Copyright is automatically protected, however, in order to avoid unexpected disputes, the State encourage people having the work which should be protected by copyright should go to register the right for their work before going to public. So, how the procedure of copyright registration implement? In this Article, KAV Lawyers will supply for readers the initial information to implement this procedure.
Firstly, a work is protected by copyright should satisfy the condition which is the work must be made public for the first time in Viet Nam and not yet published in any other country, or with works also published in Vietnam within thirty days after publication for the first time in another country (clause 2, Article 13, Law on intellectual property 2005 supplied and amended in 2009, 2019) and this work must by directly created by authors through their intellectual labor and without copying the works of others (clause 3, Article 14, Law on intellectual property 2005 supplied and amended in 2009, 2019).
Types of works which are protected by copyright:
- Literary, artistic and scientific works (Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters; lectures, addresses and other speeches; press works, musical works; stage works; cinematographic works and works created by a process analogous to cinematography; plastic art works and applied art works; photographic works; architectural works; sketches, plans, maps and drawings related to topography or scientific works; folklore and folk art works; computer programs and data collections.
- Derivative works (in case the derivative work is not prejudicial to the copyright and the product used to create the derivative works).
As we can notice, the subject of copyright protection is a lot, therefore, in this Article, KAV Lawyers just focus on the literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters; lectures, addresses and other speeches (other characters refers to works in braille for the visually impaired, stenograph and similar symbols in instead of handwriting that can be reproduced in many different forms by the objects accessible to them – Article 7, Decree 22/2018/ND-CP).
The registration procedure
Step 1: Preparing the dossier
The document is required including:
– Copyright registration declaration; (the declaration form is regulated by the Ministry of Culture, Sports and Tourism);
– 02 copies of the work;
– Power of attorney (in case of authorizing another person to submit);
– Written consent of co-author (in case of co-author);
– Written consent of co-owners (in case the copyrights are under joint ownership);
– Documents proving the right to apply;
Step 2: Notarization and authentication
– The documents in the dossier, if they are copies, must be notarized or authenticated with the originals before being submitted to competent agencies;
– If the above documents are in foreign language, they must be translated into Vietnamese and notarized or authenticated.
Step 3: Submit the dossier
– After preparing a dossier, submit the file at the Copyright Office;
– Submit in person or via post.
Step 4: Pay the fee
– The fee is 100,000 VND/ certificate;
– Submit to the Copyright Office at the same time as the registration dossier;
Step 5: Receive dossiers, return results
– After 15 working days, if the file is valid, the Copyright Office will issue the copyright registration certificate to the applicant;
– In case the application is invalid, the Department does not accept the certificate, the Department shall notify the applicant.
– Copyright registration certificate will be recorded in the national register of copyrights and related rights.
Term of copyright protection
The moral rights shall be protected for an indefinite term including the right:
- Right to give titles to their works;
- Right to attach the author’s name;
- Right to protect the integrity of their works.
(clause 1, Article 27 Law on intellectual property 2005 supplied and amended in 2009, 2019).
The moral rights stipulated in article 19.3 and the economic rights in this Law shall be protected followed regulation at clause 2 Article 27:
- Cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of 75 years as from the date of first publication; (point a clause 2 Article 27);
- Since the cinematographic work, photographic works, applied art works have not been published in 25 years since the work has been made, the term of protection will be 100 years from the date this work is made (point a clause 2 Article 27);
- To anonymous works, when information on the author of an anonymous work appears, the term of protection shall be protected for the whole life of the author and for fifty (50) years after his or her death. In the case of a work of joint authors, the term of protection shall expire in the fiftieth year after the death of the last surviving co-author (point b clause 2 Article 27)
- The term of protection stipulated in sub-clauses (a) and (b) of this clause shall expire at 24 hours on 31 December of the year of expiration of the copyright protection term (point c clause 2 Article 27).
Above is an article about copyright registration KAV Lawyers send to you. In case you have any questions or would like any other legal advice, please contact KAV Lawyers via the contact addresses below:
Phone : (+84) 28 6270 7075 or (+84) 949 761 861
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