Copyrights are the rights of organizations and individuals to works created or owned by them.
Copyright author and copyright owner with works which are protected by copyright are the subjects specified in Article 13 of the Intellectual Property (IP) Law:
- Organizations and individuals with works which are protected by copyright comprise persons who directly create such works and copyright holders stipulated in articles 37 to 42 inclusive of this Law.
- Authors and copyright holders stipulated in clause 1 of this article shall comprise Vietnamese organizations and individuals; foreign organizations and individuals with works published for the first time in Vietnam and not yet published in any other country, or with works also published in Vietnam within thirty days after publication for the first time in another country; and foreign organizations and individuals with works which are protected in Vietnam pursuant to an international treaty on copyright of which the Socialist Republic of Vietnam is a member.
Copyright author and copyright owner would be the one or two different organizations and/or individuals.
| Criteria | Copyright author | Copyright owner |
| Definition | Copyright author is a person who directly creates a part or a whole of literary, artistic and scientific work, including:
+ Vietnamese individuals whose work is copyright protected; + Foreign individuals whose works are created and expressed in a certain material form in Vietnam; + Foreign individuals whose works are first published in Vietnam; + Foreign individuals whose works are protected in Vietnam under international treaties on copyright to which Vietnam is a contracting party. |
Copyright owner is an organization or individual that holds one, some or all of the property rights.
Copyright owners include: + Vietnamese organizations and individuals; + Foreign organizations and individuals whose works are created and expressed in a certain material form in Vietnam; + Foreign organizations and individuals whose works are first published in Vietnam; + Foreign organizations and individuals whose works are protected in Vietnam under international treaties on copyright to which Vietnam is a contracting party. |
| Classification | Must be the person who directly creates a part or the whole work. | May not be the person who directly creates the work. The copyright owner owners include the following cases:
– The copyright owner is also an the copyright author; – The copyright owner are co-authors; – The copyright owner is an organization or individual that assigns tasks to the author or enters into a contract with the author; – The copyright owner is the heir; – The copyright owner is the person to whom the right has been transferred; – The owner of copyright is the State. |
| Rights | The copyright author uses his time, finance, material and technical facilities to create a work, thus owns the following moral and property rights:
1. Personal rights include the following rights: a) Naming the work; b) Having real name or pseudonym on the work; to have his / her real name or pseudonym mentioned when the work is published or used; c) Publish the work or allow others to publish the work; d) To protect the integrity of the work, prevent others from modifying, mutilating or distorting the work in any way that may damage the author’s honor and reputation. 2. Property rights include the following rights: a) Making derivative works; b) Performing the work to the public; c) Copy the work; d) Distributing or importing originals or copies of the work; đ) Communicating the work to the public by wire, radio, electronic information network or any other technical means; e) Lease of originals or copies of cinematographic works or computer programs. |
The copyright owners are entitled to 1 or some or all of these property rights:
+ Making derivative works + To perform works in public + Copied works + To distribute or import originals or copies of works + To communicate the work to the public by means such as wired, wireless, electronic information networks or any other technical means. + To rent originals or copies of cinematographic works or computer programs Copyright owner is an organization or individual that assigns tasks to the author or enters into a contract with the author who will have the right to publish the work or allow others to publish the work.
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The above are some of the criteria to distinguish the copyright author from the copyright owner. If you have any inquery about THE PROCEDURE OF REGISTRATION FOR COPYRIGHTS IN VIETNAM, please contact us.
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