Like all other fields of intellectual property, copyright refers to the protection of the products of human intelligence. However, not all human intellectual products are protected under copyright. To follow through the conditions for a work to be protected under copyright and the term of protection, we would like to clarify some main points hereinafter:
- Conditions for protection of Copyright
Firstly, in terms of protection, the scope of copyright is the protection of literary and artistic works which areliterary, musical, and art works such as painting, sculpture, technology-based works like computer programs, electronic databases. Details have been analyzed in the article about Copyright.
Secondly, about the creativity of the work, works must contain intellectual creativity and be original. That is, the work must be a direct intellectual creation of the author, created for the first time by the author and must not be reproduced from the work of others.
Thirdly, the law only protects the form of expressing creative ideas, not creative ideas. Therefore, creative ideas that want to be protected must be revealed and contained under certain means and forms.
- Term of protection of copyright
First, copyrights are protected indefinitely for Personal Rights including: name of the work, true title or pseudonym on the work with its real name or pseudonym when the work is published, used; protect the integrity of the work, prevent others from modifying, mutilating or misrepresenting the work in any way that would harm the honor and reputation of the author.
Secondly, other than definite term protection of property rights, copyrights also provide limited term protection of certain personal rights. Unlike other moral rights, a protected right to a definite term is the rights that can be transferred to others (the right to publish or to let others publish the work).
- Files required to register copyright protection
The Ministry of Culture, Sports and Tourism (Copyright Office) is competent to grant copyright registration certificates according to the provisions of law. Accordingly, the file includes the following papers:
- Declaration of copyright registration;
- Copy of copyrighted work;
- Copy of identity card of author / authors.
- Authorization of the author / co-author;
- The author / co-author’s written guarantee that he/she is independent of the creation of the work and does not infringe the copyrights of other owners / authors.
Here are some information about copyright protection registration procedure.
To be consulted more about copyrights or other related intellectual property legal issues, please contact: 024 6653 9546
Dream Law LCC, Ltd.
Add: 401, No. 68, Phan Ke Binh road, Cong Vi ward, Ba Dinh district, Hanoi.