Can the Right to Publish Works be Transferred?

Based on Clause 1, Article 25 of the Civil Code 2015, it is stipulated: Personal rights as defined in this Code are civil rights attached to each individual and cannot be transferred to another person, except in cases where other relevant laws provide otherwise. Thus, it can be understood that in cases where the law provides otherwise, personal rights can still be transferred to another person to execute.

According to Article 19 of the Intellectual Property Law 2005, personal rights include the following rights:

- Naming the work;

- Using one's real name or pseudonym on the work; being acknowledged with the real name or pseudonym when the work is published or used;

- Publishing the work or allowing others to publish the work;

- Protecting the integrity of the work, preventing others from amending, truncating, or distorting the work in any form that would harm the honor and reputation of the author.

Among these 04 personal rights, there is the right to “Publish the work or allow others to publish the work.” It can be seen that the right to publish the work is one of the personal rights that can be transferred to others. The author or the copyright holder can permit other individuals or organizations to execute this right to publish (Clause 2, Article 20, Decree 22/2018/ND-CP).

Respectfully!