CONSULTANCY ON COPYRIGHT REGISTRATION IN VIETNAM

CONSULTANCY ON COPYRIGHT REGISTRATION IN VIETNAM 

Latest Author Copyright Registration Procedures

How to register Copyright?

Are you wondering if it is necessary to register copyright and how to protect the copyright of your work? A Dong IP will share the copyright registration process according to the Intellectual Property Law 2022.

What is Authorship? Is Author Copyright Registration Required? 

Copyright is the right of organizations and individuals to works created or owned by them. Such works must be the intellectual product of the author and not merely a copy from a known source. Subjects entitled to copyright and copyright-related rights include:

- Literary, artistic and scientific works.

- Performances, phonograms, video recordings, broadcasts, satellite signals carrying encrypted programs. 

Copyright is an automatic right, that is, the registration procedure is not a condition for enjoying the right. 

Why do you need to register for Copyright Protection?

Copyright arises automatically at the time the work is created and shaped in a physical form. However, registering a copyright and being granted a copyright certificate will reduce the obligation to prove that the right belongs to you when a dispute arises.

Subjects of copyright registration include:

- Literary, scientific works, textbooks, textbooks and other works expressed in the form of writing or other characters.

- Lectures, speeches, and other speeches. 

- Journalistic works. 

- Musical works. 

- Theatrical works. 

- Cinematographic works and works created by the same method. 

- Cosmetic works, applied fine arts; Graphics. 

- Photographic works. 

- Architectural works; maps, diagrams, maps and drawings related to topography and scientific works. 

- Folk literature and art works; computer programs, data collection (software copyright).

Rights Enjoyed by the Owner: 

1. Moral rights under authorship: 

- Name the work; transfer of the right to use the naming rights to organizations and individuals that receive the transfer of property rights. 

- Using a real name or using a pseudonym on the work; stating his real name or pseudonym when publishing or allowing others to publish the work. 

- Protect the integrity of the work.

- Allow or disallow others to modify the content of the work for the purpose of harming the work or the author.

2. Property rights under copyright: 

- To enjoy royalties. 

- To enjoy remuneration when the work is used, to enjoy material benefits from allowing others to use the work in forms such as publishing, republishing, displaying, exhibition, performance, radio, television, audio recording, video recording, photography, adaptation, or rental. 

- Creating derivative works, performing works directly or indirectly in public. 

- Receive awards for works for which they are authors. 

What are the Conditions to Meet when Registering a Copyright? 

1. Conditions for works: 

- The work must be concretized and expressed in material form. 

- The work must be original, not copied or imitated by other works.

2. Conditions on authors and copyright holders: 

- Authors and copyright holders whose works are published for the first time in Vietnam but have not yet been published in any country, the works must be original, not copied or imitated by other works.

 Copyright Registration Process: 

1. Drafting of copyright registration dossiers: 

- 02 copies of the work or 02 copies of the form of registration of related rights.

 - Documents related to the author's personal information: full name, place of permanent residence registration, ID card number, place of issue, date of issue, current address.

- Power of attorney for A Dong IP to register copyright (according to the form). 

- Documents proving the right to submit the dossier, if the dossier submitter enjoys such rights of another person due to inheritance, transfer or inheritance. 

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

- The written consent of the co-owners, if the copyright or related rights are under common ownership.

- Documents must be made in Vietnamese; in case of making it in a foreign language, it must be translated into Vietnamese and notarized/authenticated.

2. Submission of a work copyright registration dossier at the Copyright Office:

- The applicant can submit the copyright registration dossier directly or by post.

3. Monitoring copyright registration dossiers:

- Time limit for issuance of copyright registration certificates: 15 working days from the date of receipt of valid dossiers. In case of refusal, the Copyright Office must notify the applicant in writing. 

4. To receive notices of intention to grant copyright certificates and pay fees:

- When the application meets all the conditions, the National Office of Intellectual Property will issue a Notice of intention to grant a diploma and the enterprise must pay the license grant fee. 

5. Receive a copyright certificate: 

- Receive the Certificate from the Copyright Office after completing the procedures and paying the fee. 

Term of Copyright Protection: 

- Indefinitely for moral rights such as: naming the work, using the real name or pseudonym on the work, protecting the integrity of the work. 

- There is a time limit for moral rights to publication of works and property rights: 

- For cinematographic, photography, applied art, theatrical and anonymous works: 75 years from the date of first publication or 100 years from the date the work is shaped if it is not published in the first 25 years. 

- For the remaining types of works and anonymous works when information about the author is identified: throughout the author's life and the next 50 years in the year of the author's death. If there is a co-author, the term of protection ends in the 50th year after the year the last co-author dies.