Copyright registration is the process by which the owner of a work, or the author who created the work, completes the necessary legal procedures to submit a copyright registration application to the Copyright Office for protection of their work.
Today, with the continuous development of industrialization, the role of intellectual property products is increasingly being enhanced and constantly increasing. Along with that development, the awareness of registering intellectual property for products of individuals and organizations is also increasingly emphasized. Among the subjects of intellectual property registration, copyright and related rights registration has been actively implemented by individuals and organizations to protect and promote ownership rights over the registered subjects.
In this article, the author will advise and guide the procedures for registering copyright and related rights so that customers can refer to it in the most detailed way.
1. Legal Basis
To register copyright, it is necessary to comply with the following laws and decrees:
- Law on Intellectual Property 2005, Law on Intellectual Property amended in 2009, Law on Intellectual Property amended in 2019.
- Decree No. 22/2018/NĐ-CP dated February 23, 2018.
2. What is Copyright?
According to Clause 2, Article 4 of the Law on Intellectual Property 2005, copyright is the right of an organization or individual to a work that they have created or owned.
Copyright arises from the moment the work is created and is expressed in a certain material form, regardless of content, quality, form, means, language, whether it has been published or not, registered or not.
3. Author's Rights
Author's rights include moral rights and property rights.
3.1. Moral Rights
Moral rights include the right to:
- Name the work
- Use the author's real name or pseudonym on the work
- Be named when the work is published or used
- Publish the work or allow others to publish it
- Protect the integrity of the work and prevent others from modifying, cutting, or distorting it in any way that harms the author's reputation and prestige.
If the author is not the owner of the work, they will have the following moral rights:
- To name the work
- To use their real name or pseudonym on the work
- To protect the integrity of the work and allow or not allow others to modify the content of the work.
The owner of the work, if not the author, has the right to:
- Publish the work or allow others to publish it, unless there is an agreement between the author and the owner
- Allow or not allow others to use the work they own, unless there is an agreement between the author and the owner
3.2. Property Rights
Property rights are defined in Article 20 of the current Intellectual Property Law. They include the right to:
- Create derivative works
- Perform the work in public
- Reproduce the work
- Distribute, import original or copies of the work
- Communicate the work to the public by means of wire, radio, electronic information network, or any other technical means of communication
- Rent the original or copies of cinematographic works and computer programs.
If the author is not the owner of the work, they will have the following property rights:
- Receive royalties
- Receive remuneration when the work is used
- Receive awards for their work
The owner, if not the author, will receive the material benefits from using the work in the form of publication, reproduction, display, exhibition, performance, broadcasting, television, recording, filming, photography; translation, adaptation, adaptation, conversion, and rental.
Author's rights are one of the subjects protected by the Intellectual Property Law. Proactively registering copyrights is a practical way for individuals and organizations to have a solid legal basis to protect their assets.
For copyright registration consultation, please contact hotline: 0981317075
4. Works Eligible for Copyright Registration
Literary, artistic, and scientific works protected by copyright include:
- Literary and scientific works, textbooks, syllabi, and other works expressed in written or other characters: Works expressed in Braille for the visually impaired, shorthand symbols, and similar symbols that replace written words and can be reproduced in various forms by the target audience.
- Lectures, speeches, and other presentations: Works expressed in spoken language and must be fixed in a tangible form.
- Journalistic works: Works with independent content and complete structure, including the following genres: Reportage, quick notes, reports, interviews, reflections, investigations, comments, editorials, special reports, journalistic reports, and other journalistic genres intended for publication or broadcast on print, spoken, visual, electronic newspapers, or other media.
- Musical works: Works expressed in the form of musical notes in sheet music or other musical symbols, or fixed on audio or video recordings with or without lyrics, regardless of whether they are performed or not.
- Stage works: Works belonging to the performing arts category, including: Cheo, tuong, cai luong, puppetry, drama, folk drama, physical drama, musical, circus, comedy, variety shows, and other performing arts forms.
- Cinematographic works and works created by similar methods: Works expressed in moving images, with or without sound and other means, according to the principles of film language. Still images extracted from a cinematographic work are part of that cinematographic work.
- Works of visual art and applied art: Works expressed by lines, colors, shapes, and composition such as: Painting, graphics, sculpture, installation art, and similar forms of expression, existing in unique form. For the graphic type, it can be expressed up to the 50th version, numbered and signed by the author. Works expressed by lines, colors, shapes, and composition with a functional feature, which can be attached to a useful object, produced manually or industrially such as: Graphic design (form of expression of logos, identity systems and product packaging), fashion design, product design, interior design, decoration.
