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In Vietnam's thriving creative landscape, protecting your original work is essential. While copyright protection arises automatically upon creation, registration with the Copyright Office of Vietnam (COV) offers significant advantages. Here's a breakdown of key concepts to navigate copyright registration effectively:

Automatic Copyright Protection:

The core principle of Vietnamese copyright law is automatic protection. The moment you create and "fix" your original work in a tangible form (writing it down, recording it, etc.), copyright protection arises automatically. There's no need for registration or any formal process to initiate this basic level of protection.

What Qualifies for Copyright Protection?

Copyright protection applies to a diverse range of original works, including:

  • Literary works: Books, poems, articles, scripts, computer programs, and software code.
  • Artistic works: Paintings, sculptures, photographs, graphic designs, and architectural works.
  • Musical works: Songs, compositions, and musical arrangements.
  • Cinematographic works: Films, movies, and documentaries.

Originality is Key:

While ideas and facts are not copyrightable, the unique way you express them can be. For example, the historical event of World War II cannot be copyrighted, but a historical novel based on that event can be protected if it expresses the story in an original way.

Duration of Copyright Protection:

The duration of copyright protection varies depending on the type of work:

  • Literary, artistic, and scientific works: Generally protected for the author's lifetime plus 70 years after their death.
  • Cinematographic works and anonymous works: 75 years from creation.
  • Sound recordings and performances: 50 years from recording or performance.

Benefits of Copyright Registration:

While copyright protection exists automatically, registration offers a powerful tool for creators and businesses:

  • Strengthens legal position: Provides prima facie evidence of ownership and creation date in court.
  • Deters infringement: Public declaration discourages potential copiers.
  • Creates a public record of ownership: Facilitates licensing deals and collaborations.
  • Streamlines customs protection (optional): Potentially prevents infringing goods from entering Vietnam.
  • Enhances marketability: Demonstrates commitment to protecting intellectual property, potentially increasing value.

Understanding these concepts empowers you to navigate Vietnamese copyright law and decide if registration is the right step for you. For further guidance, consider consulting with an intellectual property lawyer.

 

2. Applicant Type 1: Individual Creators

Good news! As an individual creator, you're eligible to register copyright in Vietnam if you fall under any of these categories:

  • Vietnamese citizen: This is straightforward. If you're a Vietnamese citizen and have created an original work, you can register your copyright.
  • Foreigner residing in Vietnam: Living in Vietnam and have created original work? You can register your copyright here.
  • Foreign creator with a first publication in Vietnam: Even if you're not physically present in Vietnam, if your original work was first published in Vietnam (e.g., a book printed by a Vietnamese publisher), you can register your copyright.

Joint Authorship

Sometimes, creativity is a collaborative effort. If you created a work with another individual (or even a group), you've likely entered into a joint authorship situation. In this case, both (or all) creators are considered co-owners of the copyright. When registering, you'll need to include all co-authors and ensure they agree to the registration process.

Required Documents

To register your copyright as an individual creator, you'll need to gather some documents:

  • Completed copyright application form: This form can be obtained from the Copyright Office of Vietnam (COV) website or their office.
  • Copies of your work: The format depends on the type of work. For written works, physical copies or digital files might be acceptable. For visual works, clear digital copies or high-quality photographs are preferred.
  • Proof of authorship: This is crucial to establish that you created the work. It could include:
    • Drafts with timestamps or creation dates
    • Emails or communication documenting the creative process
    • Witness statements verifying your involvement

 

Companies and legal entities registered in Vietnam can also leverage copyright registration to protect works created within their domain. Here's what you need to know:

Eligibility

Your company can register copyright for works created under two main scenarios:

  • Work Made for Hire: When an employee creates a work within the scope of their employment duties (e.g., a graphic designer creates a logo for your company), the copyright belongs to the company by default under the concept of "work made for hire" in Vietnamese law.
  • Commissioned Works: If you commission an external creator (e.g., a freelance writer) to develop a work for your company, the copyright ownership depends on the terms of your agreement. Make sure the agreement clearly states that the copyright ownership transfers to your company upon completion and payment.

Required Documents

The documents required for companies registering copyrights differ slightly from individual creators. Here's what you'll need:

  • Completed copyright application form: Similar to individual creators, obtain the form from the Copyright Office of Vietnam (COV).
  • Copies of the work: Provide copies in a format suitable for the type of work (physical or digital).
  • Proof of Ownership: This is key for companies. It demonstrates your legal right to register the copyright. Documents could include:
    • Employment contracts for works made for hire by employees.
    • Commissioning agreements if you hire an external creator.
    • Assignment agreements if the copyright was transferred to your company from another party.

