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Along with industrial property rights and rights related to plant varieties, copyright is one of the three components that make up intellectual property rights under the regulations of Vietnamese law. The following article will help clarify copyright according to the latest provisions of Vietnamese law.
Copyright according to the latest provisions of Vietnamese law
According to the provisions of Article 4(2) of the Intellectual Property Law, copyright is the right of organizations and individuals in relation to works they create or own.
Copyright arises from the moment a work is created and expressed in a specific material form, regardless of its content, quality, form, medium, language, whether it has been published, or whether it has been registered.
Works protected by copyright include literary, artistic, and scientific works, as well as derivative works based on these original works.
Examples of copyright
– The copyright for a song belongs to the songwriter who composed it.
– The copyright for a painting belongs to the artist who created it.
– The copyright for a photograph belongs to the photographer who took it.
– The copyright for a poem belongs to the poet who wrote it.
– The copyright for an architectural work belongs to the designer who created the architectural design.
See more: Types of works protected by copyright in Vietnam
Conditions for Copyright Protection in Vietnam
For a work to be protected by copyright in Vietnam, it must meet the following conditions:
1. The work must have originality.
The work must be independently created by the author, and any copying, if present, must come from the public domain or another source clearly cited as a material quotation. The copying should not include a significant portion of another work.
If a work contains copies from one or more previously existing works to the extent that the individual stamp or distinctive character of the author is no longer evident in the work, then the work lacks originality.
2. The work must be expressed in a specific material form, such as writing, drawing on paper, computer-generated drawings, film scripts, photographs, sculptures, etc.
Copyright Duration in Vietnam
Rights protected indefinitely
Rights protected indefinitely include: the right to title a work; the right to use the real name or pseudonym on the work; the right to be named or use a pseudonym when the work is published or used; the right to protect the integrity of the work, preventing others from modifying, cutting, or distorting the work that could harm the author’s reputation.
Rights with a limited duration
The right to publish a work or permit others to publish the work and all related property rights have the following protection periods:
- Cinematographic works, photography, applied fine arts, anonymous works that have been published: 75 years from the first publication of the work.
- Cinematographic works, photography, applied fine arts not published within the 25-year period from the time the work is created: 100 years from the time the work is created.
- Anonymous works, when information about the author becomes available: throughout the author’s life and 50 years after the author’s death.
- Other works: throughout the author’s life and 50 years after the author’s death. If there are joint authors, the protection period ends 50 years after the last surviving joint author’s death.
The copyright protection period expires at 24:00 on December 31 of the year in which the protection period ends.
Intellectual Property Services in Vietnam
We are a professional organization operating in the field of intellectual property in Vietnam. With a team of certified lawyers specialized in intellectual property, we proudly provide consulting and copyright protection services in Vietnam for organizations and individuals, both domestic and foreign, at reasonable costs. Contact us now for quick and professional guidance and support in the copyright protection process in Vietnam.
Contact Us Now:
DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
