In the era of technology development 4.0, creative images and content are easily copied or illegally used for bad purposes. Therefore, the registration of image copyright is extremely necessary to protect the author’s rights and benefits.
1. What is the image copyright? Why should we register image copyright?
Image copyright is the copyright recognition for the works which are presented in the form of artworks, graphic designs, photographic works…Within that:
- 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).
Original works are the objectives of enforcement of copyright They are the author’s works and have the extent of creativity.
Contents that are not considered original works to get the enforcement of copyrights includes titles, names, slogans, or short phrases.
The copyright of images is very important because individuals and organizations have the ownership of copyrights can have the rights as follows:
- 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…
- 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…
2. Procedure for the image copyright
2.1. Application for the image copyright
The application for the image copyright is prescribed in Clause 2, Article 50, Law on Intellectual property 2005, amended and supplemented in 2022, including:
- 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: A letter of authorization, documents proving the right, written consent of co-authors, and written consent of co-owners must be made in Vietnamese. Documents in foreign languages must be translated into Vietnamese.
2.2. Modes of filing registration applications
Organizations and individuals can fill out registration applications directly or by post to the Copyright Office of Vietnam (COV) or the representative office of COV.
2.3. Receiving agencies for the image copyright
Receiving agencies for the image copyright are COV or its representative offices.
- Headquarters in Hanoi: No. 33, alley 294/2, Kim Ma street, Ba Dinh district.
- Representative office in Ho Chi Minh City: No. 170. Nguyen Dinh Chieu Street, district No. 3; Tel: 028. 39.308.086; Fax: 028. 39 308 087; Email: email@example.com
- Representative office in Da Nang city: No. 58 Phan Chu Trinh, Hai Chau district; Tel: 023.63 606 967; Email: firstname.lastname@example.org
2.4. Settlement time
The certificate of image copyright shall be granted within 15 working days after receiving the valid applications.
The settlement time can be longer than the current time because of: Insufficient applications, wrong application form, wrong information in the application.