REGISTRATION OF COPYRIGHT: SIMPLE AND LATEST PROCEDURES IN 2023

Copyright is automatically protected, so copyright registration is not required. That's why many people are subjective to this issue. When a dispute arises, for many reasons many subjects cannot prove the copyright to the work. Therefore, to protect their legitimate rights and interests, authors and owners should register copyright. Below, OTIS LAWYERS would like to provide the latest copyright registration procedures in 2023.

Legal Ground

Law on Intellectual Property 2005, amended and supplemented in 2009 and 2019

Decree No. 22/2018/ND-CP detailing a number of articles and measures to implement the 2005 Intellectual Property Law and the Law amending and supplementing a number of articles of the 2009 Intellectual Property Law on copyright, related rights.

Grounds for arising rights

According to the provisions of Clause 2, Article 4 of the Intellectual Property Law 2019: "Copyright is the right of an organization or individual to a work they create or own."

This right arises from the moment the work is created and is expressed in a certain form, regardless of content, quality, form, medium, language, published or unpublished, has registered or unregistered.

Concepts and reasons for copyright registration

The concept of copyright registration

According to Clause 1, Article 49 of the 2019 Intellectual Property Law, copyright registration means that an author or a copyright owner submits an application and accompanying documents to a competent state agency to record the information about the author, work, copyright owner.

Reasons for copyright registration

The creative field of copyright is mainly cultural and artistic to satisfy spiritual needs and improve understanding in the fields of literature, art and science. Therefore, the overlapping of ideas and forms of works occurs a lot. At that time, the parties will have a copyright dispute, and the parties will have to prove their own copyright to the work. Copyright registration certificate is the most practical proof.

Therefore, although copyright registration is not required, copyright holders and authors should register to protect their rights.

Dossier

The following documents should be prepared:

• Copyright registration form

The declaration must be made in Vietnamese and signed by the author himself, the copyright owner or the person authorized to file the application, and contain all information about the applicant, the author, and the copyright owner; summary of the work's content; the name of the author, the work used as a derivative work if the work is registered as a derivative work; time, place and form of publication; commitment to responsibility for the information stated in the application.

• Two copies of works: 01 copy is kept at the Copyright Office. 01 copy stamped with the registration certificate number shall be returned to the holder of the Certificate of Registration.

Note: For works with particular characteristics such as paintings, statues, monuments, reliefs, monumental paintings associated with architectural works; works that are too large and bulky, the registered copy of the work is replaced by a three-dimensional photograph.

• Power of Attorney, if the applicant is an authorized person;
• Documents proving the right to file an application, if the applicant enjoys that right of another person through inheritance, transfer or inheritance;
• Written consent of co-authors, if the work has co-authors;
• Written consent of the co-owners, if the copyright is jointly owned.

Procedures for copyright registration

Step 1. Identify the type of work

After completing the work, the owner, the author determines the type of work to conduct the drafting of the copyright registration dossier.

Step 2: Prepare dossier for copyright registration

Drafting copyright registration documents in accordance with the law

Step 3: Submit copyright registration documents in person or by post to the following addresses

• Copyright Office: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi.
• Representative office of Copyright Office:

(Representative office in Ho Chi Minh City: No. 170 Nguyen Dinh Chieu, Ward 6, District 3, Ho Chi Minh City.

Representative office in the city. Da Nang: No. 58 Phan Chu Trinh, Hai Chau District, Da Nang City)

Step 4: The Copyright Office appraises and issues copyright registration certificates

 Within fifteen working days from the date of receipt of a valid application, the Copyright Office is responsible for granting a copyright registration certificate to the applicant.

  In case of refusal to grant a copyright registration certificate, the Copyright Office must notify the applicant in writing.

Works protected by copyright

After completing the work, the author, the owner considers the following types of works to register:

• Literary and scientific works, textbooks, textbooks and other works expressed in writing or other characters;
• Lectures, speeches and other speeches;
• Press works;
• Musical works;
• Theater works;
• Cinematographic works and works created by a similar method (hereinafter referred to as cinematographic works);
• Visual and applied art works;
• Photographic works;
• Architectural works;
• Maps, diagrams, maps, drawings related to topography, architecture, scientific works;
• Literary and folk art works;
• Computer program, data collection.
• Derivative works are works created on the basis of existing works (original works) by changing content, form of expression or both. A derivative work is protected only if it does not prejudice the copyright in the work used to make the derivative work.

OTIS LAWYERS. Copyright Registration Service

• Legal advice on conditions and procedures for copyright registration for authors and owners of works.
• Consulting to determine the appropriate type of work for copyright registration
• Drafting copyright registration dossiers to submit to competent state agencies
• Representative of customers to register copyright
• Exchange and provide information to customers during the copyright registration process
• Consulting, handling disputes arising related to copyright.

Above are the sharing of OTIS LAWYERS about copyright registration under current law. OTIS LAWYERS hopes that this article will help readers when they go to register to protect their rights in the future. OTIS LAWYERS provides consulting and customer support services in the field of intellectual property. OTIS LAWYERS with a professional and experienced team ensures to provide you with the service that makes you most satisfied.

For any questions or comments, please contact:

OTIS AND PARTNERS LAW FIRM

Office address: K28 - Group K, Lane 68 Trung Kinh, Yen Hoa Ward, Cau Giay District, Hanoi

Email: [email protected]

Hotline: 0987748111