What is copyright? What are the deceptive behaviors in the copyright registration process?
What is Copyright?
Copyright is the right of organizations or individuals over works they create or own, as defined by the Intellectual Property Law of 2005 (amended and supplemented in 2009, 2019). Copyright arises from the moment a work is created in any form, and it exists without the need for registration. However, registering copyright is recommended as it allows the owner to record information about the author and the work in Vietnam’s Copyright System.
In case of disputes, copyright owners will have a better foundation to protect their rights against infringements or take actions such as objections and revocations of protective validity for their works.
Various types of works are protected under copyright, including:
- Literary, scientific works, textbooks, teaching materials, etc.
- Lectures and speeches
- Musical works
- Journalistic works
- Theatrical and cinematographic works
- Fine arts, photography, architecture
- Folk art works
- Computer programs
Deceptive and Violative Actions
There are various forms of copyright infringement, such as:
- Infringement of moral rights of the author, specifically: infringing the right to use one’s name, the right to be properly credited, the right to publish the work, the right to protect the work for others without distortion, etc.
- Infringement of economic rights of the author: infringing the right to present the work publicly, copying a portion of the work, the right to distribute the work to the public, broadcasting and leasing the original work, etc.
- Additionally, other actions include impersonating the author, using works for profit without permission, altering and distorting works for profit, creating derivative works without permission, copying works, etc.
The process of dealing with copyright infringement varies depending on the situation and the country’s legal framework. In recent years, there have been updates to copyright laws, including provisions for criminal penalties for copyright infringement.
The process of author copyright registration and deceptive behaviors in the registration process
There are several steps for the copyright registration process as follows:
Step 1: Prepare the copyright registration dossier including:
Copyright registration declaration form according to the template: written in Vietnamese, completed within a specific time, summary content, author’s name, location, power of attorney (if any), and consent of owners and co-authors.
Step 2: Submit the registration dossier: in person, by post, online submission
Step 3: Return of results: Results will be returned within 15 working days
If the application is rejected, the state management agency will provide a written notice with reasons to the applicant
If the application is valid, the state management agency will be responsible for copyright registration and issue a related registration certificate to the applicant.
Deceptive behaviors are actions that bypass the steps outlined above. Deceptive behaviors can include bribery, fraud in the application process, for example, an invalid document in terms of form can still be approved due to illegal tactics.
Furthermore, Deputy Director of the Copyright Office noted: “Many legal consulting firms lack understanding of the law, leading to difficulties for individuals and organizations in the digital environment. This can be a basis for elements to bypass legal processes.”
Specifically, deception in the registration process may involve submitting works not created by oneself.
Additionally, an individual might deceive in registering copyright to misuse this right, for instance, to control, obstruct, or demand ownership of related works that they do not have the right to.
There are also cases of individuals using forged documents or providing false information. Moreover, they may register copyright with the intent of commercial fraud.
Penalties for copyright infringement
Currently, the maximum administrative fine for copyright infringement against individuals is 250 million VND, and for organizations, it’s 500 million VND, which is considered not deterrent enough.
Recently, there have been some changes, such as Article 225 of the 2015 Penal Code, amended and supplemented in 2017, which also provides regulations on the crime of copyright and related rights infringement. It can lead to criminal liability if violated, or administrative penalties, which are also forms of texts that can protect copyright.
These are the fundamental rules for protecting copyright and related rights. Additionally, increasing penalties for each case of copyright infringement, specifically administrative penalties (more serious offenses may carry heavier penalties), has been emphasized as necessary.
The law amending and supplementing some articles of the Intellectual Property Law, which was passed by the National Assembly on June 16, 2022, has been in effect since January 1, 2023. Specifically, members of the drafting committee and editorial team were required to study carefully and clarify acts of copyright infringement and administrative penalties for copyright infringers.