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Procedure for the copyright transfer in Vietnam

Procedure for the copyright transfer in Vietnam. Nowadays, the transfer of copyright is becoming increasingly common in social life. The transfer of copyright facilitates the commercial exploitation of works. So, what is the procedure for transferring copyright?

Procedure for the transfer of copyright in Vietnam

According to Article 45 of the Intellectual Property Law, the transfer of copyright refers to the act of the copyright owner transferring ownership of the following rights to another organization or individual:

– The right to publish the work or to permit others to publish the work;

– Property rights within the scope of copyright, including: the right to create derivative works; the right to perform the work publicly; the right to reproduce the work; the right to distribute or import the original or copies of the work; the right to communicate the work to the public by wire, wireless, electronic information networks, or any other technical means; and the right to rent the original or copies of cinematographic works and computer programs.

If a work has co-owners, the transfer must be agreed upon by all co-owners. However, if the work consists of separate parts that can be used independently, each co-owner has the right to transfer the copyright of their respective part.

Minh is a musician who has composed a new piece of music. He decides to transfer the copyright of this piece to a music production company so they can better commercially exploit it, while he receives compensation for his creative efforts.

First, Minh and the music production company hold a meeting to discuss the terms of the copyright transfer. They discuss the scope of the transfer and the amount of money Minh will receive from the transaction.

After agreeing on the terms, a copyright transfer contract is drafted. The contract specifies the detailed rights being transferred, including the rights to copy, distribute, publicly disclose, communicate to the public, and create derivative works from Minh’s music. The parties sign the transfer contract, and Minh receives the full payment for his copyright according to the agreed terms. With this contract, the music production company officially becomes the copyright owner of the piece and can begin using it under the agreed-upon terms.

After signing the contract, the music production company completed the registration procedure and was granted a new copyright registration certificate for the music.

Through this transfer, Minh can focus on his artistic creativity without worrying about production or distribution, while the company can exploit the work commercially to generate profit. Both parties benefit from this copyright transfer agreement.

A copyright transfer contract in Vietnam must be made in writing and is executed, modified, terminated, or canceled in accordance with the relevant provisions of the Civil Code of 2015.

Key contents of the Copyright Transfer Contract:

  • Names and addresses of the transferor and transferee;
  • Basis for the transfer;
  • Information about the work;
  • Scope of the copyright transfer;
  • Transfer price and payment method;
  • Rights and obligations of the parties involved in the contract;
  • Liability for contract breaches;
  • Validity of the contract;
  • Dispute resolution.

For works that have been granted a copyright registration certificate and are subsequently transferred by the owner to another party, the transferee becomes the new owner of the work and must submit a dossier for the registration of the change of copyright ownership.

The registration dossier for the change of copyright ownership includes:

  • Copyright registration application form;
  • Copies of the identity card or business registration certificate of both the transferor and the transferee;
  • Two copies of the registered work (including at least one electronic copy submitted on a USB);
  • Copyright transfer contract;
  • Power of attorney (if the dossier is submitted through a copyright representative organization);
  • Consent from co-owners (if the copyright is jointly owned).

The authority responsible for handling copyright transfer registration dossiers is the Vietnam Copyright Office under the Ministry of Culture, Sports, and Tourism.

The dossier for reissuance can be submitted directly or via postal service to one of the following locations of the Vietnam Copyright Office:

– Headquarters of the Vietnam Copyright Office: 33, Alley 294/2 Kim Ma, Ba Dinh District, Hanoi.

– Representative Office of the Vietnam Copyright Office in Ho Chi Minh City: 170 Nguyen Dinh Chieu, District 3, Ho Chi Minh City.

– Representative Office of the Vietnam Copyright Office in Da Nang City: 58 Phan Chu Trinh, Hai Chau District, Da Nang City.

The actual time for registering the copyright transfer and reissuing the Copyright Registration Certificate is approximately 2 to 3 months.

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Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.

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