- Photographic works: Works that depict the objective world on light-sensitive materials or on the medium on which the image is created, or can be created by chemical, electronic or other technical methods. Photographic works may or may not have captions.
- Architectural works: Works belonging to the architectural category, including: Architectural design drawings of a building or complex of buildings, interiors, and landscapes; Architectural works. Cartographic works, diagrams, maps, and drawings related to topography, architecture, and scientific works: Cartographic works, diagrams, maps, and drawings related to topography, scientific and architectural works.
- Folkloric literary and artistic works: Performing arts forms such as cheo, tuong, cai luong, puppetry, singing styles, musical melodies; dances, plays, folk games, village festivals, and folk ritual forms.
- Computer programs and databases.
5. Application for Copyright Registration in Vietnam
According to Clause 2, Article 50 of the Intellectual Property Law 2005 and the amended Intellectual Property Law 2009, an Application for Copyright and Related Rights Registration includes the following:
a) Application form for copyright and related rights registration:
- The application form must be in Vietnamese and signed by the author, copyright owner, owner of related rights, or authorized representative. It must contain complete information about the applicant, author, copyright owner, or owner of related rights; a summary of the content of the work, performance, phonogram, videogram, or broadcast; the name of the author, the work used as the derivative work if the registered work is a derivative work; the time, place, and form of publication; and a declaration of responsibility for the information contained in the application.
- The Ministry of Culture and Information prescribes the form for copyright and related rights registration.
b) Two copies of the work for copyright registration or two copies of the fixed object for related rights registration:
c) Power of attorney, if the applicant is an authorized representative:
d) Documents proving the right to file the application, if the applicant enjoys that right of another person due to inheritance, transfer, or succession:
e) Consent of co-authors, if the work has co-authors:
f) Consent of co-owners, if the copyright or related right is jointly owned:
Note: Documents specified in points c, d, e, and f of Clause 2 of this Article must be in Vietnamese; if they are in a foreign language, they must be translated into Vietnamese.
If you use Thien Di's service, we will prepare and draft all the necessary documents and files for copyright registration.
Documents to be provided to Thien Di when choosing the copyright registration service:
- 02 notarized copies of the author's ID card/Citizen ID card
- 03 originals of the work (If it is software, then 03 CDs/CD ROMs containing the software, and 03 printed copies of the main interfaces of the software)
- 01 notarized copy of the Business Registration Certificate (if the owner is an organization)
- Agreement for the sale of rights and approval for the registration of the derived work.
6. Who Can Apply for Copyright Registration in Vietnam?
According to the Law on Intellectual Property, authors or owners of works, whether individuals or legal entities, both domestic and foreign, have the right to apply for copyright registration for their works at the Copyright Office.
When applying, domestic individuals and legal entities can directly submit the application to the registration office or authorize a copyright representative organization to submit the application on their behalf.
For foreign individuals and legal entities who want to register copyright in Vietnam, they cannot directly submit the application but must authorize a copyright representative organization to submit the application for the work in Vietnam.
7. Types of Works Protected by Copyright in Vietnam
The following are the types of works protected by copyright in Vietnam, as specified in the Law on Intellectual Property:
Literary, artistic, and scientific works:
a) Literary and scientific works, textbooks, teaching materials, and other works expressed in written or other characters;
b) Lectures, speeches, and other presentations;
c) Press works;
d) Musical works;
e) Dramatic works;
f) Cinematographic works and works created by similar methods (hereinafter referred to collectively as cinematographic works);
g) Fine art and applied art works;
h) Photographic works;
i) Architectural works;
j) Maps, diagrams, plans, and drawings related to topography, architecture, or scientific works;
k) Folklore and folk art works;
l) Computer programs and data collections.
Derivative works:
A derivative work is only protected under Clause 1 of this Article if it does not prejudice the copyright to the work used to create the derivative work.
Authorship:
Works protected under Clauses 1 and 2 of Article 14 of the Law on Intellectual Property must be directly created by the author through their intellectual labor and not copied from another person's work.
Specific guidance:
The Government shall provide specific guidance on the types of works set forth in Clause 1 of Article 14 of the Law on Intellectual Property.
For more information, please read the Law on Intellectual Property 2005, the Law on Intellectual Property 2009 (amended), the Law on Intellectual Property 2019 (amended), or contact Thien Di (0981 317 075) for specific advice.
