01:06 | 27/08/2024

What are the required documents for copyright registration for artistic and photographic works in Vietnam?

"What are the required documents for copyright registration for artistic and photographic works in Vietnam?" - asked Mr. A.Q in Ha Nam.

Are artistic works and cinematographic works in Vietnam subject to copyright protection?

Under Clause 1, Article 14 of the Intellectual Property Law 2005, amended by Clause 5, Article 1, Law on Amendment to the Intellectual Property Law 2009, replaced by Point a, Clause 82, Article 1 of the Law on Amendment to the Intellectual Property Law 2022 regarding types of works subject to copyright protection:

Types of works subject to copyright protection

1. Literary, artistic, and scientific works protected include:

a) Literary, scientific works, textbooks, teaching materials, and other works expressed in written form or other characters;

b) Lectures, speeches, and other oral presentations;

c) Press works;

d) Musical works;

dd) Stage works;

e) Cinematographic works and works created by similar methods (hereinafter collectively referred to as cinematographic works);

g) Artistic, applied arts works;

h) Photographic works;

i) Architectural works;

k) Diagrams, plans, maps, and drawings related to topography, architecture, and scientific works;

l) Folk literature and art works;

m) Computer programs, data collections.

...

Thus, artistic and photographic works are subject to copyright protection under intellectual property law.

What documents are included in the copyright registration dossier for artistic works and photographic works?

What are the required documents for copyright registration for artistic and photographic works in Vietnam?

What are the required documents for copyright registration for artistic and photographic works in Vietnam?

Under Clause 2, Article 50 of the Intellectual Property Law 2005, amended by Clause 14, Article 1, Law on Amendment to the Intellectual Property Law 2022 regarding application for copyright and related rights registration:

Application for copyright and related rights registration

...

2. The application for copyright and related rights registration includes:

a) Copyright registration application form, or related rights registration form.

The application form must be written in Vietnamese and include complete information about the applicant, the author, the copyright owner, or the related rights owner; the time of completion; a summary of the content of the work, performance, sound recording, video recording, or broadcast program; the name of the author, the copyright owner, and the work used to create a derivative work if the registered work is a derivative work; time, place, and method of publication; information about re-issuance or replacement (if any), and a declaration of responsibility for the information provided in the form. The form must be signed or fingerprinted by the author, the copyright owner, or the related rights owner, except in cases where physical incapacity prevents signing or fingerprinting.

The Minister of Culture, Sports and Tourism shall stipulate the form of the copyright registration application or the related rights registration application;

b) Two copies of the work registered for copyright or two copies of the fixation registered for related rights;

c) A power of attorney, if the applicant is authorized;

d) Documents proving ownership through self-creation, assignment of creative tasks, conclusion of creative contracts, inheritance, or transfer of rights;

dd) Written agreement from co-authors, if the work has co-authors;

e) Written agreement from co-owners, if the copyright or related rights are jointly owned.

Thus, the required documents for copyright registration for artistic and photographic works in Vietnam include:

- The copyright registration application form for photographic works or artistic works;

- 02 copies of the work registered for copyright;

- Power of attorney (if the applicant is authorized by the author);

- Documents proving ownership through self-creation, assignment of creative tasks, conclusion of creative contracts, inheritance, or transfer of rights;

- Written agreement from co-authors if the work has co-authors;

- Written agreement from co-owners if the copyright is jointly owned.

What are the conditions for copyright protection for photographic works and artistic works?

Under Clause 3, Article 14 of the Intellectual Property Law 2005, amended by Clause 5, Article 1, Law on Amendment to the Intellectual Property Law 2009 regarding types of works subject to copyright protection:

Types of works subject to copyright protection

...

3. The works protected stipulated in Clauses 1 and 2 of this Article must be directly created by the author's intellectual labor without copying from other people's works.

...

Thus, to be eligible for copyright protection, an artistic works or photographic work must be created through the author's own intellectual labor without any form of copying from other works.

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