Resolution of Copyright Disputes with Support from Specialized Lawyers

Copyright disputes often arise from unclear ownership rights over creative works, particularly when the parties involved lack clear legal documentation. Under Vietnamese law, author rights belong to individuals or organizations who create or own a work, protected by the Intellectual Property Law. Protected works include a wide range of types such as literature, art, science, music, computer software, film, theater, photography, architecture, and technical drawings.

When Do Copyright Rights Arise?

According to Article 6 of the Intellectual Property Law, copyright arises automatically once the work is created and expressed in a tangible form—registration is not required. However, in practice, copyright registration with the Copyright Office plays a crucial role in resolving disputes. A copyright certificate serves as clear legal evidence of ownership, helping assert rights before competent authorities or in court.

Categories of Copyright Rights

Vietnamese law classifies copyright into two main categories:

1. Moral Rights

These include:

• The right to name the work

• The right to be identified as the author

• The right to publish the work

• The right to protect the integrity of the work

These rights are personal and non-transferable (except the right to publish under certain conditions).

2. Economic Rights

These include:

• The right to reproduce the work

• The right to distribute or communicate the work to the public

• The right to rent copies (for films, software)

• The right to assign or license the work with or without compensation

These rights are transferable by contract and are often the subject of copyright disputes.

Common Types of Copyright Disputes

1. Ownership Disputes

   • Among co-authors, between creators and employers, or when a third party claims ownership without legal grounds.

2. Infringement Disputes

   • Unauthorized copying or distribution

   • Illegal uploads to digital platforms (e.g., YouTube, Facebook, TikTok)

   • Unauthorized adaptation or remakes

   • Plagiarizing the author’s identity

3. Contractual Disputes

   • Related to copyright assignment or licensing agreements, or employment contracts involving creative work.

4. Digital Copyright Disputes

   • Increasing rapidly due to the fast-spreading, easily modified nature of digital content, often involving cross-border platforms.

Legal Methods of Resolving Copyright Disputes in Vietnam

1. Negotiation and Mediation

A recommended first step if both parties are cooperative—saving time, costs, and preserving relationships.

2. Administrative Complaints

File with the Ministry of Culture, Sports and Tourism, local departments, or the Copyright Office. Penalties include fines, content removal, or seizure of infringing materials.

3. Civil Lawsuit

If the violation causes significant harm or cannot be settled, a civil lawsuit may be filed for compensation, public apology, and an order to cease violations (per Article 198 of the Intellectual Property Law and Civil Procedure Code).

4. Commercial Arbitration

Applied when a contract includes an arbitration clause. Suitable for disputes between businesses or involving foreign parties.

Copyright Dispute Resolution with Legal Support

1. Legal Strategy Consultation

An intellectual property lawyer evaluates the case, identifies infringement, and advises on appropriate legal actions (administrative, civil, criminal, or commercial).

2. Evidence Collection Support

Includes drafts, emails, creative logs, contracts, published content, screenshots of violations, and contacting digital platforms for verification.

3. Legal Document Preparation and Representation

Lawyers draft all required documents and represent clients before authorities or in court—ensuring rights and interests are protected in line with the law.

4. Risk Prevention

Lawyers also help with proactive legal protection: copyright registration, clear licensing agreements, and strategic IP management.

BKC Law’s Copyright Dispute Resolution Services

At BKC Law, we offer comprehensive copyright dispute resolution services—effective, lawful, and customized. With a team of specialized IP lawyers, we assist clients in infringement analysis, evidence collection, ownership verification, and legal representation in front of government bodies or courts.

Whether you are an independent creator, a business owning creative works, or a licensing organization, BKC Law is your trusted partner to protect your intellectual property rights, minimize risks, and resolve disputes swiftly and professionally.

Contact Us:

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

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