What is copyright? What is the procedure for copyright registration in Vietnam?

What is copyright? What is the procedure for copyright registration in Vietnam?

1. What is copyright?

Copyright for works specified in the Law on Intellectual Property 2005 includes moral rights and property rights.

1.1. The author's moral rights

For personal rights, including:

- Name the work.

The author has the right to transfer the right to use the right to name the work to the organizations or individuals that receive the transfer of the property rights specified in Clause 1, Article 20 of the Law on Intellectual Property 2005; (New point)

- Put your real name or pseudonym on the work;

To be given a real name or a pseudonym when the work is published or used;

- Publish the work or allow others to publish it;

- Protect the integrity of the work from being misrepresented by others;

Do not allow others to modify or mutilate the work in any way that is detrimental to the honor and reputation of the author.

(Article 19 of the Law on Intellectual Property 2005 amended by the Law on Intellectual Property Amendment 2022)

1.2. Author's property rights

The author's property rights include:

- Creation of derivative works;

- The work is presented to the public directly or indirectly through phonograms, video recordings, or any other technical means at a location accessible to the public but not freely chosen by the public when and by part of the work;

- Directly or indirectly copy the whole or part of a work by any means or form, except for the case specified at Point a, Clause 3, Article 20 of the Law on Intellectual Property 2005;

- Distributing or importing for distribution to the public through sale or other form of ownership transfer with respect to originals or copies of works in tangible form, except for the case specified at Point b, Clause 3, Article 20 of Law on Intellectual Property 2005;

Broadcasting, communicating to the public by wire, radio, electronic information networks, or any other technical means, including making the work available to the public in such a way that it is accessible at a place and time of their choosing;

- Lease of originals or copies of cinematographic works and computer programs, unless the computer program is not the main object of the rental.

Note: Copyright owners do not have the right to prevent other organizations and individuals from performing the following acts:

- Copying works only to exercise other rights under the provisions of the Intellectual Property Law 2005; temporary reproduction according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or legal use of the work, without economic purpose stand-alone and copies are automatically deleted and cannot be restored;

- Subsequent distribution, import for distribution of originals or copies of works that have been performed or authorized by the copyright owner to be distributed.

(Article 20 of the Law on Intellectual Property 2005 amended by the Law on Intellectual Property Amendment 2022)

2. Copyright registration procedures

2.1. Dossier on registration of copyright

Pursuant to Clauses 2 and 3 of the Law on Intellectual Property 2005, as amended by the Law on Intellectual Property 2022

The Dossier on the registration of copyright and related rights is as follows:

- A declaration of copyright and related rights registration according to the prescribed form.

+ The declaration must be made in Vietnamese with full information about the applicant, the author, the copyright owner or the related rights holder;

+ Completion time; (New point)

+ Summary of content of works, performances, phonograms, video recordings, or broadcasts;

+ The author's name, the copyright holder's name, and the work used as a derivative work if the registered work is a derivative work;

+ Announcement time, location, and format;

+ Information on re-issuance and replacement (if applicable), as well as a commitment to be accountable for the information stated in the declaration.

(In comparison to the current situation, more information about re-issuance and exchange)

+ The declaration is signed or fingerprinted by the author, copyright holder, or related right holder, except for cases of physical inability to sign or fingerprint. (New point)

- Two copies of a work registered for copyright or two copies of a fixation of the subject matter registered for related rights;

- Power of attorney, if the person submitting the application for registration of copyright or related rights is an authorized person;

- Documents proving that he/she is the owner of the right created by himself or by being assigned a creative task, entered into a creative contract, inherited or transferred the right;

- Written consent of the co-authors, if the work has co-authors;

- Written consent of the co-owners, if the copyright and related rights are jointly owned.

Note: Documents specified in Points c, d, dd, and e of Clause 2, Article 50 of the Law on Intellectual Property 2005 as amended by the Law on Intellectual Property Amendment 2022 must be written in Vietnamese.

If it is made in another language, it must be translated into Vietnamese.

2.2 Procedures for copyright registration

Step 1: Prepare documents in accordance with Section 2.1.

Step 2: Submit the application to the competent authority according to Article 34 of Decree 22/2018/ND-CP

Article 34. Procedures for registration of copyright and related rights

1. Authors and owners of copyright and related rights may directly or authorize other entities to submit a set of application for registration of copyright or related rights to the headquarters of the Copyright Office of Vietnam, representatives offices of the Copyright Office of Vietnam in Ho Chi Minh City or Da Nang city affiliated to the Ministry of Culture, Sports and Tourism. Dossiers may be sent by post.

2. Foreign entities whose works, performances, phonograms, video recordings or broadcasts are covered by copyright and related rights protection specified in Clause 2, Article 13 and Article 17 of the Intellectual Property Law may directly file applications for copyright and related rights registration with the Copyright Office of Vietnam in Ho Chi Minh City or Da Nang city affiliated to the Ministry of Culture, Sports and Tourism, or authorize copyright and related rights consultancy or service organizations to do so.

Step 3: Return the result

Within fifteen working days from the date of receipt of a valid dossier, the state management agency in charge of copyright and related rights shall have to issue a certificate of registration of copyright or a certificate of registration of copyright and related rights. related rights for the applicant.

If a Copyright Registration Certificate or Related Rights Registration Certificate is refused, the state management agency in charge of copyright and related rights must notify the applicant in writing and state the reasons for the refusal.

(Article 52 of the Law on Intellectual Property 2005 as amended by the Law on Intellectual Property Amendment 2022)

The Amended Law on Intellectual Property 2022 took effect on January 1, 2023.

Ngoc Nhi

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