Tiếng Việt
中文 (中国)
Creative images and content are frequently duplicated or unlawfully exploited for malicious purposes in the era of technological development 4.0. As a result, image copyright registration is important for protecting the author’s rights and benefits. So, what is the procedure for registering image copyright in Vietnam?
What does “image copyright” mean? Why should image copyright be registered?
Image copyright is the recognition of copyright for works presented in the form of artworks, graphic designs, photographic works, etc. That includes:
- Works of applied arts mean works presented by lines, colors, three-dimensional figures or layouts, having useful features associated with useful objects, and being produced by hand or by machines, such as Graphic designs, fashion designs, product designs, interior designs, and decoration (Clause 2, Article 13, Decree No. 22/2018/ND-CP).
- Photographic works mean works showing images of the objective world on photosensitive materials or other media on which images are created or can be created by chemical, electronic, or other technical methods (Article 14, Decree No. 22/2018/ND-CP).
The objectives of copyright enforcement are original works. They are the author’s works that demonstrate a high level of creativity.
Titles, names, slogans, or short phrases are examples of content that are not considered creative works for the purposes of copyright enforcement.
The copyright of images is particularly significant because persons and organizations who own copyrights might have the following rights:
- Directly use the registered copyrights;
- Transfer their own copyrights to others to get profits;
- Require state agencies to take remedial acts for any other infringement acts on their copyrights, etc.
- Have personal rights such as: naming the works, public by themselves or allowing others to the public the work, releasing the works with consistent copies, protecting the integrity of the works, etc.
How to register for image copyright?
According to Clause 2, Article 50 of the Law on Intellectual Property 2005, as amended and supplemented in 2022, the application for image copyright must include the following:
- A written declaration for registration
- 02 copies of the work;
- A letter of authorization where the applicant is the authorized person;
- Documents proving the right to file an application where the applicant acquires such right due to inheritance, succession from, or assignment by another person;
- Written consent of co-authors, for works under joint authorship;
- Written consent of co-owners if the copyright or related rights are under joint ownership.
Note: Vietnamese must be used for the letter of authorization, the documents proving the right, the written approval of the co-authors, and the written consent of the co-owners. Foreign-language documentation must be translated into Vietnamese.
Applications for registration may be submitted directly by organizations or by post to the Copyright Office of Vietnam (COV) or the COV representative office.
After receiving the legitimate applications, the certificate of image copyright should be granted within 15 working days.
Insufficient applications, an inappropriate application form, incorrect information in the application, and other factors might cause the settlement time to exceed.
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
