COPYRIGHT REGISTRATION PROCEDURES FOR A PICTURE IN VIETNAM

A copyright registration of a picture is extremely necessary to protect a copyright of pictures. How is a copyright registration of a picture understood and performed?, Who can perform a copyright registration?, and What are conditions, processes, and procedures for such a registration?  NPLaw will provide related information and contents through the following essay. 

I. The facts of a copyright registration of a picture.

In fact, a copyright registration is still appreciated in Vietnam. When disputes arise regarding a Copyright⁽¹⁾ of pictures only, authors start to learn the procedures for a copyright registration or even the processes for resolving such disputes. Then, registering and demonstrating any pictures belonging to any author’s ownership are extremely difficult.

II. What is a copyright registration of a picture?

As noted above, a copyright registration of a picture is significantly important. Thus:

1. What is a copyright registration of a picture?

Currently, there aren't any specific regulations or definitions of a copyright registration of a picture as defined by the applicable Law. However, according to related regulations and a Vietnamese dictionary, a copyright registration of a picture can be understood as follows: A copyright registration of a picture means the implementation of administrative procedures at the competent authorities to be granted the Copyright Registration Certificate (for works of art).

2. Why do owners need to register the copyright for a picture?

When an author registers the copyright of a picture, such an author will be granted the Copyright Registration Certificate by the competent State Agencies. Such a certificate will record and help authors demonstrate the Copyright of their pictures (for arising disputes). If an author doesn't register the copyright, the processes for registering and demonstrating any pictures that are exclusively created and owned by such an author and don’t copy from any other works are extremely difficult. Unfortunately, If works are copied by other authors. 

III. Subjects that can perform the copyright registration of a picture

Pursuant to Clause 1, Article 38 of Decree 17/2023/NP-CP on April 26, 2023 of the Government stipulating subjects of the copyright registration of a picture, as follows: 

“Authors, Authorships⁽²⁾ (copyright ownerships), and Ownerships of related rights that are Vietnamese individuals and organizations, foreign individuals residing in Vietnam, and foreign organizations with headquarters, representative offices or branches in Vietnam are entitled to file an application (dossier) for the Copyright or related rights by themselves (directly) or via a legal representative in Vietnam.”

IV. Conditions of the copyright registration of a picture

The copyright registration of a picture will have the following conditions that need to be ensured:

• An Author and a Co-Author are persons that directly create works, and an Authorship (copyright ownership) and a Co-Authorship (co-ownership of copyright) according to Articles 37, 38, 39, 40, 41, and 42 of the Intellectual Property Law;        
• A work of art that is exclusively created by an author, don’t copy from any other sources, don’t contravene the Law, morals or fine customs;
• A valid application (dossier) as defined by Article 39 of Decree 17/2023/NP-CP. 

V. Applications (dossiers), and procedures for the copyright registration of a picture 

1. An application (dossier)

• A declaration of the Copyright registration (as a sample) is signed or fingerprinted by an author or authorship (copyright ownership);
• Two (02) copies of a work;
• An authorized written if an applicant is a person who is authorized by an author, an authorship (copyright ownership), an author for related rights;
• Demonstrative documents for an authorship (copyright ownership), as follows:
• An identification for an individual:  one (01) copy of an ID Card or Passport (copy having authentication);
• A legal entity for an organization:  one (01) copy of the Enterprise Registration Certificate, the Establishment License, the Establishment Decision;
• An authorship (copyright ownership) due to entering into a creative agreement: agreements, rules, and regulations for organizing such a competition;
• An authorship (copyright ownership) due to heritance: Documents recognizing rights of heritance with notarization and authentication according to the Law;
• An authorship (copyright ownership) due to receiving right transfers: written agreements of transfer, donation, purchase & sale, capital contribution with notarization and authentication according to the Law;
• An authorship (copyright ownership) due to creative tasks, and creative agreements: tasks and agreements have to be originals, or copies with notarization and authentication;

If an author isn’t an authorship (copyright ownership), it is necessary to have commitment agreements for self-creation and creation according to decisions, task affirmations, or contracts; and an author has to participate in a competition and is responsible for committed contents according to the Law.

