When having musical work, it is important to protect the work legally; and in order to protect it, the author must carry out the procedure following the law. So, what is the procedure for registering song copyright in Vietnam? Let’s find out with LSX!
- 2005 Intellectual Property Law
- Decree 22/2018/ND-CP
What is musical works’ copyright?
Accordingly, song copyright or musical work is a piece of music or musical structure of a piece of music; then a complete musical work is usually combined by 03 elements: melody, harmony, rhythm. Authors of musical works are usually musicians, who have expertise and knowledge in the field of music (composers) to create works of art. The copyright of the song of course belongs to the creator of the work, but registering the copyright with the state agency is the way to affirm the authors’ rights to the music they create.
Dossier for registering song copyright
- Declaration of copyright registration
- Two copies of a copyright-registered work or two copies of a related right-registered subject matter fixation
- Power of attorney, if the applicant is an authorized person
- Documents proving the right to file an application; in case the applicant enjoys that right of another person through inheritance, transfer or inheritance
- Written consent of co-authors, in case the work has co-authors
Procedure for registering song copyright
Step 1: Submit the dossier
Firstly, the applicant shall prepare the dossier as mentioned; then, they could submit it to the Department of Intellectual Property.
Step 2: Receive the Certificate
Then, within fifteen working days from the date of receipt of a valid application, the state management agency in charge of copyright and related rights shall issue a certificate of copyright registration.
In case of refusal to issue a Copyright Registration Certificate or Related Rights Registration Certificate, the state management agency in charge of copyright and related rights must notify in writing the applicant.
Yes, he/she can. According to the provision of law, if foreigners surpass the condition of the copyright holder, they can register for copyright.
Accordingly, the fee may vary from VND 100,000 to VND 600,000; depending on different objects.
To be registered for copyright, a work must meet certain copyright protection conditions as follows:
– The work must be creative: it must be directly created by the author and is not allowed to copy other people’s work
– Must be expressed in certain physical forms.