Register copyright of songs translated from foreign languages in accordance with the law of Vietnam
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, today, LSX Lawfirm will give you an article about “Register copyright of songs translated from foreign languages in accordance with the law of Vietnam”, as follows:
Legal grounds
Law on Intellectual Property – Consolidated Document 07/VBHN-VPQH 2019;
Decree 22/2018/ND-CP;
Circular 211/2016/TT-BTC.
How are songs translated from foreign languages understood?
The translation is the product of language conversion from the source language to the target language to translated. This language conversion process called translation (also known as paper translation). Translations will divide into two main categories: Content translations and Notarized translations.
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 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, it can be understood that The translation of the above song is considered a translated work.
Conditions for copyright registration of songs translated from foreign languages
So 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 for a song translated from a foreign language to protected, the first condition must met 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 translated from a foreign language, protected by law without registration.
Procedures for copyright registration of songs translated from foreign languages
Dossier for registration of copyright of songs translated from foreign languages
So to carry out procedures for copyright registration of songs translated from foreign languages. You need to prepare 01 sets 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 then;
- 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 jointly owned then.
Procedure for registration of copyright of songs translated from foreign languages
Step 1: Submit your application
Authors and copyright holders directly or authorize other organizations and individuals to submit 1 set of copyright registration dossiers at the Ministry of Culture, Sports, and Tourism. Copyright Office or Representative Office of Copyright Office in Ho Chi Minh City, Da Nang City. Resumes can sent by post.
Step 2: Receive and process the application
Then Within 15 working days from the date of receipt of a valid application, the state management agency in charge of copyright is responsible for granting a certificate of copyright registration to the applicant. In case of refusal to grant a copyright registration certificate, the state management agency in charge of copyright must notify in writing the applicant.
Step 3: Return the result
Article 40 of Decree 22/2018/ND-CP stipulates that organizations and individuals obliged to pay fees when carrying out procedures for registration of copyright and related rights in accordance with the law. Specifically, the fee to paid when registering copyright works translated from musical works is 100,000 VND.
Consulting service of LSX Lawfirm
Above is the advice on “Register copyright of songs translated from foreign languages in accordance with the law of Vietnam“. Any questions about relevant legal proceedings. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
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 from the copyright owner for this song.
Rewriting lyrics from another work is considered a form of derivative work. According to the definition in Clause 8, Article 4 of the 2005 Intellectual Property Law, amended and supplemented in 2009, 2019. From a legal perspective, the right to make derivative works is one of the exclusive property rights of the copyright owner. Products. The case of arbitrarily rewriting lyrics without the permission of the copyright owner is an act of copyright infringement.
Within 10 – 15 working days. The Copyright Office will issue a certificate to the owner of the song translated from abroad.
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