Legal Protection for AI-Generated Works Copyright in Vietnam

The development of artificial intelligence (AI) has raised numerous debates about the ownership of copyright in AI-generated works. Can AI be recognized as an author? If not, who will be the lawful owner? In this article, Viet An Law will analyze legal protection for AI-generated works copyright in Vietnam.

Who is the author of AI-generated works?

Determining who is the author of content generated by artificial intelligence (AI) is becoming a new and challenging legal issue. According to the current legal systems of most countries, copyright is only recognized for human beings.

This raises important questions: Are AI-generated works protected? Can AI be considered a legitimate author? And how will user rights regarding such content be regulated? Additionally, if AI creates content that infringes copyright, who will bear legal responsibility?

AI is essentially just an assistive tool that operates based on pre-programmed algorithms and data. In the process of creating the final product, multiple parties are involved, including programmers, data providers, and AI users.

However, AI is the direct factor that creates the content. Therefore, determining who owns the copyright to AI-generated works remains highly debated. Currently, AI is not recognized as an independent author, thus, neither AI developers, AI owners, nor AI users can claim authorship of AI-generated products.

Example: Some AI tools can create new music by learning from existing works. Who will be the lawful owner of these musical pieces? Is it the AI developer, the input data provider, or the AI itself? This is a question without a clear answer and remains a hotly debated topic in the legal community.

When can AI-generated works copyright be objected to?

Works not created by humans

According to clause 2, article 4 of the Intellectual Property Law 2005, as amended in 2022, “Copyright is the right of organizations and individuals over works created by themselves or owned by them.” Therefore, if a work is entirely created by AI without creative intervention from organizations or individuals, copyright registration for such work may be objected to.

Works lacking creativity and originality

Based on clause 3, article 14 of the Intellectual Property Law 2005 as amended in 2022, protected works specified in clauses 1 and 2 of this article must be directly created by the author through their intellectual labor without copying from others’ works.

If AI-generated works do not meet the criteria for creativity and originality, copyright registration may be objected to.

Unclear identification of author or copyright owner

Article 36 of the Intellectual Property Law 2005, as amended in 2022, stipulates that copyright registration dossiers must include “full name and address of the author and copyright owner.” In cases where works are created by AI, if the author or copyright owner cannot be identified, registration may be objected to.

Works falling under non-copyrightable subject matter

Article 15 of the Intellectual Property Law 2005, as amended in 2022, lists subjects not within the scope of copyright protection, including:

• Pure news reporting.
• Legal normative documents, administrative documents, other judicial documents, and official translations thereof.
• Procedures, systems, operational methods, concepts, principles, and data.

If AI-generated works fall under these categories, copyright registration will not be accepted under legal protection for AI-generated works copyright in Vietnam. Objections to copyright registration must be made through state management agencies for copyright, with sufficient evidence and legal arguments provided to prove that the work does not meet protection requirements as stipulated by Vietnamese intellectual property law governing legal protection for AI-generated works copyright in Vietnam.

Resolving copyright disputes over AI-generated works

Since legal protection for AI-generated works copyright in Vietnam is still lacking, resolving disputes related to these works faces numerous difficulties, particularly in determining copyright subjects and the scope of protection. Therefore, legal research and amendments are necessary to promptly respond to AI technology developments.

According to Article 198 of the Intellectual Property Law 2005, as amended in 2022, intellectual property rights holders have the right to apply the following measures to protect their intellectual property rights:

• Apply technological measures to prevent intellectual property infringement;
• Request organizations and individuals committing intellectual property infringement to cease infringement, apologize, make public corrections, and compensate for damages;
• Request competent state agencies to handle intellectual property infringement under this law and other relevant legal provisions;
• File lawsuits in court or arbitration to protect their legitimate rights and interests.

The jurisdiction for handling intellectual property infringement is stipulated in Article 200 of the Intellectual Property Law 2005, as amended in 2022, as follows:

• Within their scope of duties and powers, courts, inspectorates, market management agencies, customs, police, and people’s committees at all levels have jurisdiction to handle intellectual property infringement.
• The application of civil and criminal measures falls under the jurisdiction of courts. When necessary, courts may apply temporary emergency measures as prescribed by law.
• The application of administrative measures falls under the jurisdiction of inspectorates, police, market management agencies, customs, and people’s committees at all levels. When necessary, these agencies may apply preventive measures and ensure administrative sanctions as prescribed by law.
• The application of control measures for import and export goods related to intellectual property falls under the jurisdiction of customs agencies.

The above constitutes the complete content regarding legal protection for AI-generated works copyright in Vietnam. Clients requiring legal consultation are kindly requested to contact Viet An Law for timely support!