Hello Lawyer, can you tell me when the author is also the copyright owner? And according to the law, what rights do copyright owners have? I sincerely thank!
According to Vietnamese intellectual property law; Copyright holders are those who have power over the works they create or own, including authors and copyright holders. So the question arises when the author is also the copyright owner? Lawyer X would like to immediately answer the following:
Legal grounds
- Law on Intellectual Property 2005, amended and supplemented in 2009
- Decree 105/2006/ND-CP
- Decree 22/2018/ND-CP
What is an author?
According to Article 6 of Decree 22/2018/ND-CP recorded:
“The author is the person who directly creates a part; or whole literary, artistic or scientific works”.
Thus, in order to be recognized as an author and to have copyright protection for his work by law; the subject must be the one who performs creative activities to create the work. Through the use of supporting tools such as drawings, images, sounds; color, language, block movement, etc., the work bears the author’s personal imprint, most clearly expressing the thoughts; ideas and purposes that the author wants to convey to people.
Concept of copyright owner?
According to Article 36 of the Intellectual Property Law, a copyright owner is an “organization or individual holding a; some or all of the property rights specified in Article 20 of this Law”. The copyright owner may or may not be the author at the same time.
When is the author concurrently the copyright owner?
A copyright holder is also an author when:
Subjects are individuals or organizations that use their time, finance, material and technical facilities to create works. This is the case where the subject and the author directly create the work; being the subject of financial and other material contributions during the process before, during and after the work is completed; Therefore, the subject is both the author and the copyright owner for the work.
Copyright owner is not concurrently an author in one of the following cases:
Subject is an individual or organization that enters into a contract or assigns tasks to the author of the work. On the basis of financial investment, other physical conditions for creative work; These subjects are the ones who “order” for the author to create the work. Therefore, Vietnam’s intellectual property law has allowed these subjects to hold the rights to exploit and use property in terms of the work after the work is completed. The moral rights of the author still belong to the author who created the work according to the provisions of Article 19 of the Intellectual Property Law.
The subject is an individual or an organization that inherits property according to the law on inheritance. The basis for arising copyright ownership over works is that these subjects belong to the beneficiaries of inheritance according to the provisions of the Civil Code 2015 on the beneficiaries of inheritance. Accordingly, organizations and individuals that are entitled to inherit copyright are owners of property rights specified in Article 20 of the Intellectual Property Law; and moral rights are specified in Clause 3, Article 19 of the Intellectual Property Law.
- Subject is an individual or organization that has been assigned copyright. The basis for arising copyright ownership of a work is determined in accordance with the law on transfer of copyright ownership.
- The subject is the State. The State will be the subject of copyright ownership over the work when it is an anonymous work; The work is still within the protection period, but the copyright owner dies without an heir, the heir refuses to receive the estate; or are not entitled to the estate; The work is transferred by the copyright owner to the State.
What rights do co-authors have under the law?
The co-authors use their own time, finance, material and technical facilities; to co-create a work that shares the rights specified in Articles 19 and 20 of the Intellectual Property Law with respect to that work.
“Article 19. Moral rights
Moral rights include the following rights:
- Name the work;
- Put your real name or pseudonym on the work; be given a real name or a pseudonym when the work is published or used;
- Publish the work or allow others to publish the work;
- Protect the integrity of the work, prevent others from modifying or mutilating it; or misrepresent the work in any way that is prejudicial to the honor and reputation of the author.
Article 20. Property rights
- Property rights include the following rights:
a) Making derivative works;
b) Performing the work in public;
c) Copying works;
d) Distributing or importing originals or copies of works;
dd) Communicating works to the public by wire or radio means; electronic communication networks or any other technical means;
e) Renting out originals or copies of cinematographic works and computer programs.
- The rights specified in Clause 1 of this Article shall be vested in the author; exclusive performance copyright holders; or permit others to do so in accordance with this Law.3. Organizations and individuals when exploiting and using one or several; or all the rights specified in Clause 1 of this Article and Clause 3, Article 19 of this Law, must obtain permission and pay royalties, remunerations and other material benefits to the copyright holders.”
If the copyright is not registered, is the work protected?
Copyright registration is optional; according to the provisions of article 6, Intellectual Property Law, copyright arises from the time the work is created and is expressed in a certain material form; regardless of content, quality, form, means, language; published or unpublished, registered or unregistered.
Therefore, as soon as the work is completed and even though the copyright registration procedure has not been carried out, copyright will still arise from that point.
However, after carrying out the procedures for copyright registration, the author or owner of the work is granted a copyright certificate. This is a certification for the author’s creativity, well-deserved rewards, encouragement to work for creators; to help the creator of that work against acts of unauthorized use of his or her work: such as copying, or abusing the work without their consent.
Related article:
- Vietnamese law on copyright protection for journalistic works
- What does a logo copyright registration file include in Vietnam?
- Re-issuance of copyright registration certificate for foreign works
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Frequently asked questions
A fine ranging from VND 15,000,000 to VND 35,000,000 shall be imposed for copying works without permission of the copyright owner.
in addition, Forced removal of copies of infringing works in electronic form, on the Internet and digital environment or forcible destruction of infringing material evidences.
The State is the copyright owner for the following works:
– Anonymous works;
The work is still within the protection term, but the copyright owner dies without an heir, the heir refuses to receive the estate or is not entitled to the inheritance;
The work is transferred by the copyright owner to the State.
Conclusion: So the above is When is the author concurrently the copyright owner in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
