What is copyright? Things to know about copyright

What is copyright? This is the right of organizations and individuals to work they create or own. Copyright is an important content in Vietnam’s Intellectual Property Law, aimed at protecting the rights of authors and promoting the development of creativity. This article will provide customers with necessary information about copyright and copyright registration services at Long Phan.

What is copyright?

According to Clause 2, Article 4 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019), copyright is the right of organizations and individuals to works they create or own. Copyright includes moral rights and property rights.

• Personal rights: Attached to the author and work, cannot be transferred. Moral rights include the right to be recognized as the author, the right to protect the integrity of the work, and the right to prevent others from editing, mutilating or distorting the work to affect the author’s honor and reputation. For example, the author has the right to request that his or her name be written on the work, and to object to modifications to the work that distort the original meaning.
• Property rights: Includes the rights to exploit the work such as copying, distributing, publishing, and communicating the work to the public. Property rights can be transferred to others through forms such as copyright transfer contracts or work license contracts. For example, an author has the right to sell copyright to a publisher or allow a company to use his or her work in advertising.

Copyright is established when a work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or not registered.

Although copyright registration is not mandatory, registration provides many benefits to the author, including proving ownership of the work, protecting the author’s rights in the event of a dispute, and facilitating commercial exploitation of the work.

Types of works protected by copyright today

Clause 1, Article 3 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019) stipulates that protected objects of the Law on Intellectual Property include:

• Copyright;
• Rights related to copyright.

Subject matter of copyright includes literary, artistic and scientific works, specifically:

• Literary works: Books, novels, short stories, poems, movie scripts, articles,…
• Scientific works: Theses, research reports, lectures,…
• Fine arts works: Paintings, statues, graphics, photography,…
• Musical works: Songs, instrumental music,…
• Cinematic works: Feature films, documentaries, video clips,…
• Computer programs: Software, applications, websites,…
• Derivative work: A work adapted from an original work, such as translation, film adaptation,…
• Compiled works: Works made up of many different works, such as poetry collections, music albums,…

Note: These works must be created by the author and presented in a certain physical form.

Conditions for works to be protected by copyright

According to Article 14 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019), a work is protected by copyright when it meets the following conditions:

1. Creativity: The work must be the result of the author’s intelligence and creativity, not copied from the work of others. Creativity is expressed in the uniqueness and novelty of the work.
2. Expressed in physical form: The work must be expressed in a certain physical form, which can be perceived by the senses (seeing, hearing,…) or by technical means. For example, literary works are expressed in writing, musical works are expressed in musical notes, and fine arts works are expressed in paintings.
3. Not subject to exclusions: Works are not subject to protection as prescribed in Article 13 of the Law on Intellectual Property 2005 (amended and supplemented 2009, 2019), including:

• News information.
• Legal documents, administrative documents, other documents in the judicial field and official translations of those documents.
• Processes, systems, operating methods, concepts, principles, data.

Some things to know about copyright

Copyright protection period

The term of copyright protection is specified in Article 27 of the Law on Intellectual Property 2005 (amended and supplemented 2009, 2019) as follows:

• Published works: Copyright is protected indefinitely for personal rights and throughout the author’s life and for 50 years after the author’s death for property rights.
• Unpublished works: Copyright is protected during the author’s lifetime and 50 years after the author’s death.
• Works of co-authors: Copyright is protected during the life of the last co-author and 50 years after the death of that co-author.
• Works created due to work or tasks: Copyright is protected for 50 years, from the time the work is first published; If the work is not published within 50 years from the time the work was created, copyright is protected for a period of 50 years from the time the work was created.

Rights related to copyright

Article 15 of the Law on Intellectual Property 2005 (amended and supplemented 2009, 2019) stipulates that rights related to copyright are the rights of organizations and individuals to performances, audio recordings, video recordings, broadcast programs, and encrypted satellite signals carrying programs.

Subjects of related rights include:

• Performing artists: Singers, musicians, actors, etc. have related rights to their performances.
• Producers of audio and video recordings: Have relevant rights to the audio and video recordings they produce.
• Broadcasting organization: Radio and television stations have relevant rights to their broadcast programs.
• Organization distributing pay television broadcasts: Has relevant rights to the pay television broadcasts it distributes.
• Press agency: Has relevant rights to the articles, news, and images it produces.

Term of protection of related rights:

• The show: 50 years since the show was first performed.
• Audio and video recordings: 50 years since the first audio and video recordings were made.
• Broadcast: 20 years, since the broadcast was first broadcast.
• Encrypted broadcast satellite signal: 20 years, since the encrypted broadcast satellite signal was first transmitted.
• Audio and video recordings of broadcast programs: 50 years since the broadcast program was first audio and video recorded.

Acts of copyright infringement

Article 19 and Article 20 of the Law on Intellectual Property 2005 (amended and supplemented 2009, 2019) regulate acts of copyright infringement, including:

• Copying a work: Copying all or part of a work without the permission of the copyright owner.
• Distributing copies of works to the public: Distributing, selling, renting copies of works without permission.
• Providing works to the public through media networks: Posting works on the Internet or intranet without permission.
• Displaying works to the public: Displaying works at exhibitions, stores,… without permission.
• Importing copies of works: Illegally importing copies of works into Vietnam.
• Committing acts that violate the author’s personal rights: Editing, mutilating, distorting works that affect the author’s honor and reputation.

Consequences of copyright infringement:

• Compensation: Copyright infringers must compensate for material and mental damages to the copyright owner.
• Restore the honor and reputation of the author: Copyright infringers must publicly apologize, remove infringing works,…
• Apply administrative measures: Fines, confiscation of exhibits,…
• Criminal prosecution: In some serious cases, copyright infringers may be criminally prosecuted.

Full package copyright protection registration service at Long Phan

Long Phan provides professional, comprehensive copyright protection registration services. Long Phan’s experts will perform:

• Detailed advice on copyright protection registration procedures.
• Prepare complete and accurate copyright protection registration documents according to regulations.
• Representing customers to submit applications and monitor progress at the Copyright Office.
• Receive the results and give the Copyright Registration Certificate to customers.

Copyright is an important right of organizations and individuals to their works.  A clear understanding of copyright will help customers protect their rights, avoid disputes and effectively exploit the value of the work.  Registering for copyright protection is the best way to protect your interests.  Contact Long Phan via the hotline 0906735386 for advice and support on copyright protection registration.