Procedure for Granting Licenses for Copying Fine Art Works of Cultural Celebrities

The Procedure for Granting Licenses for Copying Fine Art Works of Cultural Celebrities and national heroes is a crucial step to ensure that copying activities are carried out legally, preserving historical-cultural values and creating a transparent basis for organizations and individuals to exploit the works. Understanding the procedure helps save time, limit risks, and ensure legal rights. This article provides information on conditions, dossiers, and implementation sequence.

Competent Authority for Granting Licenses

According to Subsection 18, Section A3, Part II of Decision 3684/QD-BVHTTDL in 2022 announcing standardized administrative procedures under the management of the Ministry of Culture, Sports and Tourism, the authority to resolve the procedure for granting licenses for copying fine art works of cultural celebrities and national heroes belongs to the provincial level.

Specifically, the Department of Culture, Sports and Tourism or Department of Culture and Sports in the province/centrally-run city where the organization/individual is headquartered or resides is responsible for receiving and processing dossiers.

• Subjects: Organizations and individuals wishing to copy works for commercial business purposes or public display.
• Exemption: If copying is solely for personal research or internal archiving without profit generation or public display, this procedure may not apply depending on specific copyright regulations.

Required Preparation for Granting Licenses

Based on Subsection 18, Section A3, Part II of Decision 3684/QD-BVHTTDL in 2022, the dossier components include:

1. Request Application: Application for a license (Form No. 5 issued with Decree No. 113/2013/ND-CP dated October 2, 2013, on fine art activities).
2. Photos: Color photos sized 18×24 cm of the model work and the copy.
3. Copyright Documents: Certified copy of the contract for using the work or written consent from the owner of the model work.
   • Direct submission: Submit a certified copy or a copy with the original for comparison.
   • Postal submission: Submit a certified copy.

Quantity: 01 set. Clients should keep a photocopy set for comparison if needed.

>>>See more at: Fine Arts Creation Contest Notification Procedure

Procedural Sequence for Granting Licenses

The process is detailed in Subsection 18, Section A3, Part II of Decision 3684/QD-BVHTTDL in 2022:

Step 1: Submission Organizations or individuals wishing to copy works for business or public display submit 01 dossier set directly or via post to the Department of Culture, Sports and Tourism / Department of Culture and Sports.

Step 2: Appraisal and Licensing Within 07 working days from the date of receiving a complete and valid dossier, the Department grants the license. In case of refusal, a written response stating clear reasons must be provided.

Result: The License for copying paintings/statues of cultural celebrities, national heroes, and leaders. This legal document confirms the right to copy and introduce the product to the market or display it publicly.

>>>See more at: Procedures for approving the content of imported fine art and photography works

Costs for Granting Licenses

According to Subsection 18, Section A3, Part II of Decision 3684/QD-BVHTTDL in 2022 and current fee regulations, the procedure for granting licenses for copying fine art works of cultural celebrities and national heroes is free of charge.

Applicants do not pay any state fees when submitting dossiers or receiving results. However, internal preparation costs still apply (photo printing, notarization, postal fees, copyright royalties to the owner).

Long Phan Consulting Services

Long Phan Consulting Company provides comprehensive support in intellectual property and fine art activities, ensuring accuracy and efficiency. Our services include:

• Legal Analysis: Explaining regulations on fine art and photography activities.
• Appraisal: Assessing the possibility of licensing based on aesthetic and cultural standards.
• Consultation: Advising on solutions to potential issues to ensure the dossier meets conditions.
• Dossier Drafting: Drafting the request application according to the prescribed form.
• Contract Review: Building the Contract for using the work to protect client rights and meet appraisal requirements.
• Technical Guidance: Ensuring photos of the model and copy meet the 18×24 cm size and listing specifications.
• Representation: Submitting the dossier at the One-Stop Shop of the Department.
• Monitoring: Tracking progress and handling professional explanations with the state agency.
• Result Handover: Receiving and delivering the final License to the client.

Common Inquiries

Competent Authority

Department of Culture, Sports and Tourism or Department of Culture and Sports where the applicant is headquartered/resides. (Legal Basis: Subsection 18, Section A3, Part II, Decision 3684/QD-BVHTTDL 2022).

Processing Timeframe 07 working days

From the receipt of a valid dossier. (Legal Basis: Subsection 18, Section A3, Part II, Decision 3684/QD-BVHTTDL 2022).

State Fees None.

The procedure is free of charge. (Legal Basis: Subsection 18, Section A3, Part II, Decision 3684/QD-BVHTTDL 2022).

Photo Requirements

Must include color photos sized 18×24 cm of both the model work (original) and the copy. (Legal Basis: Clause 2 Article 11 Decree 113/2013/ND-CP).

Postal Submission Documents

Must submit a certified copy of the contract/consent letter. (Legal Basis: Subsection 18, Section A3, Part II, Decision 3684/QD-BVHTTDL 2022).

Conclusion

Copying fine art works of leaders and cultural celebrities demands strict compliance to ensure dignity and artistic value. Long Phan Consulting Company is committed to supporting clients in completing procedures quickly and accurately. For detailed advice, please contact Hotline 1900636389.