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Frequently Asked Questions: Copyright and Related right registration

15/11/2016 - 09:29

Frequently Asked Questions: Copyright and Related right registration

1. What are documentary need to applications for registration of copyright or related rights?.

  • Authors, copyright holders or related right holders may directly file or authorize other organizations or individuals to file applications for registration of copyright or relatedrights.
  • An application for registration of copyright or related rightscomprises:

 a/ A written declaration for registration of copyright or relatedrights.

A written declaration must be made in Vietnamese and signed by the author, copyright holder, related rights holder or person authorized to file the application, fully stating the information on the applicant, author, copyright holder or related rights holder; summarized content of the work, performance, phonogram, video recording or broadcast; the name of the author, the title of the work used to make derivative work in cases where the to be-registered work is a derivative work; the date, place and form of publication; the guaranteed responsibility for information stated in the application.

The Culture and Information Ministry shall set the form of written declarations for copyright or related rightregistration;

b/ Two copies of the work subject to application for copyright registration, or two copies of the fixed object subject to the related right registration;

c/ A letter of authorization where the applicant is the authorized person;

d/ Documents proving the right to file application where the applicant acquires such right due to inheritance, succession from or assignment by another person;

e/ Written consent of co-authors, for works under joint authorship;

f/ Written consent of co-owners if the copyright or related rights are under joint-ownership.

  • The documents specified at Point c, d, e and f, Clause 2 of this Article must be made in Vietnamese. Documents in foreign languages must be translated intoVietnamese.

Who are competence to grant registered copyright certificates, registered related rights certificates?

  • The state management agency in charge of copyright and related rights is competent to grant registered copyright certificates and registered related rightscertificates.
  • The state agency competent to grant registered copyright certificates and registered related rights certificates can re-grant, renew or revoke suchcertificates.
  • The Government specifies the conditions, order and procedures for re-grant, renewal and revocation of registered copyright certificates and registered related rightscertificates.
  • The Culture and Information Ministry sets the forms of registered copyright certificates and registered related rightscertificates.

3. How much time limit for granting registered copyright certificates or registered related rights certificates?

Within fifteen working days after the receipt of a valid dossier, the state management agency in charge of copyright and related rights shall have to grant a registered copyright certificate or  registered related rights certificate to the applicant. In case of refusal to grant registered copyright certificates or registered related rights certificates, the state management agency in charge of copyright and related rights must notify such in writing to theapplicants.

5. Copyright or related right assignment contracts:

  • A copyright or related right assignment contract must be established in writing and include the following principalcontents:

a/ Names and addresses of the assignor and the assignee;

b/ Assignment bases;

c/ Payment price and mode;

d/ Rights and obligations of the involved parties;

e/ Liability for contract breaches.

  • The performance, amendment, termination or cancellation of copyright or related right assignment contracts shall comply with the provisions of the CivilCode

6. Copyright or related right license contracts:

  • A copyright or related right license contract must be established in writing and include the following principal contents:

a/ Full names and addresses of the licensor and the licensee;

 b/ Licensing bases;

c/ Licensing scope;

d/ Payment price and mode;

e/ Rights and obligations of the involved parties;

f/ Liability for contract breaches.

  • The performance, amendment, termination or cancellation of copyright or related right license contracts shall comply with the provisions of the Civil Code.
  • Procedures for re-grant, renewal and revocation of registered copyright certificates and  registered related rights certificates
  • Where a registered copyright certificate or registered related rights certificate is lost or damaged, or where the copyright holder or related rights holder is changed, the competent agency defined in  Clause 2, Article 51 of this Law shall re-grant or renew such registered copyright certificate or registered related rightscertificate.
  • Where a registered copyright certificate or registered related rights certificate grantee is not the author, copyright holder or related right holder, or where the registered work, phonogram, video recording or broadcast is ineligible for protection, the competent state agency defined in Clause 2, Article 51 of this Law shall revoke such registered copyright certificate or registered related rights certificate.
  • Organizations and individuals that detect that the grant of registered copyright certificates and/or registered related rights certificates is contrary to the provisions of this Law are entitled to request the state management agency in charge of copyright and related rights to revoke such registered copyright certificates and registered related rightscertificates.

 

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