In today’s technological age, many images are easily plagiarized and copied with bad intentions. Registering copyright for photographic works is necessary but is a difficult problem that many clients have been encountering. To answer questions from clients, Viet An Law published an article about copyright registration for the photo work below.
Copyright registration is understood as an administrative procedure conducted by the author or owner of the work submitting copyright registration documents to the registration agency to record intellectual property rights for the registered work. sign. When the Copyright Office issues a registration certificate, the author and owner of the work will have the exclusive right to use the registered work in the territory of Vietnam.
According to the provisions of Clause 1, Article 6 of the Intellectual Property Law, copyright registration is not mandatory. Immediately after completing the work and the work is expressed in a certain form, copyright will still arise from that time even though copyright registration procedures have not yet been carried out.
According to the provisions of international treaties in general and Vietnamese law in particular, the creator of a photographic work is the subject of copyright protection.
Firstly, the work must be directly created by the author and not copied from another person’s work;
Second, conditions on legal entities:
Registering a copyright for photographic works will bring the following benefits:
Procedures for registering copyright for photographic works include the following steps:
After completing the work, the owner and author proceed to draft the copyright registration dossier for the photographic work according to the provisions of the law. It prepares documents to establish the owner’s legal ownership rights and the actual creation process of the work.
Application submission methods include the following :
Authors, copyright owners, and related rights owners can directly or authorize other organizations or individuals to submit a copyright registration application at the Copyright Office headquarters in Hanoi. Clients in the Southern and Central provinces, when needed, can register at the Copyright Office offices in Ho Chi Minh City and Da Nang.
Copyright registration documents can be submitted directly or by post to one of the three addresses mentioned above. However, to avoid unnecessary problems and in case of conditions, the applicant should still submit the copyright registration application directly to the above agencies.
After receiving the registration dossier, the Copyright Office will review and appraise the dossier and will make decisions corresponding to the following cases:
Note: Clients can shorten the time to consider granting a Copyright Registration Certificate for photographic works to 7 – 10 days when clients use consulting services and a representative applies for registration of Viet An Law Firm.
Copyright registration documents for photographic works include:
Note: The declaration must clearly state the name of the work, type of work, date of completion of the work, a summary of the main content of the work, works registered as derivative works, time, and location. form of announcement and commitment of the person making the declaration regarding the accuracy of the information recorded in the declaration.
copyright registration declaration must be written in Vietnamese and must contain all information about the applicant, author, copyright owner, or related owner.
According to current legal regulations, within fifteen (15) working days from the date of receipt of valid documents, the state management agency on copyright is responsible for issuing the Copyright Registration Certificate. false to the applicant. In case of refusal to issue a Copyright Registration Certificate, the state management agency for copyright must notify the applicant in writing and clearly state the reason.
The registration fee is a fee that the author and owner of the work will have to pay to the registration agency ( Copyright Office ) and depending on the type of work, there will be different ways of calculating the fee.
Article 4 of Circular 211/2016/TT-BTC stipulates the fees for photographic works as follows: The cost for copyright registration is 100,000 VND applicable to photographic works.
Clients who need advice on the procedure to register copyright in Vietnam for photographic works, please contact Viet An Company for the best support.
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