How to protect your rights of derivative works

Article overview

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.

Current regulations on protecting the rights of derivative works
Current regulations on protecting the rights of derivative works

What are 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.

Current types of derivative works

According to the provisions of Article 7 of Decree No. 17/2023/ND-CP, current types of derivative works include the following forms:

  • Translated works: is a work expressed in a language other than its original language. The translation process helps expand the reach of the work, helps readers from different countries enjoy and understand the content, and creates cultural exchange between different cultures.
  • Adapted works: is a work built based on the content of the original work but with changes in genre, structure or content to suit new creative purposes and requirements. Adaptations can be adapted to suit the cultural context or current taste trends.
  • Compiled works: is a work created from selecting and arranging parts or all of existing works, according to a certain theme or purpose. Compiled works are often accompanied by comments, reviews, and explanations to clarify the content of the original work.
  • Annotated works: is a creative work that explains and clarifies words, sentences, events or places in the original work. This process helps readers better understand the literal and figurative meanings, while also providing information about the cultural and historical context related to the work.
  • Selected works: is a work selected from the works of one or more authors, based on criteria such as time of creation, theme or genre. Selected works help readers easily access typical and outstanding works in a certain field or period.
  • Adapted works: is a work that rewrites or changes the form of expression of the original work, with the purpose of refreshing the content or creating a version that is easy to understand and suitable for specific readers or conditions of use.
  • Adapted works: is a work that is transferred from one art form to another, or re-expressed using an artistic method different from the original work in the same genre. For example, a novel can be adapted into a film, or a play can be adapted into a book.
Current types of derivative works
Current types of derivative works

In what form are derivative works protected?

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.

How to protect the rights of derivative works today

To protect the rights of derivative works, it is necessary to do:

  • Register for copyright protection: Derivative works need to be registered for copyright at a competent authority to ensure legal rights for the author. Registration helps protect the author’s rights against infringement;
  • Sign a transfer/use contract with the original author: If the derivative work uses content from the original work, there needs to be a license transfer contract or agreement between the derivative author and the original author. This helps ensure the consent of the owner of the original work and protects the rights of related parties;
  • Store evidence of creation of derivative works: Archiving documents, drafts, creative notes or any evidence related to the creation of derivative works helps protect copyright in the event of a dispute;
  • Attach copyright protection notice: In derivative works, it is necessary to attach a copyright protection notice to publicly notify the protection of the author’s rights and warn of copyright infringement.
Copyright protection for derivative works
Copyright protection for derivative works

Consulting service to protect the rights of derivative works at Long Phan

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:

  • Consulting on registration of copyright protection for derivative works;
  • Support customers in drafting effective contracts for transfer/use of derivative works;
  • Consulting on resolving copyright disputes related to the use of derivative works;
  • Representing clients in copyright infringement cases;
  • Consulting and support to answer problems that arise when registering copyright protection.

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.