• Written consents of co-authors (if a work has co-authors);
• Written consents of co-ownerships (if an authorship and other related rights belong to joint ownerships);
• If a work makes use of another person’s individual pictures,  it is necessary to have the written consent of such a person, as defined by the Law. (According to Clause 1, Article 39 of Decree 17/2023/ND-CP)    

2. Processes and procedures

Processes and procedures for implementing the copyright registration for a picture, as follows:

• Step 1: Full preparation for one (01) a valid application according to Section V (1) therein.
• Step 2: An author and an authorship (copyright ownership) can directly file or authorize another organization or individual to file one (01) copyright registration application at the Copyright Office of Vietnam’s headquarter or Representative Offices in Ho Chi Minh City and Nha Trang City. An application can be sent by the Post or online via public services.
• Step 3: Within fifteen (15) working days from the date of receiving a valid application, the Copyright Office of Vietnam will grant the Copyright Registration Certificate to an author. If the Copyright Office refuses a grant for the Copyright Registration Certificate, they have to give a written notice to an applicant.  
• Step 4: Receiving the result of the Copyright Registration Certificate.

VI. Questions arise when performing the copyright registration of a picture

1. Where is an application for the copyright submitted? and How long is the copyright duration of a picture?  

An application for the copyright is submitted at one of the following addresses:

• The Copyright Office of Vietnam’s headquarter: No. 33, 294/2 Kim Ma Lane, Ba Dinh District, Ha Noi City;
• The Copyright Office of Vietnam’s Representative Office in HCM City: 170 Nguyen Dinh Chieu, District 3, Ho Chi Minh City;
• The Copyright Office of Vietnam’s Representative Office in Da Nang City: 58 Phan Chu Trinh, Hai Chau District, Da Nang City.

The copyright duration of a picture is the author's life and the next fifty (50) years after the author’s death. If a work has co-authors, the duration will terminate in the fifty-first year after the co-authors' death year. (According to point b, Clause 2, Article 27 of the Intellectual Property Law 2005 amended and supplemented 2009, 2019; and amending and supplementing 2023). 

2. Can students of the Art Industry register the copyright of a picture made of wood material? 

Pursuant to Clause 7, Article 6, stipulating works registered the copyright according to Decree 17/2023/ND-CP, pictures made of wood material are works of art registered the Copyright. Thus, Art Industry’s students can register the copyright of a picture made of wood material. 

3. Is the copyright registration for a picture easy or difficult?

The copyright registration for a picture isn’t too difficult to perform, but it requires an author and an authorship (copyright ownership) to prepare full and valid applications. Such an application has to ensure a demand of conditions according to the Law to be granted the Copyright Registration Certificate, and avoid being denied or required to change and supplement an application that causes loss of time and fees. Therefore, an author and an authorship should require legal understanding and professional units to support the processes of the copyright registration.  

VII. Consulting services

With many years of experience in consultation and support to perform the procedures for the copyright registration of a picture, NPLaw Firm will help our Client resolve the above issue according to the following steps:

• Receiving and considering the information of an author, a copyright ownership, or a picture that needs to be registered the copyright;
• Drafting and representing our Client to submit and adjust an application (a dossier), and work with the competent authorities;
• Receiving and Handing over a result of the Copyright Registration Certificate to our Client. 

These are all information relating to THE COPYRIGHT REGISTRATION PROCEDURES FOR A PICTURE IN VIETNAM as prescribed by Vietnamese Law. When performing the trademark registration of a picture, our Client has to comply with the Law and such activities have to be legally granted by the competent authorities. Please don’t hesitate to contact us, if the clients have any further questions. NPLaw is willing to support the Client in resolving all issues listed with the best efforts.

NPLAW is proud to be a prestigious law firm unit and has the trust and belief of clients, enterprises, and individuals. NPLaw specializes in providing legal services all-around relating to domestic and abroad investments such as Enterprise, Real Estate, Intellectual Property, Labor; drafting consultation, negotiation and concluding support for the Commercial Contract, domestic and abroad Service Contract; consultations and support for implementing licensed procedures of Licenses, etc,. NPLaw, with our professional Lawyers and Specialists, we have the full ability to consult with and support customers as they implement the above procedures. Along with the slogan “Your benefits - Our Priority”, NPLaw definitely becomes the accurate, and safe choice for your legal issues.  

NPLaw Firm

Hotline: 0913 449968

Email: legal@nplaw.vn

1 Copyright: is the legal right to control all use of an original work, such as a book, play, movie, or piece of music, for a particular period of time.

2  Authorship: the state or fact of being the person who wrote a particular book, article, play, etc.,