To create a complete software needs to go through many different creative stages. Depending on how specific types of software copyrights are represented, a software author or owner can make an intellectual property registration. Join us to learn more about the legal provisions related to this issue in the below article.
Software copyright is the right of an organization or individual to a computer program that they create or own.
A computer program is a collection of instructions expressed in the form of instructions, codes, diagrams or any other form that, when attached to a computer-readable medium, is capable of making the computer perform a task or achieve a particular result.
Computer programs are protected as literary works, whether expressed in source code or machine code.
Computer software, also known as computer programs, is one of the types of works protected as copyright under the provisions of the Intellectual Property Law.
Currently on the market, there are many types of software, mainly for devices such as computers, phones, and tablets. They serve many different purposes of life, for example: Accounting software, technical drawing software, task management software, goods management software, ...
In Vietnam, legal issues related to software copyright are governed by the Intellectual Property Law and the guiding documents of the Intellectual Property Law related to copyright.
Computer software copyright shall arise at the moment a computer software is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered.
Copyright registration of computer software means an author or a copyright holder submits an application to a competent state agency to record information about the author, computer software, copyright owner.
Filing an application for a copyright registration certificate for computer software is not a mandatory procedure. However, an organization or individual that has been granted a copyright registration certificate will not be obliged to prove that the copyright belongs to them in the event of a dispute, unless there is evidence to the contrary.
Computer software copyright includes moral rights and economic rights.
- Moral rights include the following rights: Name the work; put your real name or pseudonym on the work, give your real name or a pseudonym when the work is published or used; publish the work or authorize others to publish the work; protect the integrity of the work, prevent others from modifying, mutilating or distorting the work in any way that is prejudicial to the honor and reputation of the author.
- Economic rights include the following rights: Make derivative works, display their works to the public, reproduce their works, distribute or import the original or copies of their works, communicate their works to the public by wireless or landline means, electronic information networks or other technical means, lease the original or copies of computer programs.
Authors and organizations, individuals that invest in material and technical facilities to create computer programs can agree on the repair and upgrade of computer programs.
Organizations and individuals that have the legal right to use a copy of a computer program can make a backup copy for replacement when that copy is lost, damaged or unusable.
Software copyright registration is done through the following steps:
- Step 1: Submit an application for copyright registration.
- Step 2: The Copyright Office appraises the application.
- Step 3: The Copyright Office grants a copyright registration certificate.
Dossier for software copyright registration includes:
- Registration form;
- A copy of ID card of author or copyright owner being individual; Certificate of business registration / establishment decision of copyright owner being organizations;
- 02 copies of computer program: Printed to discs (CD, DVD, …), stuck white label paper, the label has information about the author, owner, address, ...
- Description of the computer program interface;
- Author's guarantee that the creation of the computer program is not copied from others;
- The decision to assign tasks to the author group, or an order contract, or a contract for copyright selling and buying.
- Statement about the author and copyright owner (in case the author is an individual and is also the legal representative of the company that is the copyright owner).
- Power of attorney (if applying through a representative);
- Other relevant documents (if any).
The Copyright Office under The Ministry of Culture, Sports and Tourism is the competent authority to issue copyright registration certificates for computer software.
Organizations and individuals wishing to register software copyrights can send their dossiers directly or by post to the Copyright Office's headquarters (No. 33 Alley 294/2 Kim Ma Street, Ba Dinh District, Ha Noi City) or Representative Office of Copyright Office in Ho Chi Minh City (No. 170 Nguyen Dinh Chieu Street, District 3, Ho Chi Minh City), Representative Office of Copyright Office in Da Nang City (No. 58 Phan Chu Trinh Street, Hai Chau District, Da Nang City).
Fees of software copyright registration includes fee for consulting, fee for drafting registration dossier and state fee. In which, state fees are collected according to the provisions of Circular No. 211/2016/TT-BTC dated November 10th, 2016 of the Ministry of Finance.
What is software copyright selling?
Selling of copyright of computer software means the copyright owner transfers ownership rights to another organization or individual under a contract or in accordance with relevant laws.
The author of computer software may not assign moral rights to the work, except for the right to publish the work.
In the case of computer software with co-owners, the transfer must be agreed upon by all co-owners; In case there is a co-owner, but the computer software has separate parts that can be separated for independent use, the copyright owner has the right to sell the copyright to his or her separate part to other organization or individual.
A contract on selling and buying of copyright for computer software must be made in writing and includes the following main details: Full name and address of the seller and buyer, the basis for the trading, price, payment method, rights and obligations of the parties, liability for breach of contract.
Administrative punishment
Organizations and individuals that commit acts of infringing computer software copyrights, depending on the behavior and nature of the violation, if not yet to the point of being examined for penal liability, will be administratively punished. The fine level and competence are specified in Decree No. 131/2013/ND-CP dated October 16, 2013 of the Government (amended and supplemented a number of articles according to Decree No. 28/2017/ND-CP dated March 20, 2017 of the Government).
Criminal prosecution of the crime of “Infringement of copyright”
a) For individual offenders
Any person who, without the permission of the copyright holder, intentionally commits one of the following acts, infringes upon the copyright being protected in Vietnam on a commercial scale, or earns an illegal profit from VND 50 million or causes damage to the copyright holder from 100 million VND or value of infringing goods from 100 million VND, depending on the nature and seriousness of the violation, may be fined from VND 50 million to VND 01 billion or a non-custodial reform for up to 03 years or in prison from 06 months to 03 years:
- Copy work.
- Distribute copies of the work to the public.
Offenders may also be banned from holding certain posts, practicing certain professions or doing certain jobs for between 01 and 05 years.
b) For the offender is a commercial legal entity
A commercial legal entity without the permission of the copyright holder, intentionally commits one of the following acts, infringes upon the copyright being protected in Vietnam on a commercial scale, or earns an illegal profit from VND 200 million or causes damage to the copyright holder from VND 300 million or value of infringing goods from VND 300 million dong; or even though it only earns an illegal profit of between VND 100 million and under VND 200 million, or causes damage to the copyright holder from VND 100 million to under VND 300 million, or value of infringing goods are from VND 100 million to under VND 300 million, but has been administratively sanctioned for one of these acts or has been convicted for this crime, has not yet had its criminal record cleared but continues to commit it, depending on the nature and seriousness of the violation, it may be fined from VND 300 million to VND 03 billion or suspend its operation for a term from 06 months to 02 years:
- Copy work.
- Distribute copies of the work to the public.
In addition, criminal commercial legal entities may also be banned from doing business, operating in certain fields or from raising capital for from 01 to 03 years.
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