Resolution of Copyright Disputes with Support from Specialized Lawyers

Copyright disputes often stem from the failure to clearly establish ownership rights over a work, especially when the parties lack specific legal evidence. Under Vietnamese law, copyright is the right of an individual or organization to a work they have created or own, protected under the Intellectual Property Law. Protected works encompass various categories, such as literature, art, science, music, computer software, cinematography, theater, photography, architecture, technical drawings, and more.

According to Article 6 of the Intellectual Property Law, copyright arises from the moment a work is created and fixed in a certain material form, without mandatory registration. However, in practice, registering copyright with the Copyright Office of Vietnam plays a crucial role, particularly when disputes arise. A Copyright Registration Certificate serves as definitive legal evidence to prove the lawful owner of a work before competent state authorities or courts.

Rights Comprising Copyright

The law divides copyright into two primary groups:

1. Moral Rights

These include:

• The right to name the work.

• The right to attach a real name or pseudonym to the work.

• The right to publish the work.

• The right to protect the integrity of the work.

These are rights inherently attached to the individual author and are generally non-transferable (except for the right of publication in certain special cases).

2. Economic Rights

These include:

• The right to make copies.

• The right to distribute and communicate the work to the public.

• The right to rent copies of cinematographic works and computer programs.

• The right to transfer or authorize others to use the work for a fee or free of charge.

These rights can be transferred or licensed under contracts and are the most common subjects of current disputes.

Common Types of Copyright Disputes

In practice, copyright disputes are becoming increasingly complex. Common types include:

• Disputes over work ownership: Occurring between co-authors, between an author and their employer, or when a third party claims ownership without clear legal grounds.

• Disputes over copyright infringement: Involving acts such as:

  • Unauthorized copying and distribution of the work.

  • Illegal uploading to digital platforms (YouTube, Facebook, TikTok, etc.).

  • Unauthorized adaptation, modification, or remaking of the work.

  • Impersonating the author.

• Contractual disputes related to copyright: Often involving contracts for the transfer or licensing of a work, or employment contracts that include elements of creative work.

• Disputes in the digital environment: Increasing rapidly due to the fast-spreading nature, difficulty in control, and ease of editing and copying digital content. These disputes can cross borders and involve foreign platforms.

Methods for Resolving Copyright Disputes under Vietnamese Law

• Negotiation and Mediation
  This is the recommended first step. If both parties show goodwill, this method saves time and costs while preserving cooperative relationships.

• Request for Administrative Handling:
  The right holder may submit a request to the Inspectorate of the Ministry of Culture, Sports and Tourism, the provincial Departments of Culture and Sports, or the Copyright Office of Vietnam. Disciplinary measures include fines, forced removal of infringing content, and confiscation of material evidence.

• Civil Litigation at Court:
  When the infringement causes severe damage or negotiations fail, the right holder may initiate a civil lawsuit to claim damages, demand a public apology, and force the cessation of the infringing acts, in accordance with Article 198 of the Intellectual Property Law and the Civil Procedure Code.

• Commercial Arbitration:
  Applicable to contracts containing an arbitration clause. This method is highly suitable for disputes between businesses or those involving foreign elements.

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Resolving Copyright Disputes with the Support of Expert Lawyers

1. Legal Strategy Consulting: Lawyers help assess the case, analyze the infringement, and advise on selecting the most appropriate resolution method (administrative, civil, criminal, or commercial).

2. Support in Evidence Collection: This includes archiving manuscripts, emails, creation logs, contracts, publication information, taking screenshots of infringements, and contacting digital platform providers to verify information.

3. Drafting and Legal Representation: Lawyers assist in drafting petitions, dossiers, and necessary documents, and represent clients in dealing with competent authorities, courts, or opposing parties. This ensures the lawful rights and interests of the author are protected according to regulations.

4. Mitigating Risks and Disputes from the Outset: Lawyers can provide proactive advice, assist with copyright registration, and draft clear transfer/licensing contracts, helping clients actively protect their intellectual property rights.

Copyright Dispute Resolution Support Services at BKC Law

At BKC Law, we provide comprehensive, effective, and legally compliant consulting and dispute resolution services for copyright matters. With a team of lawyers specializing in intellectual property, we assist clients from evaluating infringing acts, collecting evidence, and establishing ownership, to representing them before state authorities or litigating in court when necessary. Whether you are an individual creator, a corporate owner of a work, or an organization exploiting copyrights, BKC Law consistently stands by you to maximize the protection of your legitimate rights, minimize risks, and resolve disputes quickly, transparently, and professionally.

Contact Us

• Phone: 0901 3333 41

• Email: info@bkclaw.vn

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

• Binh Tan Office: 41 Ten Lua Street, An Lac Ward, Ho Chi Minh City

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