8. How to Register for Copyright Protection in Vietnam
8.1. Step 1: Determine the Type of Work to be Protected
According to the Intellectual Property Law, the following types of works are eligible for copyright protection:
1. Literary, artistic, and scientific works:
a) Literary, scientific, textbooks, teaching materials, and other works expressed in written or other characters;
b) Lectures, speeches, and other spoken works;
c) Press works;
d) Musical works;
e) Dramatic works;
f) Cinematographic works and works created by similar methods (hereinafter referred to collectively as cinematographic works);
g) Visual and applied art works;
h) Photographic works;
i) Architectural works;
j) Maps, diagrams, charts, and drawings related to topography and scientific works;
k) Folklore;
l) Computer programs and databases.
2. Derivative works shall be protected only as provided for in Clause 1 of this Article if they do not prejudice the copyright in the work used to create the derivative work.
3. Works protected under Clauses 1 and 2 of this Article must be directly created by the author through their intellectual labor and not copied from the works of others.
4. The Government shall provide specific guidance on the types of works specified in Clause 1 of this Article.
Additionally, the following are specifically excluded from copyright protection:
- Purely factual news reports.
- Legal and administrative documents, other documents in the judicial field, and official translations of such documents.
- Processes, systems, methods of operation, concepts, principles, and data.
8.2. Step 2: Prepare Information and Documents for Copyright Registration
After determining the type of work to be registered for copyright, the owner or the authorized person will prepare the necessary information and documents for registration.
8.3. Step 3: Draft the Copyright Registration Application
After determining the type of work to be registered for protection, the author or owner will prepare the application file according to the information provided by Thien Di above.
If you authorize Thien Di to do so, you will need to prepare the following:
a) Copyright registration form (application) according to the form of the Copyright Office
Note: The registration form will be made in Vietnamese. The applicant or the authorized organization must complete all the information required on the form, including basic information such as (i) information about the owner of the work (ii) information about the author (iii) information about the company authorized to register (iv) information about the work to be registered (v) information about the date of completion of the work, the date of publication of the work, the form of publication, a summary of the work...etc.
b) 02 copies of the registered work. Specifically, as follows:
- For written works: 02 books on A4 paper with page numbers and the author's signature on each page or the company's seal;
- For computer programs: 02 printed copies of the source code + software interface on A4 paper + 02 CDs containing the source code and interface;
- For applied art works: 02 printed copies on A4 paper of the work with the author's signature or seal, owner of the work;
- For musical works: 02 printed copies of the musical score + lyrics or a recording (sound recording) if it has been recorded;
- For architectural works: 02 drawings on A3 paper
+……………………………………………………………….
Note: For special works (paintings, statues...) with bulky sizes, the copies will be replaced by photographs.
c) Power of attorney or authorization contract (Authorizing Thien Di to represent the Registration) - Form provided by Thien Di
d) Original documents confirming the filing fee payment in case the applicant is an heir, assignee...
e) Agreement between the authors in case the work has multiple authors (co-authors)
f) In case the work registered for copyright is owned jointly, a certificate of consent from the other co-owners will be required.
g) Identity card/passport of the author (copy)
h) Declaration of the author (according to the form provided by Thien Di)
i) Copy of business registration certificate, decision on establishment...etc. (in case the registered owner is a legal entity, organization)
j) Decision on assignment of work in case the registered owner is a legal entity or a contract to hire another party to create the work (according to the form provided by Thien Di).
8.4. Step 4: Submitting the Copyright Registration Application
The author, copyright owner, or owner of related rights can directly submit a copyright registration application at the headquarters of the Ho Chi Minh City Copyright Office or AUTHORIZE Thiên Di to do so on their behalf.
The copyright registration application can be submitted in person or by mail. However, to avoid unnecessary problems and if possible, the applicant should still submit the copyright registration application directly to the following addresses:
i) Copyright Registration Address in Hanoi:
Copyright and Related Rights Registration Department, Copyright Office
No. 33 Alley 294/2 Kim Ma, Ba Đình, Hanoi, Hanoi City. Tel: 024.38 234 304.
ii) Copyright Registration Address in Ho Chi Minh City:
Representative Office of the Copyright Office in Ho Chi Minh City:
No. 170 Nguyen Dinh Chieu, Ward 6, District 3, Ho Chi Minh City. Tel: 028.39 308 086
iii) Copyright Registration Address in Da Nang:
Representative Office of the Copyright Office in Da Nang City:
No. 01 An Nhơn 7 Street, An Hai Bac Ward, Son Tra District, Da Nang City. Tel: 0511.3 606 967
8.5. Step 5: Tracking the Copyright Registration Application after Submission
After the application is submitted to the Copyright Office, it will be reviewed by experts before a Certificate of Copyright Registration is issued. During the review process, the expert may request the applicant to amend or supplement the application for it to be accepted as valid.
