File for Registration of Copyright for Works in the Architectural Category: What Documents Are Included?
What documents are included in the copyright registration dossier for works of architecture?
According to Clause 1, Article 38 Decree 17/2023/ND-CP stipulating the submission of the copyright registration dossier.
The composition of the dossier for the procedure of issuing a Copyright Registration Certificate, Related Rights Registration Certificate as specified in Clause 2, Article 50 Law on Intellectual Property 2005 includes:
- The copyright registration declaration, related rights registration (according to the form) signed or fingerprinted by the author, the copyright owner, or the related rights owner, except where they are physically unable to sign or fingerprint.
- 02 copies of the work (including electronic copies) or 02 copies of the fixed performance, audio, video recording, or broadcast program.
- Power of attorney document if the applicant is authorized by the author, copyright owner, or related rights owner as specified in Clause 6, Article 38 Decree 17/2023/ND-CP.
- Documents proving the ownership rights:
Documents proving personal identity for individuals: 01 copy of Identity Card, Citizen Card, or Passport.
Documents proving legal status for organizations: 01 copy of the Business Registration Certificate, Establishment License, or Establishment Decision.
Documents proving ownership rights due to assignment of the creative task: the task assignment decision or confirmation of task assignment to individuals within that unit or organization.
Documents proving ownership rights due to a creative contract are the contract, rules, or competition organization regulations.
Documents proving ownership rights through inheritance: the certified inheritance determination document according to the law.
Documents proving ownership rights through transfer of rights: the notarized or authenticated transfer contract, donation, purchase and sale, or capital contribution agreement according to the law.
In cases where the author is not simultaneously the copyright owner, there must be a declaration about self-creation and creation by assignment or confirmation, contract, participation in a competition, and assumption of responsibility before the law for the content of the declaration.
Documents proving ownership rights due to assignment of the creative task, creative contract stipulated in this clause must be the original or notarized or authenticated copies.
- Consent documents of co-authors, if the work has co-authors.
- Consent documents of co-owners, if copyright or related rights are jointly owned.
- If the work uses the image of another individual, written consent from that individual must be obtained according to the law.
In addition, the competent state authority may refuse to issue the Copyright Registration Certificate, Related Rights Registration Certificate, and return the dossier, notify in writing in the following cases:
- Does not meet the conditions stipulated in Clause 4, Article 38 Decree 17/2023/ND-CP.
- Detects that the work, performance, audio, video recording, or broadcast program has form or content: Violating the provisions of the Constitution, law; opposing the Communist Party and the State of the Socialist Republic of Vietnam; contrary to ethics, customs, and traditions of the nation; superstitions and other contents according to the law.
- Detects that the work, performance, audio, video recording, or broadcast program is in dispute, complaint, denunciation, and has no effective legal decision from competent authorities, Courts, or Arbitrators.
- The prescribed period as stipulated at Point c, Clause 5, Article 38 of Decree 17/2023/ND-CP has expired without receiving a valid dossier, or the submitted dossier is still invalid.
In the case of a valid dossier as prescribed, within 15 working days, the competent state authority is responsible for issuing the Copyright Registration Certificate, Related Rights Registration Certificate.
What documents are included in the copyright registration dossier for works of architecture?
What is the current form of the copyright registration application for architectural works?
The latest copyright registration application form for architectural works is stipulated in Circular 08/2023/TT-BVHTTDL issued on June 2, 2023.
Download the copyright registration application form for architectural works here.
What types of architectural works are protected by copyright?
Architectural works protected by copyright according to Article 6 Decree 17/2023/ND-CP include:
- Architectural design drawings of structures or complexes of structures, interiors, landscapes.
- Architectural works.
- Charts, diagrams, maps, drawings stipulated in Point k, Clause 1, Article 14 Law on Intellectual Property 2005 include charts, diagrams, maps, drawings related to topography, various types of scientific and architectural structures.
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