BENEFITS OF REGISTERING COPYRIGHT IN VIETNAMESE LAW
Copyright registration is not required to enjoy copyright. Works, whether registered or not, are subject to the same protection. Hence, what are the benefits of registering copyright in Vietnamese Law? Today, Doanh Tri Law firm will help you answer the above question through the article below.
I. What is copyright?
- According to the current Intellectual Property Law, "Copyright is the right of organizations and individuals to works created or owned by them."
- Copyright is understood as a group of rights, including moral rights and property rights.
+ Moral rights include the following:
● The right to name the work.
● The right to use his real name or pseudonym on a work; be given a real name or pseudonym when the work is published and used.
● The right to publish a work or allow others to publish it.
● The right to protect the integrity of the work, to prevent others from modifying, mutilating, or distorting the work in any manner that would prejudice the honor and reputation of the author.
+ Property rights include the following:
● The right to make derivative works.
● The right to perform the work in public.
● The right to copy a work.
● The right to distribute or import originals or copies of works.
● The right to communicate the work to the public by wire, wireless, electronic information network, or any other technical means.
● The right to lease originals or copies of cinematographic works and computer programs.
Property rights may be exercised by the author, the owner of exclusive copyright, or allowing others to comply with the Intellectual Property Law.
II. Benefits of registering the copyright
Authors and copyright owners should register the copyright for the following reasons:
- A certificate of copyright registration is the best evidence to prove the ownership of the author over the work in the event of a dispute. Detail:
● According to Clause 3, Article 49 of the Intellectual Property Law:
“Organizations and individuals that have been granted copyright registration certificates and related rights registration certificates are not obliged to prove that copyright and related rights belong to them in disputes, except for cases where there is evidence to the contrary.”
● Accordingly, a certificate of copyright registration is evidence that automatically confirms the status and rights of the author and copyright owner of the registered work. If the author or copyright owner does not register the copyright, then when a dispute arises, these subjects are obliged to prove their copyright in that work, which means they must provide it themselves. grant documents and evidence to prove his copyright in the work. In many cases, it is very difficult for the author or the copyright owner to prove his rights, even unable to prove that he is the author or copyright owner of the disputed work.
- The procedure for copyright registration is not too complicated and costs are very small compared to the practical benefits. Therefore, when creating a work of commercial value and more likely to be illegally used or appropriated, the copyright owner should quickly register the copyright.
- A certificate of copyright registration is also a document proving the ownership of the work, used when valuing the company's assets in case of equitization, merger, acquisition, or merger.
- Copyright registration, also known as copyright registration, is a necessary job to ensure that the creators of the work are against the illegal use of the work such as stealing and copying. copy, misuse that works.
- The protection of copyright contributes to promoting and encouraging every creative effort of each individual and organization in the fields of literature, art, and science, enriching cultural and scientific achievements. and art; because it gives creators a sense of encouragement and the physical benefits from exploiting the work to offset the costs of creating that work.
- The protection of copyright also allows the development of access to cultures and knowledge around the world.
Above are the reasons that Doanh Tri Law firm gives to clients for reference. If you have any questions, please contact us directly for further information.
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Doanh Tri Law firm is willingly pleased to accompany and cooperate with you!
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