Personal use of your finances, your time and conditions to complete a type of work or individual assigned to create works for a company, business or an individual/services provider that create works for other subjects have the right to register copyright under current regulations.
According to the provisions of the current law, the copyright registration is understood as the author or owner of the work performed the preparation of the dossier and submitted the dossier to the competent state agency in accordance with the order and procedures according to the law to be considered and granted a copyright registration certificate.
The processes and procedures of the registration of copyright under the provisions of the law are relatively simple, but only when implementing the copyright registration procedures, the copyright holder will understand the problems that may arise during the copyright registration process, such as the need to modify, adjust, add documents as required by the specialist, adjust the necessary information. in accordance with the law to ensure the rights of the owner of the work itself (may be a company, an enterprise) or for the author who created the work (the author can be the owner at the same time or merely the author of a work and the owner of the work is another subject).
Therefore, before starting the copyright registration, the subject who has the right to register the copyright or the individual who carries out the copyright registration procedure needs to find out about the conditions and regulations in order to register copyright quickly - efficiently - most economically.
2. When to register for copyright?
After the author completes his work, he can himself (if the author is the owner of the work) or the owner of the work (in case the author creates a work under a service contract or assignments) prepare documents, submit to competent state agencies to register copyright for themselves.
Based on current law, registration of copyright is not mandatory but if you do not want the work to be copied, clipped, used, or made with other derivative works without consent, copyright registration is absolutely necessary and important.
When the state agency has confirmed that the copyright registration is successful, the owner of the work / author will be protected by the competent state authority based on the provisions of the law, prevent, require infringing subjects to compensate for damage to the owner of the work / author as prescribed.
Any infringement of copyright will be sanctioned with the corresponding penalty, the registration of copyright is one of the legal bases for resolving disputes arising in connection with that work. At the same time, it is also the basis for determining the right to transfer copyright, transfer the right to use, the right to make derivative works from the original works, the rights to distribute, copy the works,... for other subjects being individuals, agencies, enterprises and organizations according to law provisions.
3. Minh Khue Law guides the procedures for registering copyright
In order to carry out the copyright registration procedure in a simple, efficient and economical way, clients can refer to the process of copyright registration of Minh Khue Law as follows:
Step 1: Complete the type of work intended to register copyright
In fact, many people think this step is not important and it is not necessary, however, without this step there will not be any completed works to be able to register for copyright.
In addition, the owner of the work or the author should note that only certain types of works under the provisions of the Intellectual Property Law can be registered as copyright.
Step 2: Prepare the copyright registration file
In this step, the subject who want to register copyright must fully and accurately meet the contents of the copyright registration dossier to be able to be granted a copyright registration certificate in the shortest time. Because if the application is complete and accurate, it does not need to be modified and supplemented many times, of course the processing time will be faster.
About the copyright registration file corresponding to each type of work, please refer here
Step 3: Select the agency to apply for copyright registration
Under the provisions of the current law, the subject who needs to register copyright can file directly or by post to one of the following three state agencies, depending on the conditions and location of the applicant, he/she can choose one of the corresponding methods and the agencies to submit documents:
- Copyright Office at the address 33 Alley 294/2, Kim Ma street, Ba Dinh District, Hanoi;
- Representative office of Copyright Office in Ho Chi Minh City address No. 170 Nguyen Dinh Chieu, Ward 6, District 3;
- Representative office of Copyright Office in Da Nang city address at No. 01, An Nhon 7 Road, An Hai Bac Ward, Son Tra District.
We encourage clients to choose the method to submit the application directly at the Copyright Office at address 33, Alley 294/2, Kim Ma, Ba Dinh District, Hanoi to save time for copyright registration, as well as limiting the risks of lost records.
Step 4: Receive the copyright registration certificate
In case the file of the customer is valid, fully satisfying the conditions for being granted a copyright registration certificate, within 15 working days from the date the Copyright Office receives the valid application, the applicant shall be granted a copyright registration certificate as prescribed.
4. Resolving the re-issuance, cancellation or renewal of copyright registration certificates
4.1. Competence to re-issue, cancel, renew the copyright registration certificate
The Copyright Office has the right to re-issue or renew the copyright registration certificates in the following cases:
- The copyright registration certificate is lost or damaged;
- The copyright ownership has been transferred to another subject;
- Information of the copyright owner, author or work has changed.
