Copyright registration means that a competent state agency recognizes the copyright of the person who creates or owns the work; with the recognition of the title, the moral and property rights of the copyright holders will be protected by law; If other subjects commit acts of infringing copyright, they will be handled in accordance with the law. LSX Lawfirm will give you an article about: “Conditions for copyright registration in Vietnam”, as follows:
Legal grounds
Intellectual Property Law – Consolidated Document 07/VBHN-VPQH 2019
Conditions for copyright registration in Vietnam
General conditions
To be registered for copyright, a work must meet certain copyright protection conditions below:
- Firstly, the work must be creative: it directly created by the author, not to copy other people’s work;
- Need expressed in a certain physical form. For example, works of stories and poems presented in the form of written pages; Cinematographic works expressed in the form of films.
Conditions on authors, copyright holders
As defined in Article 13 of the Intellectual Property Law, copyright holders and authors have full conditions for copyright protection including:
- Is the person who directly created the work and is also the owner
- Only Vietnamese and foreign individuals and organizations whose works published for the first time in Vietnam but have not yet published in any other country are eligible for copyright registration.
- Being a Vietnamese or foreign individual and organization whose work simultaneously published in Vietnam within 30 days from the date the work is first published in another country.
- So, being a foreign individual and organization whose work protected in Vietnam under the provisions of an international treaty on copyright to which the Socialist Republic of Vietnam is a contracting party.
Conditions of protection on the type of work
To be eligible for registration of copyright protection, a work must be subject to the types specified in Article 14 of the Intellectual Property Law, including:
- Firstly, Literary and scientific works, textbooks, textbooks and other works expressed in writing or other characters;
- Secondly, Lectures, speeches and other speeches;
- Thirdly, Press works;
- Then Musical works;
- Theater works;
- Then Cinematographic works and works created by similar methods (hereinafter referred to as cinematographic works);
- Visual and applied art works;
- Then Photographic works;
- Architectural works;
- Maps, diagrams, maps, drawings related to topography, architecture, scientific works;
- Literary and folk art works;
- Then Computer program, data collection.
- Derivative work (without prejudice to the copyright of the work used as a derivative work).
Subjects not eligible for copyright protection
In addition, works that are not subject to registration for copyright protection specified in Article 15 of the Intellectual Property Law include:
- Firstly, news is purely news reporting.
- Secondly, Legal documents, other documents in the judicial domain, administrative documents and official translations of such documents.
- Thirdly, Process, system, method of operation, principle, concept, data.
Dossier for copyright registration
To register copyright, the author needs to prepare the following documents and records:
- Declaration of copyright registration.
- Two copies of copyrighted work.
- 01 copy kept at the Copyright Office. 01 copy stamped with the registration certificate number returned to the holder of the Certificate of Registration.
- For works with particular characteristics such as paintings, statues, monuments, reliefs, monumental paintings associated with architectural works; works that are too large and cumbersome, the registered copy of the work replaced by a three-dimensional photograph.
- Power of Attorney, if the applicant is an authorized person;
- Documents proving the right to apply;
- So, Written consent of co-authors, if the work has co-authors;
- Written consent of the co-owners, if the copyright jointly owned.
- Notarized identity card of the author or owner of the work;
- Notarized copy of the company’s business registration certificate (if the owner is a company).
- All documents submitted with the copyright registration application made in Vietnamese. In case the work done in a foreign language, it translated into Vietnamese and notarized/certified. The documents attached to the dossier, if they are copies, notarized or authenticated.
Procedures for copyright registration
Step 1: Determine the type of work registered
So, after completing the work, the owner, the author determines the type of work intended copyrighted.
Step 2: Prepare documents for copyright registration
After determining the type of work intended copyrighted, the owner and author of the work proceed to compile a copyright registration dossier according to regulations.
Step 3: Submit application for copyright registration
Submit directly to the Copyright Office at the following addresses:
Copyright Office: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi.
Then Representative office in the city. Ho Chi Minh: No. 170 Nguyen Dinh Chieu, Ward 6, District 3, City. Ho Chi Minh.
Representative office in the city. Da Nang: No. 58 Phan Chu Trinh, Hai Chau District, Da Nang City.
Submit by post to the two addresses listed above.
Step 4: The Copyright Office appraises and issues the Certificate
So, within 15 working days from the date of receipt of a valid dossier, the Copyright Office is responsible for granting a certificate of copyright registration.
In case of refusal, the Copyright Office must notify in writing the applicant.
You can also refer to the article related to Register copyright of songs translated from foreign languages in accordance with the law of Vietnam or Register copyright of Facebook videos according to the latest regulations of Vietnam law.
Related questions
Pursuant to Clause 2, Article 4 of the Intellectual Property Law, copyright is the right of an organization or individual to a work they create or own.
Copyright arises from the time a work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or not. father, registered or unregistered.
Although copyright registration is not required, if an individual or organization is an author who has registered copyright/related rights with the Copyright Office – literature and art will bring a lot of benefits. It is convenient when a dispute occurs and is the basis for confirming the time when the copyright and the work owner’s rights arise.
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.
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