8.6. Step 6: Receiving the Certificate of Copyright Registration for the Registered Work
After reviewing the application and confirming that it is valid and complete, the Copyright Office will issue a Certificate of Registration to the owner to recognize the ownership of the work.
Note:
- The copyright registration process in Vietnam can take several months.
- It is important to carefully prepare the application and submit all required documents to avoid delays.
- The Copyright Office website provides detailed instructions and forms for copyright registration.
9. Time for Issuing Copyright Certificate
Within 20-35 working days from the date of receiving a valid application, the state management agency for copyright and related rights shall be responsible for issuing the Certificate of Copyright Registration and the Certificate of Registration of Related Rights to the applicant.
In case of refusing to grant a Certificate of Copyright Registration or a Certificate of Registration of Related Rights, the state management agency for copyright and related rights must notify the applicant in writing.
Note: Customers can shorten the time for considering the issuance of a Certificate of Copyright Registration to 10-15 days by using Thien Di's consulting and application submission service.
10. Copyright Registration Fee in 2021
Before proceeding with copyright registration, many customers will be interested in the registration fee to see if it is expensive and how it is calculated.
To answer this question, we will advise on the following fee calculation:
(i) Copyright Registration Fee:
The registration fee is the fee that authors and owners of works will have to pay to the registration agency (Copyright Office) and will vary depending on the type of work.
For example, the registration fee for written works is 400,000 VND, and for computer programs, it is 600,000 VND.
Since there are many types of works, we have an article on registration fees: customers can refer to the copyright registration fee for specifics.
(ii) Copyright Registration Service Fee:
The copyright registration service fee only occurs when the author or owner of the work uses the registration service by authorizing a copyright agency to represent them in carrying out all copyright registration procedures.
For this fee, each company will have a different calculation method based on the work content, service quality, and other factors according to customer requirements.
Please contact Thien Di directly to know the registration fee. Customers can contact the consultant directly using the information below for advice on the registration fee.
11. Professional and Complete Copyright Registration Service
Throughout the copyright registration process for our clients, we always perform our tasks fully, including:
1. Consulting:
- Providing advice on necessary documents, procedures, and time for copyright registration.
- Consulting and categorizing copyright registration subjects to suit clients' requests.
2. Preparing documents:
- Drafting registration dossiers.
- Providing clients with the most suitable and latest forms.
3. Submitting and receiving documents:
- Acting on behalf of clients to submit registration dossiers, receive and respond to reviews, and pay fees at the Copyright Office.
- Monitoring the dossier processing process on behalf of clients.
4. Supplementing and correcting dossiers:
- Supplementing or correcting dossiers at the request of the dossier processing officer (if any).
5. Receiving certificates:
- Receiving copyright registration certificates and delivering them to clients.
6. Handling complaints:
- Filing complaints against decisions to refuse to grant certificates (if any).
7. Consulting on copyright infringement:
- Consulting on handling copyright infringement cases for registered works (if any).
11.1. Reasons to choose Thiên Di's service:
- We have successfully registered copyrights for more than 2,000 businesses, individuals, and organizations.
- We help clients save 1-2 months of time to focus on their professional work.
- We are enthusiastic and timely support clients in all situations.
- Our team consists of experts and staff who are professionally trained, highly skilled, and experienced.
- We are always updated on new regulations/rules and regularly participate in professional training courses to improve our expertise and work experience.
- We are capable of handling high work pressure.
- We constantly improve ourselves and focus on bringing absolute satisfaction to our clients.
11.2. Human Resources
Human resources are the key to the success of any business. Therefore, Thien Di always focuses on building and developing a professional, serious, and customer-friendly human resource team - which has been the compass for our success over the past time.
Thien Di provides services for medical equipment import procedures, medical equipment classification services, application for medical equipment import licenses, import licenses for medical equipment, etc. in Vietnam. Currently, we provide this service in most provinces and cities across the country, completing the application and procedures on behalf of clients to submit to state agencies, so clients will not have to spend time doing administrative procedures.
Contact Info:
THIEN DI TRADING SERVICES COMPANY LIMITED
Address: No. 36 Street A4, Ward 12, Tan Binh District, Ho Chi Minh City
Hotline: 0981317075
Phone: 028.6293 9377
Email: info@luatthiendi.com
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