THE PROVISION OF COPYRIGHT IN VIETNAM

In the current era, more and more literary or musical works of art are plagiarized and taken as their own, so the issue of copyright is one of the prominent legal issues. Copyright is the legal basis for individuals and organizations to credit their works. Although copyright registration is not mandatory, if an individual or organization is a copyrighted author, it will bring a lot of advantages when a dispute occurs and is the basis for confirming the legal time. copyright birth. To learn more about the copyright registration process, Law Doanh Tri through this article will give you information about this issue.

I. Legal basis

- Law on intellectual property 2005.

II. Who has the right to register copyright?

Pursuant to Article 13 of the 2005 Intellectual Property Law, authors and owners have the right to copyright protection including:

- Organizations and individuals whose works are protected by copyright include the person who directly creates the product and the owner of the copyright;

- Authors and copyright holders above include Vietnamese organizations and individuals; foreign organizations and individuals whose works are published for the first time in Vietnam but have not been published in any other country or are published simultaneously in Vietnam within thirty days from the date on which the work is published. that is published for the first time in another country; foreign organizations and individuals whose works are protected in Vietnam under an international treaty on copyright to which the Socialist Republic of Vietnam is a signatory.

III. Works subject to copyright registration

Literary, artistic, and scientific works protected by copyright include:

Literary and scientific works, textbooks, textbooks, and other works expressed in writing or other characters works presented in Braille for the visually impaired, shorthand symbols and other similar symbols in place of writing that can be reproduced by accessible objects in a variety of ways.

- Lectures, speeches, and other speeches are works expressed in spoken language and must be fixed in a certain material form.

Journalistic work is work with independent content and complete structure, including the following genres: reportage, quick record, report, interview, reflection, investigation, commentary, editorial, expert opinion. essays, press signings, and other types of press for publication or distribution in print, audio, video, electronic or other media.

Musical work means a work expressed in the form of musical notes in a piece of music or other musical characters or fixed on a phonogram or video recording with or without lyrics, regardless of the performance or no show.

Theatrical work is a work of the performing arts, including Cheo, tuong, cai luong, puppetry, drama, folk drama, physical drama, musical, circus, comedy, vaudeville, and other performing arts.

Cinematographic works and works created by similar methods (hereinafter referred to as cinematographic works) are works represented by moving images with or without combination with sound and other media. according to the principles of cinematographic language, a still image taken from a cinematographic work is part of that cinematographic work.

Visual and applied artworks are works represented by lines, colors, shapes, and layouts such as painting, graphics, sculpture, installation art, and other similar forms of expression the self exists in a unique form. As for the graphic type, it can be shown up to the 50th edition, numbered and signed by the author. Accordingly, work is represented by lines, colors, shapes, layouts with useful features that can be attached to a useful object, produced manually or industrially such as Graphic design (expression of logos, identity systems, and product packaging), fashion design, product styling, interior design, decoration.

Photographic work is a work that presents an image of the objective world on a light-catching material or on the medium on which the image is produced or may be produced by chemical, electronic, or other methods. other techniques. Photographic work may or may not be captioned.

- Architectural works are works of the architectural type, including Architectural design drawings of works or combinations of works, interiors, or landscapes; Structures.

- Maps, diagrams, maps, drawings related to topography, architecture, scientific works, including graphics, diagrams, maps, drawings related to topography, types of scientific works study, and architecture.

- Literary and folk artworks are performing arts such as cheo, tuong, cai luong, puppetry, singing, and musical melodies; dances, plays, folk games, village festivals, forms of folk rituals.

- Computer programs, data collection.

IV. Term of copyright protection

Pursuant to Article 27 of the 2005 Intellectual Property Law, amendments and supplements to Clause 8, Article 1 of the Law amending and supplementing several articles of the 2009 Intellectual Property Law:

- Moral rights of the author: The right to name the work; The right to put your real name or pseudonym on the work; be given a real name or a pseudonym when the work is published or used; The right to protect the integrity of the work, to prevent others from modifying, mutilating or otherwise distorting the work in any way that is prejudicial to the honor and reputation of the author is protected indefinitely.

- The right to publish a work or to permit others to publish the work and the specified property rights have the following term of protection:

- Cinematographic, photographic, applied art and anonymous works have a term of protection of seventy-five years from the time the work is first published; for cinematographic, photographic, or applied artworks that have not been published within twenty-five years from the time the work is fixed, the term of protection is one hundred years from the time the work is published for anonymous works, when information about the author appears, the term of protection shall be calculated according to the provisions below;

- Works that do not fall into the category specified above have a term of protection for the entire life of the author and for 50 years following the year of the author's death; in the case of a work with a co-author, the term of protection shall terminate in the fiftieth year after the year the last co-author dies;

- The protection period specified above shall end at 24 o'clock on December 31 of the year where the copyright protection term is terminated.

V. Procedure for copyright registration

An application for registration of copyright and related rights includes:

- Declaration for registration of copyright and related rights;

- Two copies of the copyright-registered work or two copies of the related right-registered object fixation;

- Power of attorney, if the applicant is an authorized person;

- Documents proving the right to apply;

- 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.

Implementation steps:

Step 1: Prepare documents as required by law

Step 2: Submit the application to the agency competent to handle and handle the application.

The Copyright Office has the authority to grant, re-grant, change, and cancel the validity of copyright registration certificates and related rights registration certificates as prescribed in Clauses 1 and 2, Article 51 of the Law on Property. wisdom

Step 3: Get the Copyright Registration Certificate

Within 15 working days from the date of receipt of a valid application, the state management agency in charge of copyright and related rights is responsible for granting a certificate of registration of copyright or a certificate of registration of related rights. for the applicant.

Above is the information for 'The provision of copyright in Vietnam.' For more detailed information and advice on this issue, please contact directly with Doanh Tri Law Firm at one of the following methods:

Hotline: (+84) 911.233.955 – (024) 6293 8326

Email: [email protected]

Enterprise Law is always pleased to accompany you!

Best regards./.