Can copyright be inherited in Vietnam? Is copyright transferred after inheritance in Vietnam?

Can copyright be inherited in Vietnam?

Article 40 of the Intellectual Property Law 2005 stipulates that copyright holders being heirs as follows:

Any organization or individual who inherits copyright in accordance with the law on inheritance shall be the holder of the rights stipulated in articles 19.3 and 20 of this Law.

According to Article 20 of the Intellectual Property Law 2005, property rights are stipulated as follows:

1. Economic rights [of authors] shall comprise the following rights:

 (a) To make derivative works;

 (b) To display their works to the public;

 (c) To reproduce their works;

 (d) To distribute or import the original or copies of their works;

 (dd) To communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

 (e) To lease the original or copies of cinematographic works and computer programs.

2. Authors or copyright holders shall exclusively exercise the rights stipulated in clause 1 of this article or may grant other persons the right to exercise such rights pursuant to the provisions of this Law.

3. When any organization or individual exercises one, several or all of the rights stipulated in clause 1 of this article and in article 19.3 of this Law, such organization or individual must ask for permission from the copyright holder and must pay royalties, remuneration or other material benefits to the copyright holder.

Pursuant to Article 19 of the Intellectual Property Law 2005, moral rights are stipulated as follows:

Moral rights [of authors] shall comprise the following rights:

1. To give titles to their works.

2. To attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

3. To publish their works or to authorize other persons to publish their works.

4. To protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honour and reputation of the author.

Thus, according to the above regulations in Vietnam, you can inherit your father's copyright. After you inherit your father's copyright, you will have property rights and moral rights mentioned above.

Can copyright be inherited in Vietnam? Is copyright transferred after inheritance in Vietnam? (Image from the Internet)

Is copyright transferred after inheritance in Vietnam? 

According to Article 45 of the Intellectual Property Law 2005, general provisions on assignment of copyright and related rights are as follows:

1. Assignment of copyright and related rights means the transfer by copyright holders or related right holders of the ownership of the rights stipulated in articles 19,3, 20, 29.3, 30 and 31 of this Law to other organizations and individuals pursuant to a contract or in accordance with a relevant provision of law.

2. Authors shall not be permitted to assign the moral rights stipulated in article 19 of this Law, except for the right of publication. Performers shall not be permitted to assign the moral rights stipulated in article 29.2 of this Law.

3. Where a work, performance, audio and visual fixation or broadcast is under joint ownership, the assignment thereof must be agreed upon by all co-owners. In a case of joint ownership of a work, performance, audio and visual fixation or broadcast which is composed of separate parts detachable for independent use, copyright holders or related right holders may assign their copyright or related rights in their separate parts to other organizations or individuals.

Therefore, when inheriting copyright, you will have right to transfer copyright according to the above regulations in Vietnam.

But you must note that the only transfer of moral rights is to publish the work or allow others to publish the work. The remaining rights are moral rights attached to the author and cannot be inherited, so you will not be able to transfer them in Vietnam.

Best regards!