Tiếng Việt
In principle, to enforce a copyright, copyright registration is not required. However, a certificate of copyright registration is persuasive proof of protection, especially when copyright infringements in Vietnam happen very often, in both printed and digital platforms. The article below shall illustrate what copyright registration in Vietnam is.
Read more: Guide to register Copyright in Vietnam
Mục lục
What is copyright?
Copyrights are the rights of organizations, individuals to works created or owned by them, include:
– Copyrights Owner is an author;
– Copyrights Owner is a co-author;
– Copyrights Owner is an organization, or individual that assigns a duty to or contract with an author;
– Copyrights Owner is an heir;
– Copyrights Owner is a copyrights assignee;
– Copyright owner is the State.
When is copyright created?
According to Article 6.1 of IP Law, Copyrights shall arise at the moment when a work is created and expressed in a certain material form regardless of its content, quality, form, mean, language, whether or not it has been published or registered.
So, a work is automatically protected in Vietnam without having to register with competent authority. On the other hand, the certificate of copyright registration is persuasive proof of protection.
What can be copyright registration?
Under Article 14 of IP Law: Literary, artistic and scientific works protected including:
a) Literary and scientific works, textbooks, teaching materials, and other works expressed in forms of letters or other writing characters;
b) Lectures, presentations and other speeches;
c) Journalistic works;
d) Musical works;
d’) Dramatic works;
e) Cinematographic works and works created by similar methods
g) Fine art works and applied art works;
h) Photographic works;
i) Architectural works;
k) Graphics, sketches, maps, drawings relevant to topography and scientific works;
l) Folk artistic and literary works.
m) Computer programs and compilations of data
Protected works must be created directly by author’s intelligence without reproducing others’ works.
Application for copyright registration
– A declaration form for registration of the copyrights;
– 02 copies of the work applied for copyrights registration;
– A power of attorney in case the applicant is an empowered person;
– Documents evidencing the right to file an application if the applicant acquires that right from another person as a result of inheritance, transfer or assignment;
– A document of agreement of all co-authors if the work has co-authors;
– A document of agreement of all co-owners if the copyrights belong to joint ownership.
Validity and term of copyrights
Copyright Registration Certificates or Related Rights Registration Certificates shall be effective in the whole territory of Vietnam
The following rights are protected forever:
-Right to give titles to their works.
-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.
-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.
The following rights are protected within the stipulated duration (Article 27 of IP Law):
– Publish his or her work or authorize another person to do so;
– Protect the integrity of his or her work, to object to any alteration, mutilation, distortion or other modification in any form which prejudice against his or her honor and prestige
– Property rights: Create the derivative work; Perform the work to the public…
The protection duration of each type of Work with the above rights shall be different. In particularly, cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. Other work shall be protected for the whole life of the author and for fifty (50) years after his or her death.
Why should you use our service?
With over 10 years of experience operating in the field of law with a team of experienced, enthusiastic personnel. LNP LAW is confident to bring the best service to customers in the fields of Investment, Intellectual Property, Business. The above article has summarized Copyright registration in Vietnam.
Customers wishing to register copyright in Vietnam will receive the services provided by LNP Law:
– Advice, support, answer your questions related to the copyright registration;
– Prepare and draft documents to file for copyright registration;
– Representing customers to submit documents, receive results, solve legal issues with the competent state agencies;
– Other jobs requested by customers.