The latest copyright protection conditions today

Conditions for copyright protection are requirements that must be met to be recognized and protected by law. Understanding the conditions is very important so that authors and copyright owners can protect their legal rights to the work. The following article will analyze in detail the protection conditions, scope of protection, and term of copyright protection.

What is copyright?

According to the provisions of Clause 2, Article 4 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022), Copyright is the right of an organization or individual to the work they create or own.

Conditions for copyright protection

For a work to be protected by law, the following conditions must be met:

Authors and copyright owners whose works are protected by copyright

Pursuant to Article 13 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022), the following subjects are protected by copyright:

Subjects: Includes the direct creator of the work and the copyright owner, including:

• Author;
• Co-authors;
• Organizations and individuals assign tasks to authors or enter into contracts with authors;
• Heir;
• Person to whom rights are transferred;

Scope: Authors and copyright owners mentioned 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 of the work that is published for the first time in another country;
• Foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which the Socialist Republic of Vietnam is a member.

Types of works protected by copyright

According to the provisions of Article 14 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022), the following types of works are protected by copyright:

Literary, artistic and scientific works:

• Literary, scientific works, textbooks, course books and other works are expressed in the form of writing or other characters.
• Lectures, speeches and other talks.
• Journalistic works.
• Musical works.
• Theater works.
• Cinematic works and works created by similar methods.
• Works of fine arts and applied arts.
• Photographic works.
• Architectural work.
• Maps, diagrams, maps, drawings related to topography, architecture, and scientific works.
• Literary and folk art works.
• Computer programs, data collection (Article 14 of the Law on Intellectual Property).

Derivative works: Protected only if it would not otherwise prejudice the copyright in the work used to make derivative works.

Request: The work must be directly created by the author using his or her own intellectual labor and not copied from the works of others.

Objects are not protected by copyright

According to Article 15 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022), the following subjects are not protected by copyright:

• Pure current news reporting.
• Legal documents, administrative documents, other documents in the judicial field and official translations of those documents.
• Processes, systems, operating methods, concepts, principles, data.

Term of copyright protection

The term of copyright protection is specified in Article 27 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022) as follows:

Indefinite protection: Applies to moral rights that attach to the author and are inalienable, including:

• Right to name the work.
• Right to put a real name or pseudonym on the work.
• The right to have your real name or pseudonym mentioned when the work is published or used.
• The right to protect the integrity of the work, not to allow others to edit, mutilate or distort the work in any form that is harmful to the author’s honor and reputation.

Limited term protection: Applies to transferable personal rights and property rights:

• For posthumous works: 50 years from the first date the work was published.
• For works of applied art, works of photography, cinematography, and anonymous works: 75 years since the work was first published. For works that have not been published within 25 years from the date the work was created, the term of protection is 100 years. For anonymous works, when information about the author appears, the protection period is for the entire life of the author and 50 years following the year of the author’s death.
• For works of other types: Protected throughout the author’s life and 50 years following the year of the author’s death; In case a work has a co-author, the term of protection ends in the fiftieth year after the year the last co-author dies.

Note: The protection term will end at 24:00 on December 31 of the year the copyright protection term expires.

>>> See more: Procedure for registering copyright for products that are trademarks.

Prestigious copyright protection consulting and guidance services at Long Phan

With a team of experienced and in-depth knowledge of the field of intellectual property, Long Phan provides comprehensive consulting and support services on copyright protection, including:

• Consulting on conditions for copyright protection;
• Consulting on documents and copyright registration procedures;
• Consulting with competent authorities to register copyright;
• Consulting on copyright protection term;
• Drafting copyright transfer contracts;
• Representative to resolve disputes about copyright;
• Consulting on issues that arise during the exploitation and use of works.

Mastering copyright protection conditions is essential to protect customers’ legal rights. If you need further advice on issues related to copyright, please contact Long Phan via the hotline: 0906735386 to receive support from a team of experienced experts.