What is the latest related right registration form in 2023? What is the application for registration of copyright and related rights in Vietnam?
What is the latest related right registration form in Vietnam in 2023?
On June 2, 2023, the Ministry of Culture, Sports and Tourism issued Circular 08/2023/TT-BVHTTDL on forms used in registration of copyright, related rights in Clause 1, Article 3 of Circular 08/2023/TT-BVHTTDL:
- Form No. 09: Related right registration form
Download the Related right registration form No. 09 here.
In addition, according to the provisions of Clause 1, Article 50 of the Law on Intellectual property 2005, amended and supplemented by Clause 14, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property 2022, authors, owners of copyright and related rights may directly or authorize other organizations or individuals to submit applications for registration of copyright or related rights to copyright authorities, whether in person, by post or on National Public Service Portal.
What is the latest related right registration form in 2023? What is the application for registration of copyright and related rights in Vietnam?
What is the application for registration of copyright and related rights in Vietnam?
According to the provisions of Clause 2, Article 50 of the Law on Intellectual property 2005, amended and supplemented by Clause 14, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property 2022, regulations on the application for registration of copyright and related rights are as follows:
- The application form.
The declaration form must be written in Vietnamese and contains information about the applicant, the author, the owner(s) of copyright or related rights; completion time; summarized content of the work, performance, audio recording, video recording or broadcast; the name of the author, copyright owner, the work used for creation of the derivative work if the work to be registered is a derivative work; time, location and form of publication; information about re-grant or replacement (if any); commitment to take responsibility for information provided in the declaration form. The declaration must bear the signature or fingerprints of the author, owner of copyright, owner of related rights, unless they are not physically capable of signing or appending fingerprints.
The Minister of Culture, Sports and Tourism shall prescribed the declaration form for registration of copyright or related rights;
- Two copies of the work that is the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration;
- Authorization letter if the applicant is an authorized person;
- Documents proving ownership of artistic freedom or assignment of creativity works, creativity contract, inheritance of rights, transfer of rights;
- Written consent of the co-authors in the case of a work under joint authorship;
- Written consent of the co-owners if the copyright or related rights are jointly owned.
Who are the related right owners in Vietnam?
The owner of related rights is specified in Article 44 of the Law on Intellectual property 2005, amended and supplemented by Clause 12, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property 2022 as follows:
- Related right owners include:
+ Performers who their time, make a financial investment in or use their material and technical facilities to give a performance shall be the owners of rights to such performance, unless otherwise agreed with relevant parties.
+ Producers of audio and video recordings who use their time and make a financial investment in or use their material and technical facilities to produce such audio and video recordings shall be the owners of rights such recordings, unless otherwise agreed with relevant parties.
+ Broadcasting organizations shall be the owners of rights to their broadcasts, unless otherwise agreed with relevant parties.
- Related right owners that are organizations that assign tasks to their organizations and individuals to give performances, produce audio recordings, video recordings or broadcasts are owners of corresponding rights specified in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of Law on Intellectual property 2005, unless otherwise agreed.
- Related right owners that are organizations that sign contracts with other organizations and individuals to give performances, produce audio recordings, video recordings or broadcasts are owners of corresponding rights specified in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of Law on Intellectual property 2005, unless otherwise agreed.
- Any organization or individual that inherits related rights in accordance with the law on inheritance shall be the owner of the corresponding rights stipulated in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of Law on Intellectual property 2005.
- Any organization or individual that is assigned one, several or all of the rights under a contract shall be owner of one, several or all of the corresponding rights stipulated in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of Law on Intellectual property 2005.
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