Copyright Registration Services

Copyright registration for authors is a crucial step in protecting creative works from unauthorized infringement and reproduction. The registration process not only confirms lawful ownership but also establishes a solid legal foundation to effectively manage and exploit one’s works. By completing registration, you ensure that your rights related to the work are protected and respected in accordance with the law.

Legal Provisions on Copyright

Pursuant to Clauses 3 and 4, Article 4 of the Intellectual Property Law 2005 (as amended in 2009, 2019, and 2022):

– Copyright is the right of organizations or individuals over works created or owned by them. Copyright arises automatically from the moment the work is fixed in a tangible form, regardless of whether the work has been published or registered.

– Related rights to copyright (hereinafter referred to as related rights) are the rights of organizations or individuals over performances, phonograms, video recordings, broadcasts, and satellite signals carrying encoded programs.

Contents of Copyright

Pursuant to Article 18 of the Intellectual Property Law 2005, copyright consists of moral rights and economic rights.

Regarding economic rights, pursuant to Article 20 of the Intellectual Property Law 2005 (as amended by Clause 5, Article 1 of the Intellectual Property Law Amendment 2022), specifically:

1. To create derivative works;
2. To perform the work in public;
3. To reproduce the work;
4. To distribute or import the original or copies of the work;
5. To communicate the work to the public by wire or wireless means, through information networks, or by any other technical means;
6. To lease the original or copies of cinematographic works or computer programs.

These economic rights are exclusively exercised by the author or copyright owner, or authorized to others. Organizations or individuals exploiting or using one, several, or all of these economic rights must obtain permission from and pay remuneration to the copyright owner.

Regarding moral rights, pursuant to Article 19 of the Intellectual Property Law 2005 (as amended by Clause 5, Article 1 of the Intellectual Property Law Amendment 2022), specifically:

1. To name the work.
The author may transfer the right to name the work to the transferee of economic rights under Clause 1, Article 20 of this Law;

2. To have his/her real name or pseudonym indicated on the work; to have his/her real name or pseudonym mentioned when the work is published or used;

3. To publish the work or authorize others to publish the work;

4. To protect the integrity of the work, preventing any distortion, modification, or mutilation of the work in any form that is prejudicial to the honor and prestige of the author.

Types of Works Eligible for Copyright Registration

Pursuant to Article 14 of the Intellectual Property Law 2005 (as amended by Clause 5, Article 1 of the Intellectual Property Law Amendment 2009), the following types of works are protected:

“Article 14. Types of Works Protected by Copyright

1. Literary, artistic, and scientific works protected include:

a) Literary, scientific works, textbooks, teaching materials, and other works expressed in writing or other characters;

b) Lectures, speeches, and other oral presentations;

c) Press works;

d) Musical works;

đ) Dramatic works;

e) Cinematographic works and works created by similar methods (hereinafter collectively referred to as cinematographic works);

g) Fine art works and applied art works;

h) Photographic works;

i) Architectural works;

k) Maps, diagrams, sketches, and drawings related to topography, architecture, and scientific projects;

l) Folk literary and artistic works;

m) Computer programs and data compilations.”

Benefits of Copyright Registration

Legal protection of rights: Pursuant to the Intellectual Property Law, copyright registration confirms and protects your lawful ownership of the work. In cases of disputes or infringements, the copyright certificate serves as important legal evidence.

Increased commercial value of the work: Copyright registration not only affirms lawful ownership but also enhances the commercial value of the work. The certificate can attract interest from investors, partners, or potential customers.

Easier dispute resolution: In the event of disputes over ownership or use of the work, having a copyright certificate enables quicker and more effective legal resolution.

Conditions for Copyright Registration

The conditions for copyright protection under the Intellectual Property Law 2005 (as amended in 2009, 2019, and 2022) are as follows:

• Being the person who directly created the work and also the copyright owner;
• Being Vietnamese or foreign organizations or individuals whose works are first published in Vietnam and have not been published in any other country;
• Being Vietnamese or foreign organizations or individuals whose works are simultaneously published in Vietnam within 30 days from the date of first publication in another country;
• Being foreign organizations or individuals whose works are protected in Vietnam under international treaties on copyright to which Vietnam is a party.

Copyright Registration Dossier

The dossier components include:

1. Application form for copyright registration (Form No. 01 issued with Circular No. 08/2016/TT-BVHTTDL dated July 2, 2016, regulating forms in copyright and related rights registration activities).
The application must be in Vietnamese and signed by the author, copyright owner, or authorized person, fully providing information about the applicant, author, copyright owner; a summary of the work’s content; the name of the author and work used as a derivative work (if the registered work is a derivative work); date, place, and form of publication; and a declaration of responsibility for the information in the application;

2. Two copies of the work to be registered;

3. Power of attorney, if the applicant is an authorized person;

4. Documents proving the right to file, if the applicant derives such right from another person through inheritance, transfer, or succession;

5. Written consent of co-authors, if the work has co-authors;

6. Written consent of co-owners, if the copyright is jointly owned.

Documents specified in points 3, 4, 5, and 6 above must be in Vietnamese; if in a foreign language, they must be translated into Vietnamese.

– Number of dossiers: 01 set.

Places for receiving and issuing registration certificates:

Submit directly or by post to the Copyright Office of Vietnam. Dossiers may be sent by post to the following addresses:

– Registration Division, Copyright Office of Vietnam
No. 33, Lane 294/2 Kim Ma, Ba Dinh District, Hanoi.
Tel: 04.38 234 304.

– 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: 08.39 308 086

– Representative Office of the Copyright Office in Da Nang:
No. 01 An Nhon 7 Street, An Hai Bac Ward, Son Tra District, Da Nang.
Tel: 0511.3 606 967

– Departments of Culture, Sports and Tourism of provinces and centrally-run cities where the author, copyright owner, or related rights owner resides or has headquarters are places for receiving dossiers and forwarding them to the Copyright Office for consideration and resolution in accordance with its authority.

Processing time: Within 15 working days from the date of receipt of a valid dossier, the Copyright Office shall issue a Certificate of Copyright Registration. In case of refusal to issue a certificate, a written notice stating the reasons shall be sent to the applicant.

Copyright Registration Services Provided by BKC Law

BKC Law’s copyright registration service provides a comprehensive and professional solution to protect the rights of authors and copyright owners. We assist clients in completing registration dossiers, advising on legal procedures, and ensuring that your works are recognized and protected in accordance with the law. With a team of experienced lawyers with in-depth knowledge of intellectual property law, BKC Law is committed to delivering efficient services that provide clients with peace of mind in safeguarding their creative works.

For free legal consultation at BKC Law, please contact our Lawyers using the following information:

Telephone: 0901 3333 41

Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City

Binh Tan Office: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City