Additional Considerations:

  • Ensure your employment contracts and commissioning agreements clearly address copyright ownership to avoid future disputes.
  • For complex ownership structures or intricate commissioned work, consulting with an intellectual property lawyer is recommended. They can guide you through the registration process and ensure your company's copyright rights are adequately protected.

 

4. Applicant Type 3: Foreign Applicants

The world of creativity knows no borders, and Vietnam welcomes copyright registration from foreign creators and companies. Here's a breakdown of what you need to know as a foreign applicant:

Eligibility

Vietnam extends copyright protection to foreign creators under international treaties like the Berne Convention. This principle of "national treatment" ensures foreign applicants receive the same copyright protection as Vietnamese creators.

Foreign Creators and Companies Can Register

Whether you're a foreign individual creator, a company registered outside Vietnam, or both, you can register copyright in Vietnam if your work falls under these categories:

  • Original work created by you: This applies to works you've personally created, regardless of your location.
  • Work first published in Vietnam: Even if you're not physically present in Vietnam if your original work was first published there (e.g., a book printed by a Vietnamese publisher), you can register the copyright.
  • Work created by a Vietnamese subsidiary: If your foreign company has a subsidiary in Vietnam and the work was created by employees there, the copyright ownership might belong to the Vietnamese subsidiary depending on your internal agreements.

Required Documents (with a twist)

The documents required for foreign applicants are similar to those for individual creators, with an added layer of complexity:

  • Completed copyright application form: Obtain the form from the Copyright Office of Vietnam (COV).
  • Copies of your work: Provide copies in a suitable format (physical or digital).
  • Proof of authorship: Similar to individual creators, establish your authorship with creation date records, drafts, or witness statements.
  • Proof of ownership (for companies): If you're a foreign company registering copyright for work created by your Vietnamese subsidiary, you might need additional documents like internal agreements proving the copyright transfer.
  • Legalized Power of Attorney (may be required): Documents issued by foreign authorities might require legalization or an apostille (special certification) to be valid in Vietnam. The COV may request this for certain documents.

Additional Considerations:

  • Legalization or apostille requirements can vary depending on your home country. Research these procedures in advance to avoid delays.
  • Appointing a local representative familiar with Vietnamese copyright law can streamline communication with the COV and expedite the registration process.
  • Consulting with an intellectual property lawyer specializing in Vietnam can be particularly helpful for foreign applicants navigating the legalities and complexities of copyright registration.

 

5. Additional Considerations and Resources

Successfully navigating copyright registration in Vietnam requires a bit more than just filling out a form. Here are some additional considerations to ensure a smooth process:

  • Meeting Deadlines: The Copyright Office of Vietnam (COV) has specific deadlines for responding to their requests for additional information or clarifications. Missing these deadlines can significantly delay your registration process. Make sure to track deadlines carefully and respond promptly.
  • Registration Fees: The fees associated with copyright registration vary depending on the type of work you're registering and the number of applications you submit. The COV website should have the latest fee schedule available for download.
  • Seek Legal Guidance: For complex situations or if you have specific questions regarding your copyright ownership or the registration process, consulting with an intellectual property lawyer is highly recommended. An attorney can provide personalized advice tailored to your circumstances and ensure you are taking the most effective steps to protect your creative work in Vietnam.

By understanding these additional considerations and utilizing the resources available, you can increase your chances of successful copyright registration in Vietnam. Remember, copyright registration is an investment in your creative work, empowering you to safeguard your ownership, deter infringement, and potentially unlock new opportunities in the Vietnamese market.

 

6. Conclusion

The vibrant creative landscape of Vietnam thrives on originality and innovation. Copyright registration empowers creators and businesses to safeguard their intellectual property, fostering a healthy environment for artistic and commercial success. This comprehensive guide has explored the eligibility and procedures for copyright registration in Vietnam, catering to individual creators, companies, and foreign applicants.

By understanding the automatic copyright protection upon creation and the significant advantages of registration, you can make informed decisions about protecting your work. The process itself is straightforward, but meticulous preparation and adherence to deadlines are key. Remember, additional considerations like document legalization for foreign applicants and seeking legal guidance for complex situations can further ensure a smooth registration journey.

The Copyright Office of Vietnam website serves as a valuable resource for application forms, fees, and procedural updates. With the knowledge gained from this guide and by utilizing available resources, you can confidently navigate the copyright registration process in Vietnam. Take the necessary steps to protect your creative work, and unlock the full potential of your intellectual property in this dynamic market.

If you need further explanation on this subject, please don't hesitate to contact us through email at lienhe@luatminhkhue.vn or phone at: +84986 386 648—lawyer To Thi Phuong Dzung