work of others.
Furthermore, a proper understanding of the nature of “creativity” also helps improve the effectiveness of copyright registration and protection. When carrying out the registration procedure, clearly demonstrating the creation process of the work and the author’s unique mark will create a favorable basis for reviewing the application, and at the same time help protect the author’s rights in case of disputes. Simultaneously, a correct understanding of the creative element also contributes to building a healthy creative environment, encouraging respect for and protection of the value of intellectual labor in society.
The above is the article “The legal nature of “creativity” in copyright” that VCD has sent to you. We hope this article is useful to you.
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FAQ
No. According to the Vietnamese Intellectual Property Law, a purely creative idea is not protected by copyright. Only when an idea is expressed as a concrete work in a specific physical form is it considered the result of creative activity and can be protected.
Not every modification is considered a new creation. If the modifications are minor, do not create new content with a unique mark, and still retain the core content of the original work, it can still be considered plagiarism and may infringe on copyright.