The role of intellectual products in life is constantly increasing, along with that, the awareness of organizations and individuals in the protection of copyright and related rights is increasing day by day. The subjects have actively used effective measures to protect their legitimate rights and interests, including the registration of copyright at a competent State agency. With many years of experience in providing legal advice in the field of intellectual property, Hong Bang Law would like to offer advice on Copyright registration procedures as follows:
Legal basis
- Intellectual property law
- Decree No. 22/2018/ND-CP dated February 23, 2018.
Subjects covered by copyright protection registration
Literary, artistic, and scientific works protected by copyright include:
- Literary and scientific works, textbooks, textbooks, and other works expressed in writing or other characters: are works presented in Braille for the visually impaired, shorthand symbols and symbols. analogous sign in place of writing that can be reproduced by accessible objects in a variety of ways.
- Lectures, speeches, and other speeches are works expressed in spoken language and must be fixed in a certain material form.
- Journalistic work is work with independent content and complete structure, including the following genres: reportage, quick record, report, interview, reflection, investigation, commentary, editorial, expert opinion. essays, press signings, and other types of press for publication or distribution in print, audio, video, electronic or other media.
- Musical work means a work expressed in the form of musical notes in a piece of music or other musical characters or fixed on a phonogram or video recording with or without lyrics, regardless of the performance or no show.
- Theatrical work is a work of the performing arts, including Cheo, Tuong, Cai Luong, puppetry, drama, folk drama, physical drama, musical, circus, comedy, vaudeville, and other performing arts.
- Cinematographic works and works created by similar methods (hereinafter referred to as cinematographic works) are works represented by moving images with or without combination with sound and other media. according to the principles of cinematographic language, a still image taken from a cinematographic work that is part of that cinematographic work;
- Visual and applied artworks are works represented by lines, colors, shapes, and layouts such as painting, graphics, sculpture, installation art, and other similar forms of expression. Particularly for the graphic type, it can be shown up to the 50th edition, numbered and signed by the author. Accordingly, work is represented by lines, colors, shapes, layouts with useful features that can be attached to a useful object, produced manually or industrially such as Graphic design (expression of logos, product identification, and packaging), fashion design, product styling, interior design, decoration.
- Photographic work is a work that presents an image of the objective world on a light-catching material or on the medium on which the image is produced or may be produced by chemical, electronic, or other methods. other techniques. Photographic work may or may not be captioned.
- Architectural works are works of the architectural type, including Architectural design drawings of works or combinations of works, interiors or landscapes; Structures.
- Maps, diagrams, maps, drawings related to topography, architecture, scientific works, including graphics, diagrams, maps, drawings related to topography, types of scientific works study, and architecture.
- Literary and folk artworks are performing arts such as cheo, Tuong, Cai Luong, puppetry, singing, and musical melodies; dances, plays, folk games, village festivals, forms of folk rituals.
- Computer programs, data collection.
A derivative work is protected only if it does not prejudice the copyright in the work used to make the derivative work.
Subjects not covered by copyright protection
- Pure news is news that is daily short press information, only reporting in nature, not creative.
- Regular administrative documents include documents of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, social organizations – professional organizations, economic organizations, people’s armed forces units, and other organizations as prescribed by law.
- Processes, systems, operating methods, concepts, principles, and data.
The dossiers
a) Declaration for registration of copyright and related rights.
Individuals and organizations submit copyright registration dossiers using the copyright registration declaration form; Performers, producers of phonograms and video recordings, and broadcasting organizations register related rights using the related rights registration declaration form.
The declaration must be made in Vietnamese and signed by the author, copyright holder, related right holder, or person authorized to submit the dossier, and full information about the applicant, an author must be recorded. author, copyright holders or related rights holders; summary of the work, performance, phonogram, video recording or broadcast; 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.
b) 02 copies of the work registered for copyright or 02 copies of the fixation registered for related rights.
01 copy is kept at the Copyright Office, 01 copy is stamped with the registration certificate number and returned to the holder of the registration certificate.
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.
c) Power of attorney if the applicant is an authorized person;
d) Documents evidencing the right to submit the dossier, if the applicant enjoys that right of another person through inheritance, transfer, or inheritance;
dd) Written consent of co-authors if the work has co-authors;
e) Written consent of the co-owners if the copyright and related rights are jointly owned.
Documents specified at points c, d, dd, and e must be made in Vietnamese; if it is done in a foreign language, it must be translated into Vietnamese and notarized/certified. The documents enclosed with the dossiers, if they are copies, must be notarized or authenticated.
The competent
Copyright Office
Our Services
- Legal advice on copyright registration procedures;
- Drafting copyright registration dossiers;
- Submit dossiers and monitor progress at state agencies;
- Receive results on behalf of clients;
- Handing over the results to the client.
If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com
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