Term of copyright protection according to the Law on Intellectual Property

The term of copyright protection is the period of time during which the author has the right to profit from his or her work. According to Vietnamese law and the Berne Convention, copyright has a specific protection period depending on the type of work. In this article, customers will better understand the regulations related to the copyright protection period and legal issues to keep in mind.

Regulations on copyright

Copyright is regulated in Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2022. Accordingly, copyright is the right of organizations and individuals to the works they create or own. Copyright arises when the work is formed in a certain material form, regardless of whether the work has been published or not. This helps protect the author’s rights from the moment the work is created.

Subjects protected by copyright

Types of works protected by copyright include:

1. Literary, artistic and scientific works include:

• Literary and scientific works, textbooks, curriculum, and works expressed in writing or characters.
• Lectures, speeches, journalistic works.
• Musical, theatrical, and cinematic works.
• Visual works, applied arts, photography, architecture.
• Maps, diagrams, drawings related to topography and scientific works.
• Literary works, folk art, computer programs, data collections.

2. Derivative works are protected if they do not prejudice the copyright of the original work.
3. The above works must be created directly from the author’s intellectual labor, not copied from the works of others.

However, some subjects are not protected by copyright such as current news, legal documents, and operating systems and methods. This is to ensure that only highly creative works enjoy copyright.

CSPL: Article 14, 15 of the Law on Intellectual Property 2005, amended and supplemented 2022

Conditions for works to be protected by copyright

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

• The work must be created directly by the author’s intellectual labor, not copied from another person’s work.
• The work needs to be expressed in a physical form, such as a book, song, film, or other creative form.
• The author must be an organization or individual with ownership rights to the work, and can be a Vietnamese or a foreigner whose work is published in Vietnam.

This ensures that only works that meet the criteria of creativity and expression in a particular form are protected.

CSPL: Article 6, Article 13, 14 of the Law on Intellectual Property 2005, amended and supplemented 2022.

Term of copyright protection

According to Article 27 of the Law on Intellectual Property 2005, amended and supplemented in 2022, the copyright protection period is specified as follows:

1. The moral rights of the author (except the right to publish the work) are protected indefinitely.
2. Property rights and rights to publish works have different protection periods:

• Cinematographic works, photographic works, applied arts, and anonymous works are protected for 75 years from first publication.
• For works that have not been published in the first 25 years, they will be protected for 100 years, from the time the work was created.
• Other works will be protected during the author’s lifetime and 50 years after the author’s death.

Note that the copyright protection period will end on December 31 of the last year of the protection period.

>>> See more: Instructions on correct copyright registration procedures.

Consulting on copyright protection term and related procedures

To protect your legal rights, customers need to clearly understand the regulations on copyright protection period and related procedures. At Long Phan, we support customers with regulations on protection periods and procedures related to copyright. Our services include:

• Consulting on regulations related to copyright protection period.
• Consulting on procedures for registering copyright protection.
• Assist customers in drafting necessary documents and applications to register for protection.
• Representing customers to submit applications and work at competent agencies.
• Support customers to edit and supplement documents when required.
• Consulting on procedures for extending protection and transferring intellectual property rights.
• Consulting on ways to resolve disputes when disputes arise.

The term of copyright protection is an important factor that helps the author protect his or her rights throughout the process of exploiting the work. If you have any questions about this regulation, or need advice on related procedures, please contact us immediately via the hotline 0906735386. We are always ready to support you!