Guidelines for accurate copyright protection registration procedures

Registering for copyright protection is an important procedure that helps authors or owners protect their creative works and prevent infringement and unauthorized copying. Understanding registration procedures helps authors ensure their rights and create a solid basis for exploiting and protecting their works on the market. Next, let’s learn with Long Phan about the procedure for registering copyright protection.

What is copyright? Conditions for copyright protection

Pursuant to Clause 2, Article 4 of the Law on Intellectual Property 2005 (amended in 2009), copyright is the right of organizations and individuals to works they create or own.

Conditions for copyright protection as prescribed in Article 13 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), are:

1. Organizations and individuals whose works are protected by copyright include the person directly creating the work and the copyright owner specified in Articles 37 to 42 of this Law, specifically:

• The owner of the copyright is the author;
• Copyright owners are co-authors;
• The copyright owner is the organization or individual that assigns tasks to the author or enters into a contract with the author;
• The owner of copyright is the heir;
• The owner of copyright and related rights is the State.

2. Authors and copyright owners specified in Clause 1, Article 13 of this Law include Vietnamese organizations and individuals; Foreign organizations and individuals have:

• The work is published for the first time in Vietnam but has not been published in any other country or is published simultaneously in Vietnam within thirty days from the date the work is first published in that country. other countries;
• Foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties of which the Socialist Republic of Vietnam is a member.

Procedures for registering copyright protection

Application for registration of copyright protection

Pursuant to Clause 2, Article 50 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), Point c, Clause 4 and Clause 7, Article 38, Clause 1, Article 39 of Decree 17/2023/ND-CP, application components Copyright protection registration documents include:

1. Copyright registration declaration (according to form No. 01 to No. 08, Appendix I, Circular 08/2023/TT-BVHTTDL) signed or fingerprinted by the author or copyright owner, except in cases where there is no physical ability to sign or fingerprint.
2. 02 copies of the work (including electronic copies).
3. Authorization document if the applicant is a person authorized by the author, copyright owner, as prescribed in Clause 6, Article 38 of this Decree.
4. Documents proving rights owner:

• Documents proving identity for individuals: 01 copy of ID card or Citizen ID card or Passport;
• Documents proving legal status for the organization: 01 copy of Business Registration Certificate or Establishment License or Establishment Decision;
• Documents proving the owner of the rights resulting from the creative assignment are the decision to assign tasks or confirmation of assigning tasks to individuals belonging to that unit or organization;
• Documents proving the owner of the rights resulting from entering into a creative contract are the contract, rules, and regulations for organizing the competition;
• Documents proving the owner of inherited rights are documents determining inheritance rights that are notarized or authenticated according to the provisions of law;
• Documents proving the owner of the rights due to the transfer of rights are written transfer, gift, purchase, and capital contribution contracts that are notarized or authenticated according to the provisions of law;
• In case the author is not also the copyright owner, there must be a written commitment to self-creation and creativity according to the decision or confirmation of assignment; contract; Participate in the contest and be responsible before the law for the content of the commitment;
• Documents proving the owner of the rights as a result of assigning creative tasks or entering into creative contracts specified in this Clause must be originals or notarized or authenticated copies.

5. Written consent of co-authors, if the work has co-authors.
6. Written consent of the co-owners, if the copyright is jointly owned.
7. In case the work uses another person’s personal image, that person’s written consent must be obtained according to the provisions of law.

Documents in the copyright registration application must be made in Vietnamese; In case it is made in another language, it must be translated into Vietnamese (notarized or consular legalized).

Procedure for registering copyright protection

Pursuant to Clause 5, Clause 6 and Clause 8, Article 38 of Decree 17/2023/ND-CP, the procedure for registering copyright protection includes the following steps: directly or via postal service or through the online public service portal.

Step 1: Organizations and individuals submit 01 set of copyright registration documents through one of the following methods:

• Directly or via postal service to the Copyright Office, or the Copyright Office’s application receiving point in Ho Chi Minh City, the Copyright Office’s application receiving point in Da Nang city.
• Through the online public service portal of the Ministry of Culture, Sports and Tourism in the field of copyright and related rights.

Step 2:  The Copyright Department has the authority to review, classify and consider the validity of dossiers within 01 month from the date of receipt of the dossier;

Step 3: In case the dossier is not valid, the competent state agency shall notify and request the organization or individual to amend and supplement the dossier.

Organizations and individuals have a maximum period of 01 month from the date of receipt of the notice to amend and supplement documents, except in the case of force majeure events or objective obstacles as prescribed by law. In case the organization or individual does not amend or supplement the dossier or has amended or supplemented the dossier but the dossier is still invalid, the competent state agency shall return the dossier to the organization or individual;

Step 4: Issuance of Copyright Registration Certificate

• After 15 working days from receipt of valid documents, the Copyright Office will issue a Copyright Registration Certificate.
• In case the registration application is rejected, the Copyright Office must notify the applicant in writing.

Fee for issuance of copyright protection certificate

Based on Section I, Clause 1, Article 4 on fee rates in Circular No. 211/2016/TT-BTC, the fee for issuing a copyright protection certificate will range from 100,000 VND to 600,000 VND, depending on the type of work.

The most standard registration service and support for copyright protection registration

Copyright is intellectual property rights for creative works, from literature, art, and music to computer software. To protect legal rights, authors need to carry out copyright registration procedures accurately and quickly. Long Phan’s copyright protection registration service provides comprehensive solutions, helping you protect your creative works and maximize the value of your intellectual property. Coming to Long Phan, you will get:

• Consulting on copyright regulations, including conditions, fees,…
• Prepare complete copyright registration documents
• Instructions on the order and procedures for registering copyright
• Representative submits copyright registration documents and monitors the approval process at the competent authority, ensuring that documents are processed quickly and according to the process.
• Consulting and guidance on solving problems that arise during the process of registering copyright protection
• Consulting on other related issues.

Procedures for registering copyright protection include submitting an application, providing information about the work, and paying fees according to regulations. Once completed, the author will be issued a copyright certificate, legally protecting his intellectual property rights. This not only prevents infringement, but also helps authors feel secure in developing their creativity and exploiting economic benefits from their works. Please contact Long Phan via hotline: 0906735386 for detailed advice and support in registering copyright today!