What is Copyright? Detailed Differences Between Copyright and Author’s Rights
What is copyright and is it the same as author's rights? This is a question many individuals and businesses have when wanting to protect their intellectual property. Understanding what copyright is will help you determine the scope of legal protection and how to effectively protect your work. This article will explain copyright, the protected rights, how to distinguish it from author's rights, and common examples of infringement.
1. What is Copyright?
a. Definition of Copyright
Copyright is a term used to refer to the rights of an author or owner to a work they have created or legally own. The rights holder has the right to control the copying, distribution, publication, transmission, exploitation, and permission for others to use the work according to the law.
The concept of Copyright emerged around the 18th century, along with the development of the printing and publishing industry. The purpose of this mechanism is to protect the rights of creators while encouraging creative activity in the fields of literature, art, and science.
Today, copyright applies not only to books, music, or paintings but also extends to many other forms such as computer software, websites, graphic design, photos, videos, architecture, and many other creative works.
b. Copyright under Vietnamese Law
Although the term "copyright" is widely used in daily communication, Vietnamese Intellectual Property Law does not use this term but officially defines it as author's rights.
According to Clause 2, Article 4 of the Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.”
It can be seen that copyright is not only a concept of ownership rights over a work but also the basis for authors and owners to protect their creative achievements according to the law.
2. Are Copyright and Author's Rights the Same?
After understanding what copyright is, many people believe that copyright and author's rights are two completely different concepts. However, in the context of Vietnamese law, they are very closely related.
a. Origin of the Term (English-American and Continental European)
The term Copyright originated in the Anglo-American legal system, emphasizing the right to copy and exploit a work.
Meanwhile, countries following the Continental European civil law system use the concept of Author's Rights, focusing more on the personal rights of the creator. Vietnamese law is influenced by the Civil Law system, so it uses the term author's rights in legal documents.
In reality, the two terms "copyright" and "author's rights" are often used interchangeably. Therefore, when people say "copyright registration," they are essentially referring to registering author's rights according to Vietnamese law.
b. Similarities and Differences
Although often used interchangeably, "copyright" and "author's rights" still have some differences in terminology and usage. To avoid confusion, let's compare the similarities and differences between copyright and author's rights in the table below.
3. What does copyright protect?
According to the Intellectual Property Law, copyright comprises two basic groups of rights:
a. Moral Rights
According to Article 19 of the Intellectual Property Law, moral rights include:
- Naming the work;
- Using one's real name or pseudonym on the work;
- Publishing or authorizing the publication of the work;
- Protecting the integrity of the work, preventing others from modifying or distorting it in a way that affects the author's honor and reputation.
In particular, except for the right to publish the work, the remaining moral rights are protected indefinitely.
b. Property Rights
According to Article 20 of the Intellectual Property Law, copyright owners have property rights such as:
- Creating derivative works;
- Performing the work publicly;
- Copying the work;
- Distributing and importing the original or copies;
- Communicating the work to the public via the internet or other technical means;
- Renting the original or copies of computer programs and cinematographic works.
Therefore, understanding what copyright is will help authors and owners know how to exploit, transfer, and protect their rights in accordance with the law.
4. What subjects are protected by copyright?
An important content when learning what copyright is is determining which subjects are protected by law and which subjects are not within the scope of protection.
a. Types of protected works
According to Article 14 of the Intellectual Property Law, types of protected works include:
- Literary works;
- Books, textbooks;
- Lesson;
- Musical works;
- Theater works;
- Cinematographic works;
- Fine art works;
- Works of applied art;
- Photographic works;
- Architectural works;
- Map;
- Computer programs;
- Database;
- And other works in the fields of literature, art, and science.
The condition for protection is that the work must be directly created by the author and expressed in a certain material form.
b. Objects that are not protected (ideas, news, etc.)
According to Article 15 of the Intellectual Property Law, the following subjects are not covered by copyright protection:
- Pure news coverage;
- Legal documents;
- Administrative documents;
- Processes, systems, methods of operation;
- Concepts, principles;
- Data and ideas have not been expressed into works.
It can be seen that when learning what copyright is, it should be noted that the law only protects the form of expression of ideas, not the ideas, concepts or pure data themselves.
5. What is Copyright Infringement? Practical Examples
Understanding copyright helps identify acts of copyright infringement and avoid legal risks when using works. In reality, many seemingly harmless actions such as copying images, using background music, or sharing ebooks for free can be considered copyright infringement if done without the owner's permission.
a. Common Infringing Acts
According to Article 28 of the Intellectual Property Law, acts of copyright infringement may include:
- Copying works without permission;
- Uploading images and videos to social media without permission;
- Using copyrighted music for commercial purposes;
- Photocopying or scanning books for sale;
- Uploading films to pirated websites;
- Using unlicensed software;
- Modifying works in a way that affects the author's reputation.
Examples: A business uses a competitor's design images for advertising without permission, a shop prints an artist's artwork for commercial sale…
b. Sanctions for Violations
Depending on the severity of the violation, the organization or individual may be subject to:
- A requirement to immediately cease the copyright infringement.
- A requirement to issue a public apology and correction if it affects the legitimate rights and interests of the copyright holder.
- Responsibility to compensate for damages incurred as prescribed by law.
- Administrative penalties with fines corresponding to the nature and severity of the violation.
- If the act constitutes a crime, the violator may be prosecuted criminally.
6. Frequently Asked Questions about Copyright
a. Does copyright automatically arise?
Yes. According to Clause 1, Article 6 of the Intellectual Property Law, copyright arises from the moment a work is created and expressed in a certain tangible form, regardless of publication or registration. This means that the author is protected by law immediately after completing the work.
b. Is copyright registration mandatory?
It is not mandatory. However, registration will help the owner obtain a Certificate of Copyright Registration, facilitating the proof of ownership and dispute resolution. This is also why many businesses choose to register copyright immediately after completing a work.
Hopefully, the above article will help you understand what copyright is, its scope of protection, and the differences between copyright and author's rights according to Vietnamese law. If you want to learn more about the procedures, documents, and process of copyright registration, please refer to the article "Copyright Registration" by VCD for complete and updated guidance according to the latest regulations.