Copyright registration is not required to be the creator of work

The 2005 Law on Intellectual Propertyprovisions on cases of registration of copyright which are not creative persons of works.

Owner of copyright in Vietnam

Under Article 36 of the 2005 Intellectual Property Law, the following provisions shall apply:

"Article 36. Owner of copyright

Copyright owner means an organization or individual that holds one, several or all of the property rights prescribed in Article 20 of this Law."

According to Article 20 of the Law on Intellectual Property 2005:

"Article 20. Property rights

1. Property rights include the following rights:

a) Acting as derivative works;

b) Performing works to the public;

c) Reproduction of works;

d/ Distribution or import of originals or copies of works;

đ/ Communication of works to the public by wire or wireless means, electronic information networks or any other technical means;

e/ Lease of original cinematographic works or computer programs or copies thereof.

2. The rights specified in Clause 1 of this Article shall be exclusively exercised by authors or copyright owners or other persons as prescribed by this Law.

3. Organizations and individuals that exploit and/or use one, several or all of the rights prescribed in Clause 1 of this Article and Clause 3, Article 19 of this Law shall have to apply for and pay royalties, remunerations and other material benefits to copyright owners."

Accordingly, an organization or individual that owns one, some or all of the above-mentioned property rights shall be the copyright owner.

Pursuant to Article 25 of Decree No. 22/2018/ND-CP, the following detailed guidelines are provided for copyright in Vietnam owners:

"Article 25. Owner of copyright

copyright owners defined in Article 36 of the Intellectual Property Law include:

1. Vietnamese organizations and individuals.

2. Foreign organizations and individuals that have works created and expressed in a certain material form in Vietnam.

3. Foreign organizations and individuals that have works first published in Vietnam.

4. Foreign organizations and individuals that have works protected in Vietnam under treaties to which the Socialist Republic of Vietnam is a contracting party."

Copyright registration is not required to be the creator of work

Recognition of copyright in Vietnam in the form of transfer

Under Article 41 of the 2005 Intellectual Property Law (amended and supplemented by Clause 11 Article 1 of the amended Intellectual Property Law):

"Article 41. Copyright owner means the person to whom the right is transferred

1. Organizations and individuals may transfer one, several or all of the rights prescribed in Article 20 and Clause 3, Article 19 of this Law as agreed upon in the contracts are copyright owners.

2. Organizations and individuals managing anonymous works are entitled to the rights of owners until the authors' identity is identified."

Accordingly, organizations and individuals that are transferred one, several or all of their property rights and the right to publish works or permit other persons to publish works shall be regarded as copyright  in Vietnam holders.

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