The Copyright Office has the right to cancel the Copyright Registration Certificate in the following cases:
- The person who is granted the Copyright Registration Certificate is not the copyright owner or the author;
- The type of copyrighted work is not subject to copyright protection as prescribed;
- The granting of copyright registration certificates is contrary to the provisions of law.
4.2. Application for renewal, re-issuance, cancellation of copyright registration certificate
Dossiers for renewal and re-issuance of copyright registration certificates include:
- Copy of copyright registration form issued by the Ministry of Culture, Sports and Tourism;
- 02 (two) copies of the intended work for registration for renewal or re-issuance;
- Documents and papers proving the change of information on copyright registration certificates such as copyright transfer contracts; The decision of the competent state agency on the change of the family name or the name of the copyright owner or the author or some other documents prescribed by law corresponding to each specific case;
- In case of a request for a change of a copyright registration certificate, the previously granted copyright registration certificate must be returned;
- Power of attorney for the applicant if the applicant is not the person who has the right to apply for a renewal or re-grant of a copyright registration certificate.
Application for cancellation of copyright registration certificate:
- Application / Request for cancellation of the Copyright Registration Certificate;
- There must be one of the following documents attaching with the request paper:
+ A written request for cancellation of the copyright registration certificate of an organization or individual that has been granted a copyright registration certificate;
+ Judgment / Decision of the Court on the cancellation of the Copyright Registration Certificate;
+ Decision of one of the state agencies competent to sanction administrative violations according to the regulations on the cancellation of the previously granted copyright registration certificate.
4.3. Time for re-issuance, renewal and cancellation of copyright registration certificates
- Time for re-issuance of the copyright registration certificate is 07 working days from the date the Copyright Office receives the valid dossier.
- The time for renewal of copyright registration certificate is 12 working days from the date the Copyright Office receives the valid dossier.
- Time to cancel the Copyright Registration Certificate is 15 working days from the date the Copyright Office receives one of the documents specified above.
5. Copyright registration service of Minh Khue Law
Minh Khue Law Firm with many years of experience in the field of Intellectual Property, we provide service for clients to register copyright through the following two basic forms:
: Free online legal advice via call center 0986.386.648
When clients choose to consult through the free online call center, our lawyers will advise and support clients with the following issues:
- Counsel on the types of copyrighted works, as well as subjects which are not protected in the form of copyright registration;
- Counsel on the copyright registration file corresponding to the type of work that the client intends to register;
- Counsel and guide how to apply, the competent authority receives copyright registration documents;
- Counsel the entire process and procedures for registering copyright, the notes in the process of registering copyright according to regulations;
- Advising and answering questions required by clients during the copyright registration process.
Method 2: Use lawyer services package to register copyright
With this method, clients only need to provide the type of work they intend to register for copyright, author information and author ownership for us. Immediately after signing the service contract between the parties, we will conduct the following tasks for you:
- Directly editing the copyright registration file corresponding to the type of work the client intends to register;
- Apply on behalf of clients directly at the Copyright Office;
- Represent client to receives the copyright registration certificate and hands over to the client;
- Liquidation of service contracts for copyright registration with clients;
- Support and advise all other problems that arise after being granted the copyright registration.
6. Why should I use the services of Minh Khue Law?
In the current development economy, there are many businesses and service providers for registering copyright with many different benefits and costs, among them, clients can trust using the copyright registration service of Minh Khue Law by breakthrough benefits as follows:
- Reasonable expenses, full-service package implementation, expenses including state expenses as prescribed;
- Implementing the full package service, clients only need to provide basic information and receive a copyright registration certificate from us;
- Commitment to quality of service is reputable, efficient, and fast;
- A team of experienced lawyers with high expertise;
- The time for service implementation is quick, commitment on time as agreed in legal service contracts;
- In addition to performing copyright registration services, we also support and advise all other relevant legal issues to ensure legitimate rights and interests for our clients, especially dispute resolution for third parties.
Lawyer Le Minh Truong participated in the open 60-minute program on protection of intellectual property rights on VTV6
Lawyer To Thi Phuong Dzung answered the 24-Hour Motion Program on handling copyright infringement on the Internet
Best regards ./.
Intellectual Property Department - Minh Khue Limited Law Company