Copyright, the foundation for protecting intellectual creations, plays a key role in encouraging innovation and cultural development. However, the copyright registration process can sometimes become complicated, requiring an understanding of legal regulations. In cases where the copyright owner cannot directly carry out the registration procedure, authorizing a third party becomes an effective solution. So, when is this authorization necessary, and what role does the power of attorney play in the registration process? VCD’s article “When is a Power of Attorney required for a Copyright Application?” below will help you.
1. What is a Power of Attorney?
A Power of Attorney is a legal document recording the authorizing person appointing an authorized person to represent the authorizing person to perform one or more tasks within the scope specified in the power of attorney.
Authorization can take many forms: it can be verbal authorization or written authorization, but the most commonly recognized and popular form is written authorization. Authorization documents can be divided into two types: Power of Attorney and Authorization Contract.
Authorization can be a unilateral or bilateral legal act, the power of attorney is the result of a unilateral legal act, and the authorization contract is the result of a bilateral legal act. Although the current 2015 Civil Code only has detailed regulations on authorization contracts, the form of authorization is still widely used and recognized as legally valid in practice.
2. When does a copyright registration application require a power of attorney?
According to Clause 1, Article 50 of the 2005 Law on Intellectual Property (amended and supplemented in 2009 and 2019): Authors and copyright owners may directly or authorize other organizations or individuals to submit applications for copyright and related rights. The application for copyright protection must include the following legal documents specified in Clause 2:
- Copyright registration form as prescribed by the Ministry of Culture, Sports and Tourism.
- Two copies of the work for copyright registration
- Power of attorney, if the applicant is an authorized person
- Documents proving the right to submit the application
- Consent of co-authors, if the work has co-authors
- Consent of co-owners, if the copyright is jointly owned
A copyright authorization is an important legal document, allowing a designated individual or organization to register and protect copyright. When an author is unable or unwilling to register a copyright himself, he or she may use a copyright authorization letter to authorize another individual or organization to handle the registration process for him or her.
The Intellectual Property Law and related guiding documents also allow authors, copyright owners, and related rights owners to directly or authorize other organizations or individuals to submit copyright registration applications. Thus, in the case of submitting applications through other organizations or individuals, the copyright registration application must include a power of attorney established in accordance with the provisions of the Civil Law.
Accordingly, the application for copyright registration or related rights registration through authorization must include a power of attorney. The power of attorney must specify the contact information of the authorizing party and the authorized party; the name of the work, performance, audio recording, video recording, or broadcast program; the scope of authorization; and the duration of authorization.
In case an organization authorizes an organization to submit the application, notarization is not required. In case the authorizing party is an individual, the authorization document must be notarized in accordance with the provisions of law. (Clause 6, Article 39, Decree 17/2023)
In addition, in case the author, copyright owner, or related rights owner is a foreign individual not residing in Vietnam, or a foreign organization without a headquarters, representative office, or branch in Vietnam, the application for copyright registration or related rights registration must be submitted directly through the Level 4 Online Public Service Portal or through authorization to a copyright and related rights consulting and service organization in Vietnam.
Currently, the law does not have regulations on the term of the author’s authorization. Normally, the term of the copyright authorization is agreed upon by the parties. To understand the exact way to make a power of attorney, or the regulations surrounding this issue, you can contact VCD directly so that our team of lawyers and legal experts can support you quickly.
Above is the article “ When is a Power of Attorney required for a Copyright Application?” that VCD sent to you. We hope this article is useful to you.
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