Originality of a Work as Defined by Vietnamese Law

The originality of a work is a core factor for it to be eligible for copyright protection. To understand this concept better, it is necessary to analyze the legal, artistic, and practical aspects related to determining the originality of a work.

What is the Originality of a Work?

Originality in copyright is understood as the author’s distinct creativity, not copied or borrowed from other sources. A work is considered original when it reflects the author’s personal imprint and unique creativity.

Legal Perspective

According to Vietnamese Intellectual Property Law, a work is considered original when it is created by the author and not copied from any other work. This regulation aligns with international principles of copyright protection, such as the Berne Convention for the Protection of Literary and Artistic Works.

Artistic Perspective

In the artistic field, originality not only requires difference but also creativity and unique style. This means that a work must reflect personal creativity and not be a replica of another work.

Criteria for Evaluating the Originality of Works in Vietnam

To evaluate the originality of a work, several important criteria need to be considered:

Personal Creativity

• Creative Element: The work must be created by the author’s effort and imagination, skills, and personal abilities to create a new product.
• Personal Imprint: The work must reflect the author’s style, thinking, and personal imprint. For example, a poem bearing the unique emotional mark and word usage of the author is considered original.

No Copying from Other Works

• No Copying: The work must not be wholly or substantially copied from another work. Copying can eliminate originality and lead to the denial of copyright protection.
• Clear Distinction: The work must have a clear distinction from existing works. This distinction can be in terms of content, form, or mode of expression.

Examples of Originality in Works

Literary Works

A novel written based on a completely new idea and story, not copied from any other work, clearly reflecting the author’s style and creativity, is considered original. “Harry Potter” is a unique literary work that reflects J.K. Rowling’s rich imagination and distinct writing style. The story about a wizard boy and the magical world is entirely new and not copied from any other work.

Musical Works

A newly composed piece of music with unique melody, lyrics, and musical structure, not copied from any other music, is considered original. The author must demonstrate that the music is the result of personal creativity and does not infringe on the copyright of other works. Beethoven’s Symphony No. 9 is a musical masterpiece that reflects his unique creative style. This work combines classical musical elements with personal creativity, not copied from any other music.

Art Works

“Starry Night” is a famous work by Vincent van Gogh, showcasing his unique painting style and strong emotions. This painting not only bears Van Gogh’s personal imprint but also represents a fresh creation, not copied from any other work.

Cinematic Works

“Avatar” is a creative cinematic work with a unique storyline, effects, and advanced filmmaking technology. This film reflects James Cameron’s vision and unique style, not copied from any other film.

Design Works

The iPhone design by Jonathan Ive is a breakthrough in technology, combining aesthetics and usability. This design is unique and not copied from any previous product.

Animated Films

“Spirited Away” is a unique animated film by Hayao Miyazaki with a new story, images, and style. This film is not copied from any other work and bears Miyazaki’s creative imprint.

Challenges in Determining the Originality of a Work in Vietnam

Determining the originality of a work in Vietnam is not always straightforward. The challenges include:

• Potential Copying: Sometimes the similarity between works may not be clear and requires thorough analysis to determine if there is copying.
• Cultural Differences: Creativity and style may be influenced by cultural and social factors, making it more complex to determine originality.

Originality is a crucial element for a work to be eligible for copyright protection. To ensure originality, authors need to create works based on personal creativity, not copying, and reflect personal imprints. Determining originality may face many challenges but is essential to protect the author’s rights and promote the development of art and culture.

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DCNH LAW

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

Phone: (+84) 343320223 – 974278893

Email: [email protected]