The development trend of the world has been leading to global integration. It will not be strange when suddenly on the street or in a romantic cafe we hear the tune of a familiar foreign song through our “mother tongue”. So how will songs translated from foreign languages be protected? Regarding the copyright registration of songs translated from foreign languages. LSX Lawfirm will answer this question.
Law on Intellectual Property – Consolidated Document 07/VBHN-VPQH 2019 ;
Decree 22/2018/ND-CP ;
What is songs which translated from foreign languages ?
Translation is the product of language conversion from the source language to the target language to be translated. This language conversion process is translation; (also known as paper translation). Translations includes into two main categories: Content translations and Notarized translations.
Besides, translations of songs from foreign languages herein are considered derivative works. Clause 8, Article 4 of the Law on Intellectual Property also has provisions. Derivative works are works that translated from one language into another, works adapted, adapted, adapted, compiled, annotated or selected.
Thus, when the audience enjoys the derivative work, they will think of the original work because the derivative work inherits certain foundations of the original work such as content, melody, etc. Thereby, the translation of the above song is a translated work.
Conditions for copyright registration of songs translated from foreign languages
To register for copyright protection, a song translated from a foreign language must meet the following conditions:
Firstly, without prejudice to the copyright of the work. In order to protect a song translated from a foreign language, the first condition is that it does not harm the copyright of the work, including moral rights and property rights.
Secondly, must get the permission of the author, the copyright owner. Except for the case of translating the work into Braille or another language for the visually impaired; without the permission or consent of the author. All other acts of translating songs from foreign languages must have the permission of the author or copyright owner.
Thirdly, must bear the personal imprint of the author of the derivative work. A song translated from a foreign language must show a new creation bearing its author’s mark, but it must not infringe on the copyright of the author who created the original work and is not contrary to fine customs and traditions. Copyright arises since the song is translated from a foreign language; protected by law without registration.
Dossier for registration of copyright of songs translated from foreign languages
To carry out procedures for copyright registration of songs translated from foreign languages. You need to prepare 01 set of documents in accordance with current law. Specifically:
- Declaration of copyright registration;
- 02 copies of works registered for copyright;
- Power of Attorney, if the applicant is an authorized person;
- Documents proving the right to file an application, if the applicant enjoys that right of another person through inheritance, transfer or inheritance;
- Written consent of co-authors, if the work has co-authors;
- Written consent of the co-owners, if the copyright is jointly owned.
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Finally, hope this article Copyright registration of songs translated from foreign languages is useful for you.
If you want to rewrite the lyrics and use the music of that protected song. Permission must be obtained and payment of royalties, remuneration and other material benefits must be obtained to the copyright owner for this song.
Within 10 – 15 working days. The Copyright Office will issue a Certificate to the owner of the song translated from abroad.