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Protecting the rights of derivative works is an important factor in maintaining creativity and equity in the creative writing industry. Derivative works, even though developed from the original work, still need legal protection to prevent infringement and protect the rights of the author. In this article, Long Phan will provide customers with important information to protect the rights of derivative works.
A derivative work is a work created on the basis of one or more existing works. According to Clause 8, Article 4 of the Law on Intellectual Property 2005 (amended by the Law on Intellectual Property 2022), a derivative work is a work created on the basis of one or more existing works through translation from one language to another, adaptation, compilation, annotation, selection, arrangement, musical adaptation and other transformations.
According to the provisions of Article 7 of Decree No. 17/2023/ND-CP, current types of derivative works include the following forms:
According to Article 14 of the Law on Intellectual Property 2005 (amended 2009, 2022), derivative works are protected when they meet the following conditions:
Conditions for derivative works to be protected in the form of copyright protection:
First, do not violate the copyright of the original work: Derivative works must respect the intellectual property rights of the original author, not directly copy the content but must have creativity and changes to create a unique product.
Second, it is directly created by the derivative author: Derivative works must be products made by the author himself, based on personal creativity, not a copy or imitation of the original work.
Third, get permission from the owner of the original work: According to the provisions of Clause 7, Article 28, Law on Intellectual Property 2005. Creation of derivative works requires the consent or license of the owner of the original work. This ensures legality in the use and development of the original work.
Fourth, bring your own creative stamp: Derivative works must have a distinct difference and creativity, not simply a variation or modification of the original work but must have new elements, making it independent and of its own value.
To protect the rights of derivative works, it is necessary to do:
Long Phan is proud to be a unit with extensive consulting and in-depth support experience in implementing copyright protection registration for derivative works. We are committed to providing customers with the most professional and effective service.
Long Phan provides services including:
If customers need in-depth advice on protecting the rights of derivative works, Long Phan is ready to support with a team of experienced experts in the field of intellectual property. We are committed to providing comprehensive and effective solutions to protect the legal rights of your works. Please contact Long Phan immediately via the hotline: 0906735386 for detailed advice on conditions and how to protect derivative works effectively and quickly.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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